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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 3-402, 3-601 and 3-819 and by adding Section 1-106.8 | ||||||||||||||||||||||||
6 | as follows: | ||||||||||||||||||||||||
7 | (625 ILCS 5/1-106.8 new) | ||||||||||||||||||||||||
8 | Sec. 1-106.8. Boat trailer. A trailer designed exclusively | ||||||||||||||||||||||||
9 | for carrying watercraft, as defined by Section 1-2 of the Boat | ||||||||||||||||||||||||
10 | Registration and Safety Act.
| ||||||||||||||||||||||||
11 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
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12 | Sec. 3-402. Vehicles subject to registration; exceptions.
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13 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||||||||||||||||||||
14 | semitrailer and
pole trailer when driven or moved upon a | ||||||||||||||||||||||||
15 | highway shall be subject to the
registration and certificate of | ||||||||||||||||||||||||
16 | title provisions of this Chapter except:
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17 | (1) Any such vehicle driven or moved upon a highway in | ||||||||||||||||||||||||
18 | conformance with
the
provisions of this Chapter relating to | ||||||||||||||||||||||||
19 | manufacturers, transporters, dealers,
lienholders or | ||||||||||||||||||||||||
20 | nonresidents or under a temporary registration permit | ||||||||||||||||||||||||
21 | issued
by the Secretary of State;
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22 | (2) Any implement of husbandry whether of a type |
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| |||||||
1 | otherwise subject to
registration hereunder or not which is | ||||||
2 | only incidentally operated or moved
upon a highway, which | ||||||
3 | shall include a not-for-hire movement for the purpose
of | ||||||
4 | delivering farm commodities to a place of first processing | ||||||
5 | or sale, or
to a place of storage;
| ||||||
6 | (3) Any special mobile equipment as herein defined;
| ||||||
7 | (4) Any vehicle which is propelled exclusively by | ||||||
8 | electric power obtained
from overhead trolley wires though | ||||||
9 | not operated upon rails;
| ||||||
10 | (5) Any vehicle which is equipped and used exclusively | ||||||
11 | as a pumper, ladder
truck, rescue vehicle, searchlight | ||||||
12 | truck, or other fire apparatus, but not
a vehicle of a type | ||||||
13 | which would otherwise be subject to registration as a
| ||||||
14 | vehicle of the first division;
| ||||||
15 | (6) Any vehicle which is owned and operated by the | ||||||
16 | federal government
and externally displays evidence of | ||||||
17 | federal ownership. It is the policy
of the State of | ||||||
18 | Illinois to promote and encourage the fullest use of its
| ||||||
19 | highways and to enhance the flow of commerce thus | ||||||
20 | contributing to the economic,
agricultural, industrial and | ||||||
21 | social growth and development of this State,
by authorizing | ||||||
22 | the Secretary of State to negotiate and enter into | ||||||
23 | reciprocal
or proportional agreements or arrangements with | ||||||
24 | other States, or to issue
declarations setting forth | ||||||
25 | reciprocal exemptions, benefits and privileges
with | ||||||
26 | respect to vehicles operated interstate which are properly |
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1 | registered
in this and other States, assuring nevertheless | ||||||
2 | proper registration of vehicles
in Illinois as may be | ||||||
3 | required by this Code;
| ||||||
4 | (7) Any converter dolly or tow dolly which merely | ||||||
5 | serves as
substitute wheels for another
legally licensed | ||||||
6 | vehicle. A title may be issued on a voluntary basis to
a | ||||||
7 | tow dolly upon receipt of the manufacturer's certificate of | ||||||
8 | origin or
the bill of sale;
| ||||||
9 | (8) Any house trailer found to be an abandoned mobile | ||||||
10 | home under the
Abandoned Mobile Home Act;
| ||||||
11 | (9) Any vehicle that is not properly registered or does | ||||||
12 | not have
registration plates issued to the owner or | ||||||
13 | operator affixed thereto, or that
does have registration | ||||||
14 | plates issued to the owner or operator affixed thereto
but | ||||||
15 | the plates are not appropriate for the weight of the | ||||||
16 | vehicle, provided that
this
exemption shall apply only | ||||||
17 | while the vehicle is being transported or operated
by a | ||||||
18 | towing service and has a third tow plate affixed to
it ; . | ||||||
19 | (10) Any boat trailer registered under Section 3-15 of | ||||||
20 | the Boat Registration and Safety Act.
| ||||||
21 | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | ||||||
22 | pole trailer
need not be registered under this Code provided | ||||||
23 | the same is operated interstate
and in accordance with the | ||||||
24 | following provisions and any rules and regulations
promulgated | ||||||
25 | pursuant thereto:
| ||||||
26 | (1) A nonresident owner, except as otherwise provided |
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| |||||||
1 | in this Section,
owning any foreign registered vehicle of a | ||||||
2 | type otherwise subject to
registration hereunder, may | ||||||
3 | operate or permit the operation of such vehicle
within this | ||||||
4 | State in interstate commerce without registering such | ||||||
5 | vehicle
in, or paying any fees to, this State subject to | ||||||
6 | the condition that such
vehicle at all times when operated | ||||||
7 | in this State is operated pursuant to a
reciprocity | ||||||
8 | agreement, arrangement or declaration by this State, and
| ||||||
9 | further subject to the condition that such vehicle at all | ||||||
10 | times when
operated in this State is duly registered in, | ||||||
11 | and displays upon it, a valid
registration card and | ||||||
12 | registration plate or plates issued for such vehicle
in the | ||||||
13 | place of residence of such owner and is issued and | ||||||
14 | maintains in such
vehicle a valid Illinois reciprocity | ||||||
15 | permit as required by the Secretary of
State, and provided | ||||||
16 | like privileges are afforded to residents of this State
by | ||||||
17 | the State of residence of such owner.
| ||||||
18 | Every nonresident including any foreign corporation | ||||||
19 | carrying on business
within this State and owning and | ||||||
20 | regularly operating in such business any
motor vehicle, | ||||||
21 | trailer or semitrailer within this State in intrastate | ||||||
22 | commerce,
shall be required to register each such vehicle | ||||||
23 | and pay the same fees therefor
as is required with | ||||||
24 | reference to like vehicles owned by residents of this
| ||||||
25 | State.
| ||||||
26 | (2) Any motor vehicle, trailer, semitrailer and pole |
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| |||||||
1 | trailer operated
interstate need not be registered in this | ||||||
2 | State, provided:
| ||||||
3 | (a) that the vehicle is properly registered in | ||||||
4 | another
State pursuant to law or to a reciprocity | ||||||
5 | agreement, arrangement or
declaration; or
| ||||||
6 | (b) that such vehicle is part of a fleet of | ||||||
7 | vehicles owned or operated
by the same person who | ||||||
8 | registers such fleet of vehicles pro rata among the
| ||||||
9 | various States in which such fleet operates; or
| ||||||
10 | (c) that such vehicle is part of a fleet of | ||||||
11 | vehicles, a portion of which
are registered with the | ||||||
12 | Secretary of State of Illinois in accordance with
an | ||||||
13 | agreement or arrangement concurred in by the Secretary | ||||||
14 | of State of
Illinois based on one or more of the | ||||||
15 | following factors: ratio of miles in
Illinois as | ||||||
16 | against total miles in all jurisdictions; situs
or base | ||||||
17 | of a vehicle, or where it is principally garaged, or | ||||||
18 | from whence
it is principally dispatched or where the | ||||||
19 | movements of such vehicle usually
originate; situs of | ||||||
20 | the residence of the owner or operator thereof, or of
| ||||||
21 | his principal office or offices, or of his places of | ||||||
22 | business; the routes
traversed and whether regular or | ||||||
23 | irregular routes are traversed, and the
jurisdictions | ||||||
24 | traversed and served; and such other factors as may be | ||||||
25 | deemed
material by the Secretary and the motor vehicle | ||||||
26 | administrators of the other
jurisdictions involved in |
| |||||||
| |||||||
1 | such apportionment. Such vehicles shall maintain | ||||||
2 | therein any reciprocity permit
which may be required by | ||||||
3 | the Secretary of State pursuant to rules and
| ||||||
4 | regulations which the Secretary of State may | ||||||
5 | promulgate in the
administration of this Code, in the | ||||||
6 | public interest.
| ||||||
7 | (3) (a) In order to effectuate the purposes of this | ||||||
8 | Code, the Secretary
of State of Illinois is empowered | ||||||
9 | to negotiate and execute written reciprocal
agreements | ||||||
10 | or arrangements with the duly authorized | ||||||
11 | representatives of other
jurisdictions, including | ||||||
12 | States, districts, territories and possessions
of the | ||||||
13 | United States, and foreign states, provinces, or | ||||||
14 | countries, granting
to owners or operators of vehicles | ||||||
15 | duly registered or licensed in such
other | ||||||
16 | jurisdictions and for which evidence of compliance is | ||||||
17 | supplied,
benefits, privileges and exemption from the | ||||||
18 | payment, wholly or partially,
of any taxes, fees or | ||||||
19 | other charges imposed with respect to the ownership
or | ||||||
20 | operation of such vehicles by the laws of this State | ||||||
21 | except the tax
imposed by the Motor Fuel Tax Law, | ||||||
22 | approved March 25, 1929, as amended, and
the tax | ||||||
23 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
24 | amended.
| ||||||
25 | The Secretary of State may negotiate agreements or | ||||||
26 | arrangements as are in
the best interests of this State |
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| |||||||
1 | and the residents of this State pursuant
to the | ||||||
2 | policies expressed in this Section taking into | ||||||
3 | consideration the
reciprocal exemptions, benefits and | ||||||
4 | privileges available and accruing to
residents of this | ||||||
5 | State and vehicles registered in this State.
| ||||||
6 | (b) Such reciprocal agreements or arrangements | ||||||
7 | shall provide that vehicles
duly registered or | ||||||
8 | licensed in this State when operated upon the highways
| ||||||
9 | of such other jurisdictions, shall receive exemptions, | ||||||
10 | benefits and privileges
of a similar kind or to a | ||||||
11 | similar degree as extended to vehicles from such
| ||||||
12 | jurisdictions in this State.
| ||||||
13 | (c) Such agreements or arrangements may also | ||||||
14 | authorize the apportionment of
registration or | ||||||
15 | licensing of fleets of vehicles operated interstate, | ||||||
16 | based
on any or all of the following factors: ratio of | ||||||
17 | miles in Illinois as against
total miles in all | ||||||
18 | jurisdictions; situs or base of a vehicle, or where it
| ||||||
19 | is principally garaged or from whence it is principally | ||||||
20 | dispatched or where
the movements of such vehicle | ||||||
21 | usually originate; situs of the residence
of the owner | ||||||
22 | or operator thereof, or of his principal office or | ||||||
23 | offices,
or of his places of business; the routes | ||||||
24 | traversed and whether regular or
irregular routes are | ||||||
25 | traversed, and the jurisdictions traversed and served;
| ||||||
26 | and such other factors as may be deemed material by the |
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| |||||||
1 | Secretary and the
motor vehicle administrators of the | ||||||
2 | other jurisdictions involved in such
apportionment, | ||||||
3 | and such vehicles shall likewise be entitled to | ||||||
4 | reciprocal
exemptions, benefits and privileges.
| ||||||
5 | (d) Such agreements or arrangements shall also | ||||||
6 | provide that vehicles being
operated in intrastate | ||||||
7 | commerce in Illinois shall comply with the | ||||||
8 | registration
and licensing laws of this State, except | ||||||
9 | that vehicles which are part of
an apportioned fleet | ||||||
10 | may conduct an intrastate operation incidental to | ||||||
11 | their
interstate operations. Any motor vehicle | ||||||
12 | properly registered and qualified
under any reciprocal | ||||||
13 | agreement or arrangement under this Code and not having
| ||||||
14 | a situs or base within Illinois may complete the | ||||||
15 | inbound movement of a trailer
or semitrailer to an | ||||||
16 | Illinois destination that was brought into Illinois
by | ||||||
17 | a motor vehicle also properly registered and qualified | ||||||
18 | under this Code
and not having a situs or base within | ||||||
19 | Illinois, or may complete an outbound
movement of a | ||||||
20 | trailer or semitrailer to an out-of-state destination | ||||||
21 | that
was originated in Illinois by a motor vehicle also | ||||||
22 | properly registered and
qualified under this Code and | ||||||
23 | not having a situs or base in Illinois, only
if the | ||||||
24 | operator thereof did not break bulk of the cargo laden | ||||||
25 | in such
inbound or outbound trailer or semitrailer. | ||||||
26 | Adding or unloading intrastate
cargo on such inbound or |
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| |||||||
1 | outbound trailer or semitrailer shall be deemed
as | ||||||
2 | breaking bulk.
| ||||||
3 | (e) Such agreements or arrangements may also | ||||||
4 | provide for the determination
of the proper State in | ||||||
5 | which leased vehicles shall be registered based on
the | ||||||
6 | factors set out in subsection (c) above and for | ||||||
7 | apportionment of
registration of fleets of leased | ||||||
8 | vehicles by the lessee or by the lessor
who leases such | ||||||
9 | vehicles to persons who are not fleet operators.
| ||||||
10 | (f) Such agreements or arrangements may also | ||||||
11 | include reciprocal
exemptions, benefits or privileges | ||||||
12 | accruing under The Illinois Driver
Licensing Law or The | ||||||
13 | Driver License Compact.
| ||||||
14 | (4) The Secretary of State is further authorized to | ||||||
15 | examine the laws
and requirements of other jurisdictions, | ||||||
16 | and, in the absence of a written
agreement or arrangement, | ||||||
17 | to issue a written declaration of the extent and
nature of | ||||||
18 | the exemptions, benefits and privileges accorded to | ||||||
19 | vehicles of
this State by such other jurisdictions, and the | ||||||
20 | extent and nature of reciprocal
exemptions, benefits and | ||||||
21 | privileges thereby accorded by this State to the
vehicles | ||||||
22 | of such other jurisdictions. A declaration by the Secretary | ||||||
23 | of
State may include any, part or all reciprocal | ||||||
24 | exemptions, benefits and
privileges or provisions as may be | ||||||
25 | included within an agreement or arrangement.
| ||||||
26 | (5) All agreements, arrangements, declarations and |
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| |||||||
1 | amendments thereto,
shall be in writing and become | ||||||
2 | effective when signed by the Secretary of
State, and copies | ||||||
3 | of all such documents shall be available to the public upon | ||||||
4 | request.
| ||||||
5 | (6) The Secretary of State is further authorized to | ||||||
6 | require the display
by foreign registered trucks, | ||||||
7 | truck-tractors and buses, entitled to reciprocal
benefits, | ||||||
8 | exemptions or privileges hereunder, a reciprocity permit | ||||||
9 | for
external display before any such reciprocal benefits, | ||||||
10 | exemptions or privileges
are granted. The Secretary of | ||||||
11 | State shall provide suitable application forms
for such | ||||||
12 | permit and shall promulgate and publish reasonable rules | ||||||
13 | and
regulations for the administration and enforcement of | ||||||
14 | the provisions of
this Code including a provision for | ||||||
15 | revocation of such permit as to any
vehicle operated | ||||||
16 | wilfully in violation of the terms of any reciprocal
| ||||||
17 | agreement, arrangement or declaration or in violation
of | ||||||
18 | the Illinois Motor Carrier of Property Law, as amended.
| ||||||
19 | (7) (a) Upon the suspension, revocation or denial of | ||||||
20 | one or more of all
reciprocal benefits, privileges and | ||||||
21 | exemptions existing pursuant to the
terms and | ||||||
22 | provisions of this Code or by virtue of a reciprocal | ||||||
23 | agreement
or arrangement or declaration thereunder; | ||||||
24 | or, upon the suspension, revocation
or denial of a | ||||||
25 | reciprocity permit; or, upon any action or inaction of | ||||||
26 | the
Secretary in the administration and enforcement of |
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| |||||||
1 | the provisions of this
Code, any person, resident or | ||||||
2 | nonresident, so aggrieved, may serve upon
the | ||||||
3 | Secretary, a petition in writing and under oath, | ||||||
4 | setting forth the
grievance of the petitioner, the | ||||||
5 | grounds and basis for the relief sought,
and all | ||||||
6 | necessary facts and particulars, and request an | ||||||
7 | administrative
hearing thereon. Within 20 days, the | ||||||
8 | Secretary shall set a hearing date as
early as | ||||||
9 | practical. The Secretary may, in his discretion, | ||||||
10 | supply forms for
such a petition.
The Secretary may | ||||||
11 | require the payment of a fee of not more than $50 for | ||||||
12 | the
filing of any petition, motion, or request for | ||||||
13 | hearing conducted pursuant to
this Section. These fees | ||||||
14 | must be deposited into the Secretary of State DUI
| ||||||
15 | Administration Fund, a special fund that is hereby | ||||||
16 | created in the State
treasury, and, subject
to | ||||||
17 | appropriation and as directed by the Secretary of | ||||||
18 | State, shall be used to
fund
the operation of the | ||||||
19 | hearings department of the Office of the Secretary of
| ||||||
20 | State
and for no other purpose. The
Secretary shall | ||||||
21 | establish by rule the amount and the procedures, terms, | ||||||
22 | and
conditions relating to these fees.
| ||||||
23 | (b) The Secretary may likewise, in his discretion | ||||||
24 | and upon his own
petition,
order a hearing, when in his | ||||||
25 | best judgment, any person is not entitled to
the | ||||||
26 | reciprocal benefits, privileges and exemptions |
| |||||||
| |||||||
1 | existing pursuant to
the terms and provisions of this | ||||||
2 | Code or under a reciprocal agreement or
arrangement or | ||||||
3 | declaration thereunder or that a vehicle owned or | ||||||
4 | operated
by such person is improperly registered or | ||||||
5 | licensed, or that an Illinois
resident has improperly | ||||||
6 | registered or licensed a vehicle in another
| ||||||
7 | jurisdiction for the purposes of violating or avoiding | ||||||
8 | the registration
laws of this State.
| ||||||
9 | (c) The Secretary shall notify a petitioner or any | ||||||
10 | other person involved
of such a hearing, by giving at | ||||||
11 | least 10 days notice, in writing, by U.S.
Mail, | ||||||
12 | Registered or Certified, or by personal service, at the | ||||||
13 | last known
address of such petitioner or person, | ||||||
14 | specifying the time and place of such
hearing. Such | ||||||
15 | hearing shall be held before the Secretary, or any | ||||||
16 | person
as he may designate, and unless the parties | ||||||
17 | mutually agree to some other
county in Illinois, the | ||||||
18 | hearing shall be held in the County of Sangamon
or the | ||||||
19 | County of Cook. Appropriate records of the hearing | ||||||
20 | shall be kept,
and the Secretary shall issue or cause | ||||||
21 | to be issued, his decision on the
case, within 30 days | ||||||
22 | after the close of such hearing or within 30 days after
| ||||||
23 | receipt of the transcript thereof, and a copy shall | ||||||
24 | likewise be served or
mailed to the petitioner or | ||||||
25 | person involved.
| ||||||
26 | (d) The actions or inactions or determinations, or |
| |||||||
| |||||||
1 | findings and decisions
upon an administrative hearing, | ||||||
2 | of the Secretary, shall be subject to judicial
review | ||||||
3 | in the Circuit Court of the County of Sangamon or the | ||||||
4 | County of Cook,
and the provisions of the | ||||||
5 | Administrative Review Law,
and all amendments and | ||||||
6 | modifications thereof and rules adopted pursuant
| ||||||
7 | thereto, apply to and govern all such reviewable | ||||||
8 | matters.
| ||||||
9 | Any reciprocal agreements or arrangements entered | ||||||
10 | into by the Secretary
of State or any declarations | ||||||
11 | issued by the Secretary of State pursuant to
any law in | ||||||
12 | effect prior to the effective date of this Code are not | ||||||
13 | hereby
abrogated, and such shall continue in force and | ||||||
14 | effect until amended pursuant
to the provisions of this | ||||||
15 | Code or expire pursuant to the terms or provisions
| ||||||
16 | thereof.
| ||||||
17 | (Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
| ||||||
18 | (625 ILCS 5/3-601) (from Ch. 95 1/2, par. 3-601)
| ||||||
19 | Sec. 3-601. Operation of vehicles under special plates.
| ||||||
20 | (a) A manufacturer owning any unregistered vehicle of a | ||||||
21 | type otherwise
required to be registered under this Act may | ||||||
22 | operate or move such upon the
highways without registering each | ||||||
23 | such vehicle upon condition that any such
vehicle display | ||||||
24 | thereon, a special plate or plates issued to such owner as
| ||||||
25 | provided in this Article.
|
| |||||||
| |||||||
1 | (b) A dealer owning any unregistered vehicle of a type | ||||||
2 | otherwise
required to be registered under this Act and held by | ||||||
3 | him for sale or
resale, may operate or move such upon the | ||||||
4 | highways without registering each
such vehicle upon condition | ||||||
5 | that any such vehicle display thereon a special
plate or plates | ||||||
6 | issued to such owner as provided in this Article.
| ||||||
7 | (c) A transporter may operate or move any vehicle not owned | ||||||
8 | by him upon
the highways by the driveaway or towaway methods | ||||||
9 | solely for the purpose of
delivery upon likewise displaying | ||||||
10 | thereon like plates issued to him as
provided in this Article.
| ||||||
11 | (d) (Blank). A boat dealer owning any boat trailer of a | ||||||
12 | type otherwise required
to be registered under this Act may | ||||||
13 | operate or move such upon the highways
and haul a boat | ||||||
14 | customarily sold with such boat trailer, without
registering | ||||||
15 | each such boat trailer upon condition that any such boat
| ||||||
16 | trailer display thereon, in the manner prescribed in Section | ||||||
17 | 3-413, a
special plate or plates issued to such owner as | ||||||
18 | provided in this Article.
| ||||||
19 | (e) Any person owning unregistered vehicles of a type | ||||||
20 | required to be
registered and which are exclusively operated | ||||||
21 | off the highways and upon
private property, may move such | ||||||
22 | vehicles from one plant location to another
upon the highways | ||||||
23 | without registering each such vehicle upon conditions
that any | ||||||
24 | such vehicle display thereon a special plate or plates issued | ||||||
25 | to
such persons as provided in this Article. Such vehicles must | ||||||
26 | be unladen and
may not be operated upon any highways with such |
| |||||||
| |||||||
1 | special plates except for
the interplant movement.
| ||||||
2 | (f) Any person owning a vehicle of a type required to be | ||||||
3 | registered
which when purchased is not yet equipped for work or | ||||||
4 | service, may move such
vehicle from the point of original | ||||||
5 | manufacture or sale to a body shop or
other place where the | ||||||
6 | vehicle is to be equipped for work or service and
from such | ||||||
7 | point to the owner's place of business without first | ||||||
8 | registering
each such vehicle upon condition that any such | ||||||
9 | vehicle display thereon a
special plate or plates issued to | ||||||
10 | such person as provided in this Article.
Upon completion of | ||||||
11 | such movement, any such vehicle subject to registration
must be | ||||||
12 | properly registered.
| ||||||
13 | (g) Special plates issued under this Article must be | ||||||
14 | displayed in the
manner provided for in Section 3-413.
| ||||||
15 | (h) Any such vehicle bearing such special plate or plates | ||||||
16 | may be
operated without registration for any purpose, except | ||||||
17 | that no such special
plate or plates shall be used on any | ||||||
18 | vehicle which is rented by the
manufacturer or dealer to | ||||||
19 | another person or which is used to transport
passengers or | ||||||
20 | property for hire, nor, except as provided in paragraph (i)
of | ||||||
21 | this Section, shall any such special plate or plates be used on | ||||||
22 | a second
division vehicle which is carrying cargo or | ||||||
23 | merchandise except in
demonstrating such second division | ||||||
24 | vehicle for the purposes of sale, or for
the purpose of testing | ||||||
25 | engine and driveline components.
| ||||||
26 | (i) The provisions of this Article authorizing special |
| ||||||||||||
| ||||||||||||
1 | plates shall not
apply to work or service vehicles owned by a | |||||||||||
2 | manufacturer, transporter or
dealer except a truck up to 8,000 | |||||||||||
3 | pounds gross weight owned by a dealer and
used for hauling | |||||||||||
4 | parts incidental to the operation of the dealer's
business.
| |||||||||||
5 | (j) The Secretary of State may limit the number of special | |||||||||||
6 | plates issued
to any applicant.
| |||||||||||
7 | (Source: P.A. 78-753; 78-1297.)
| |||||||||||
8 | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| |||||||||||
9 | Sec. 3-819. Trailer; Flat weight tax.
| |||||||||||
10 | (a) Farm Trailer. Any farm trailer drawn by a motor vehicle | |||||||||||
11 | of the
second division registered under paragraph (a) or (c) of | |||||||||||
12 | Section 3-815 and
used exclusively by the owner for his own | |||||||||||
13 | agricultural, horticultural or
livestock raising operations | |||||||||||
14 | and not used for hire, or any farm trailer
utilized only in the | |||||||||||
15 | transportation for-hire of seasonal, fresh, perishable
fruit | |||||||||||
16 | or vegetables from farm to the point of first processing, and | |||||||||||
17 | any
trailer used with a farm tractor that is not an implement | |||||||||||
18 | of husbandry may
be registered under this paragraph in lieu of | |||||||||||
19 | registration under paragraph
(b) of this Section upon the | |||||||||||
20 | filing of a proper application and the payment
of the $10 | |||||||||||
21 | registration fee and the highway use tax herein for use of the
| |||||||||||
22 | public highways of this State, at the following rates which | |||||||||||
23 | include the $10
registration fee:
| |||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
8 | An owner may only apply for and receive two farm trailer
| ||||||||||||||||||||||||||||||||||||||||||||||
9 | registrations.
| ||||||||||||||||||||||||||||||||||||||||||||||
10 | (b) All other owners of trailers, other than apportionable | ||||||||||||||||||||||||||||||||||||||||||||||
11 | trailers
registered under Section 3-402.1 of this Code and boat | ||||||||||||||||||||||||||||||||||||||||||||||
12 | trailers registered under Section 3-15 of the Boat Registration | ||||||||||||||||||||||||||||||||||||||||||||||
13 | and Safety Act , used with a motor vehicle on
the public | ||||||||||||||||||||||||||||||||||||||||||||||
14 | highways, shall pay to the Secretary of State for each
| ||||||||||||||||||||||||||||||||||||||||||||||
15 | registration year a flat weight tax, for the use of the public | ||||||||||||||||||||||||||||||||||||||||||||||
16 | highways
of this State, at the following rates (which includes | ||||||||||||||||||||||||||||||||||||||||||||||
17 | the registration
fee of $10 required by Section 3-813):
| ||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
7 | (c) The number of axles necessary to carry the maximum load | |||||||||||||||||||||||||||||||
8 | provided
shall be determined from Chapter 15 of this Code.
| |||||||||||||||||||||||||||||||
9 | (Source: P.A. 96-328, eff. 8-11-09.)
| |||||||||||||||||||||||||||||||
10 | Section 10. The Boat Registration and Safety Act is amended | |||||||||||||||||||||||||||||||
11 | by changing Sections 1-2, 3-4, 3-5, 3A-1, 3A-3, 3A-4, 3A-5, | |||||||||||||||||||||||||||||||
12 | 3A-6, 3A-7, 3A-10, 3A-12, 3A-15, 3A-17, 3A-18, 3A-19, 3A-20, | |||||||||||||||||||||||||||||||
13 | and 3A-21 and the headings of Article III and Article IIIA and | |||||||||||||||||||||||||||||||
14 | by adding Sections 3-15, 3-16, and 3-17 as follows:
| |||||||||||||||||||||||||||||||
15 | (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
| |||||||||||||||||||||||||||||||
16 | Sec. 1-2. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||||||
17 | context clearly
requires a different meaning:
| |||||||||||||||||||||||||||||||
18 | "Boat trailer" has the meaning ascribed to that term by the | |||||||||||||||||||||||||||||||
19 | Illinois Vehicle Code. | |||||||||||||||||||||||||||||||
20 | "Vessel" or "Watercraft" means every description of | |||||||||||||||||||||||||||||||
21 | watercraft used or
capable of being used as a means of | |||||||||||||||||||||||||||||||
22 | transportation on water, except a
seaplane on the water, | |||||||||||||||||||||||||||||||
23 | innertube, air mattress or similar device, and boats
used for | |||||||||||||||||||||||||||||||
24 | concession rides in artificial bodies of water designed and |
| |||||||
| |||||||
1 | used
exclusively for such concessions.
| ||||||
2 | "Motorboat" means any vessel propelled by machinery, | ||||||
3 | whether or not such
machinery is the principal source of | ||||||
4 | propulsion, but does not include a
vessel which has a valid | ||||||
5 | marine document issued by the Bureau of Customs of
the United | ||||||
6 | States Government or any Federal agency successor thereto.
| ||||||
7 | "Sailboat" means any watercraft propelled by sail or | ||||||
8 | canvas, including
sailboards. For the purposes of this Act, any | ||||||
9 | watercraft propelled by both
sail or canvas and machinery of | ||||||
10 | any sort shall be deemed a motorboat when
being so propelled.
| ||||||
11 | "Airboat" means any boat (but not including airplanes or | ||||||
12 | hydroplanes)
propelled by machinery applying force against the | ||||||
13 | air rather than the water
as a means of propulsion.
| ||||||
14 | "Lifeboat" means a small boat kept on board a larger boat | ||||||
15 | for use in
emergency.
| ||||||
16 | "Owner" means a person, other than lien holder, having | ||||||
17 | title to a
motorboat. The term includes a person entitled to | ||||||
18 | the use or possession of
a motorboat subject to an interest in | ||||||
19 | another person, reserved or created
by agreement and securing | ||||||
20 | payment of performance of an obligation, but the
term excludes | ||||||
21 | a lessee under a lease not intended as security.
| ||||||
22 | "Waters of this State" means any water within the | ||||||
23 | jurisdiction of this
State.
| ||||||
24 | "Person" means an individual, partnership, firm, | ||||||
25 | corporation,
association, or other entity.
| ||||||
26 | "Operate" means to navigate or otherwise use a motorboat or |
| |||||||
| |||||||
1 | vessel.
| ||||||
2 | "Department" means the Department of Natural Resources.
| ||||||
3 | "Competent" means capable of assisting a skier in case of | ||||||
4 | injury or
accident.
| ||||||
5 | "Personal flotation device" or "PFD" means a device that is | ||||||
6 | approved by
the Commandant, U.S. Coast Guard, under Part 160 of | ||||||
7 | Title 46 of the Code
of Federal Regulations.
| ||||||
8 | "Recreational boat" means any vessel manufactured or used | ||||||
9 | primarily for
noncommercial use; or leased, rented or chartered | ||||||
10 | to another for
noncommercial use.
| ||||||
11 | "Personal watercraft" means a vessel that uses an inboard | ||||||
12 | motor powering
a water jet pump as its primary source of motor | ||||||
13 | power and that is designed
to be operated by a person sitting, | ||||||
14 | standing, or kneeling on the vessel,
rather than the | ||||||
15 | conventional manner of sitting or standing inside the
vessel, | ||||||
16 | and includes vessels that are similar in appearance and | ||||||
17 | operation
but are powered by an outboard or propeller drive | ||||||
18 | motor.
| ||||||
19 | "Specialty prop-craft" means a vessel that is similar in | ||||||
20 | appearance and
operation to a personal watercraft but that is | ||||||
21 | powered by an outboard or
propeller driven motor.
| ||||||
22 | "Underway" applies to a vessel or watercraft at all times | ||||||
23 | except when it
is moored at a dock or anchorage area.
| ||||||
24 | "Use" applies to all vessels on the waters of this State, | ||||||
25 | whether moored
or underway.
| ||||||
26 | (Source: P.A. 89-445, eff. 2-7-96.)
|
| |||||||
| |||||||
1 | (625 ILCS 45/Art. III heading) | ||||||
2 | ARTICLE III. REGISTRATION OF MOTORBOATS AND
| ||||||
3 | SAILBOATS OVER 12 FEET IN LENGTH
| ||||||
4 | AND BOAT TRAILERS
| ||||||
5 | (625 ILCS 45/3-4) (from Ch. 95 1/2, par. 313-4)
| ||||||
6 | Sec. 3-4. Destruction, sale, transfer or abandonment. The | ||||||
7 | owner of any watercraft or boat trailer shall
within 15 days | ||||||
8 | notify the Department if the watercraft or boat trailer is
| ||||||
9 | destroyed or abandoned, or is sold or transferred either wholly | ||||||
10 | or in part
to another person or persons. In sale or transfer | ||||||
11 | cases, the notice shall be
accompanied by a surrender of the | ||||||
12 | certificate of number of a watercraft or the registration of | ||||||
13 | the boat trailer . In destruction or
abandonment cases, the | ||||||
14 | notice shall be accompanied by a surrender of the
certificate | ||||||
15 | of title. When the surrender
of the certificate is by reason of | ||||||
16 | the watercraft or boat trailer being
destroyed or abandoned, | ||||||
17 | the Department shall cancel the certificate and
enter such fact | ||||||
18 | in its records. | ||||||
19 | The Department shall be notified in writing
of any change | ||||||
20 | of address. Should the owner desire a new certificate of
number | ||||||
21 | for a watercraft , showing the new address, he shall surrender | ||||||
22 | his old certificate and
notify the Department of the new | ||||||
23 | address, remitting $1 to cover the
issuance of a new | ||||||
24 | certificate of number. If the surrender is by reason of a
sale |
| |||||||
| |||||||
1 | or transfer either wholly or in part to another person or | ||||||
2 | persons, the
owner surrendering the certificate of number shall | ||||||
3 | state to the Department, under
oath, the name of the purchaser | ||||||
4 | or transferee.
| ||||||
5 | (Source: P.A. 85-149.)
| ||||||
6 | (625 ILCS 45/3-5) (from Ch. 95 1/2, par. 313-5)
| ||||||
7 | Sec. 3-5. Transfer of Identification Number. The purchaser | ||||||
8 | of a watercraft or boat trailer
shall, within 15 days after | ||||||
9 | acquiring same, make application to the Department
for transfer | ||||||
10 | to him of the certificate of number issued to the watercraft or | ||||||
11 | the license plates issued for a boat trailer
giving his name, | ||||||
12 | address and the number of the watercraft or boat trailer boat . | ||||||
13 | The purchaser of a watercraft shall apply
for a | ||||||
14 | transfer-renewal for a fee as prescribed under Section 3-2 of | ||||||
15 | this Act
for approximately 3 years. The purchaser of a boat | ||||||
16 | trailer shall apply
for a renewal of a boat trailer | ||||||
17 | registration under subsection (j) of Section 3-15 of this Act | ||||||
18 | for approximately 3 years. All watercraft transfers will bear | ||||||
19 | June 30 expiration dates in
the calendar year of expiration. | ||||||
20 | Upon receipt of the application and fee,
together with proof | ||||||
21 | that any tax imposed under the Municipal Use Tax Act
or County | ||||||
22 | Use Tax Act has been paid or that no such tax is owed, the | ||||||
23 | Department
shall transfer the certificate of number issued to | ||||||
24 | the watercraft or the license plates issued to a boat trailer | ||||||
25 | to the new
owner.
|
| |||||||
| |||||||
1 | Unless the application is made and fee paid, and proof of | ||||||
2 | payment of
municipal use tax or county use tax or nonliability | ||||||
3 | therefor is made,
within 30 days, the watercraft shall be | ||||||
4 | deemed to be without certificate of
number , the boat trailer | ||||||
5 | shall be deemed to be without registration, and it shall be | ||||||
6 | unlawful for any person to operate the watercraft or boat | ||||||
7 | trailer until
the certificate is issued.
| ||||||
8 | (Source: P.A. 87-1109.)
| ||||||
9 | (625 ILCS 45/3-15 new) | ||||||
10 | Sec. 3-15. Registration cards and plates issued for boat | ||||||
11 | trailers. | ||||||
12 | (a) Every boat trailer, when driven or moved upon a | ||||||
13 | highway, shall be subject to the registration and certificate | ||||||
14 | of title provisions of this Article. | ||||||
15 | (b) It shall be unlawful for any person to drive or move or | ||||||
16 | for an owner knowingly to permit to be driven or moved upon any | ||||||
17 | highway any boat trailer required to be registered hereunder | ||||||
18 | which is not registered or for which the appropriate fee has | ||||||
19 | not been paid when and as required hereunder, except that when | ||||||
20 | application accompanied by proper fee has been made for | ||||||
21 | registration of a boat trailer it may be operated temporarily | ||||||
22 | pending complete registration upon displaying a duplicate | ||||||
23 | application duly verified or other evidence of such application | ||||||
24 | or otherwise under rules and regulations promulgated by the | ||||||
25 | Secretary of State. |
| |||||||
| |||||||
1 | (c) Every owner of a boat trailer subject to registration | ||||||
2 | under this Section shall make application to the Department for | ||||||
3 | the registration of such boat trailer upon the appropriate form | ||||||
4 | or forms furnished by the Department. When such application | ||||||
5 | refers to a new boat trailer purchased from a dealer the | ||||||
6 | application shall be accompanied by a Manufacturer's Statement | ||||||
7 | of Origin from the dealer, and a statement showing any lien | ||||||
8 | retained by the dealer. | ||||||
9 | (d) The Department shall refuse registration or any | ||||||
10 | transfer of registration upon any of the following grounds: | ||||||
11 | (1) That the application contains any false or
| ||||||
12 | fraudulent statement or that the applicant has failed to | ||||||
13 | furnish required information or reasonable additional | ||||||
14 | information requested by the Secretary of State or that the | ||||||
15 | applicant is not entitled to the issuance of a certificate | ||||||
16 | of title or registration of the boat trailer; | ||||||
17 | (2) That the Department has reasonable ground
to | ||||||
18 | believe that the boat trailer is a stolen or embezzled | ||||||
19 | vehicle or that the granting of registration would | ||||||
20 | constitute a fraud against the rightful owner or other | ||||||
21 | person having valid lien upon such vehicle; | ||||||
22 | (3) That the required fee has not been paid; or | ||||||
23 | (4) That the applicant is 90 days or more delinquent
in | ||||||
24 | court ordered child support payments or has been | ||||||
25 | adjudicated in arrears in an amount equal to 90 days' | ||||||
26 | obligation or more and has been found in contempt of court |
| |||||||
| |||||||
1 | for failure to pay the support, subject to the requirements | ||||||
2 | and procedures of Article VII of Chapter 7 of the Illinois | ||||||
3 | Vehicle Code. | ||||||
4 | (e) The Department, upon registering a boat trailer, shall | ||||||
5 | issue a registration card. The registration card shall be | ||||||
6 | delivered to the owner and shall contain upon the face thereof | ||||||
7 | the date issued, the name and address of the owner, the | ||||||
8 | registration number assigned to the boat trailer, and such | ||||||
9 | description of the vehicle as determined by the Department. | ||||||
10 | (f) Every registration card for a boat trailer shall at all | ||||||
11 | times be carried in the motor vehicle that is towing the boat | ||||||
12 | trailer or shall be carried by the person driving or in control | ||||||
13 | of such vehicle who shall display the same upon demand of a | ||||||
14 | police officer or any officer or employee of the Department.
| ||||||
15 | This subsection shall not apply when such card is used for the | ||||||
16 | purpose of making application for renewal of registration or | ||||||
17 | upon a transfer of registration of the boat trailer. | ||||||
18 | (g) The Department upon registering a boat trailer subject | ||||||
19 | to a 3-year registration for the first time shall issue or | ||||||
20 | shall cause to be issued to the owner one registration plate | ||||||
21 | for a boat trailer. On subsequent 3-year registrations during | ||||||
22 | the term of the registration plate as provided in subsection | ||||||
23 | (i) of this Section, the Department shall issue or cause to be | ||||||
24 | issued registration stickers as evidence of current | ||||||
25 | registration. Every registration plate shall have displayed | ||||||
26 | upon it the registration number assigned to the boat trailer |
| |||||||
| |||||||
1 | for which it is issued, the name of this State, which may be | ||||||
2 | abbreviated, the year number for which it was issued, which may | ||||||
3 | be abbreviated, the phrase "Land of Lincoln", and such other | ||||||
4 | letters or numbers as the Department may prescribe. | ||||||
5 | (h) Registration plates issued for a boat trailer required | ||||||
6 | to be registered under this Section shall be attached to the | ||||||
7 | rear thereof. | ||||||
8 | (i) Every boat trailer registration under this Section and | ||||||
9 | every registration card and registration plate or registration | ||||||
10 | sticker issued under this Section for a boat trailer shall be | ||||||
11 | for the periods specified in this Section and shall expire at | ||||||
12 | midnight on the day and date specified in this Section as | ||||||
13 | follows:
when registered on a 3 calendar year basis
commencing | ||||||
14 | January 1 of the first year, expiration shall be on the 31st | ||||||
15 | day of December of the third year, or at such other later date | ||||||
16 | as may be selected in the discretion of the Department. | ||||||
17 | (j) Application for renewal of a boat trailer registration | ||||||
18 | shall be made by the owner not later than December 1 of the | ||||||
19 | year preceding commencement of the 3-year registration period. | ||||||
20 | Application for renewal of a boat trailer registration shall be | ||||||
21 | made by the owner in the form and manner prescribed by the | ||||||
22 | Department. The Department may receive applications for | ||||||
23 | renewal of registration and grant the same and issue new | ||||||
24 | registration cards and plates or registration stickers at any | ||||||
25 | time prior to expiration of registration. No person shall | ||||||
26 | display upon a vehicle, the new registration plates or |
| |||||||
| |||||||
1 | registration stickers prior to the dates the Department, in his | ||||||
2 | discretion, may select. | ||||||
3 | (k) Whenever any person after making application for or | ||||||
4 | obtaining the registration of a boat trailer shall move from | ||||||
5 | the address named in the application or shown upon a | ||||||
6 | registration card such person shall, within 10 days thereafter, | ||||||
7 | notify the Department of his or her old and new address. | ||||||
8 | Whenever the name of any person who has made application for or | ||||||
9 | obtained the registration of a boat trailer is thereafter | ||||||
10 | changed by marriage or otherwise such person shall within 10 | ||||||
11 | days notify the Department of such former and new name. In | ||||||
12 | either event, any such person may obtain a corrected | ||||||
13 | registration card or certificate of title upon application and | ||||||
14 | payment of the statutory fee. | ||||||
15 | (l) In the event any registration card, plate, registration | ||||||
16 | sticker or other Illinois evidence of proper registration of a | ||||||
17 | boat trailer is lost, mutilated or becomes illegible, the owner | ||||||
18 | or legal representative or successor in interest of the owner | ||||||
19 | of the boat trailer for which the same was issued as shown by | ||||||
20 | the records of the Department shall immediately make | ||||||
21 | application for and may obtain a duplicate under a new | ||||||
22 | registration card, plate, registration sticker or other | ||||||
23 | Illinois evidence of proper registration.
In the event any | ||||||
24 | registration card, plate, registration sticker or other | ||||||
25 | Illinois evidence of proper registration is stolen from the | ||||||
26 | owner, the owner or legal representative or successor in |
| |||||||
| |||||||
1 | interest of the owner of the boat trailer shall promptly notify | ||||||
2 | the Department, and in order to comply with subsection (h) of | ||||||
3 | this Section, the owner shall make application for and obtain a | ||||||
4 | duplicate registration card, plate, registration sticker or | ||||||
5 | other Illinois evidence of proper registration.
The Department | ||||||
6 | may, if advisable, issue a substitute or new registration | ||||||
7 | number in lieu of issuing a duplicate.
An applicant for a | ||||||
8 | duplicate shall furnish information satisfactory to and | ||||||
9 | prescribed by the Department, and he shall forward with the | ||||||
10 | application, the fees prescribed by law. | ||||||
11 | (m) Every natural person shall have the right of | ||||||
12 | reassignment of the license plate number issued to him for a | ||||||
13 | three-year registration, for the ensuing three-year period. | ||||||
14 | The application for reassignment must be received by the | ||||||
15 | Department on or before September 30th of the year preceding | ||||||
16 | commencement of the three-year period. | ||||||
17 | (n) Notwithstanding subsection (m) of this Section, the | ||||||
18 | Department shall, subject to the existing right of | ||||||
19 | reassignment, have the authority to designate new specific | ||||||
20 | combinations of numerical, alpha-numerical, and | ||||||
21 | numerical-alpha licenses for boat registered under this | ||||||
22 | Section. The new combinations so specified shall not be subject | ||||||
23 | to the right of reassignment, and no right of reassignment | ||||||
24 | thereto may at any future time be acquired. | ||||||
25 | (o) All boat trailers registered under this Section are | ||||||
26 | subject to the equipment requirements applicable to trailers in |
| |||||||
| |||||||
1 | Article 12 of the Illinois Vehicle Code. | ||||||
2 | (p) The number of axles necessary to carry the maximum load | ||||||
3 | provided
shall be determined from Chapter 15 of the Illinois | ||||||
4 | Vehicle Code. | ||||||
5 | (r) Boat trailers registered under this Section are subject | ||||||
6 | to all provisions of the Illinois Vehicle Code applicable to | ||||||
7 | other types of trailers, except for the registration and | ||||||
8 | certificate of title requirements of the Illinois Vehicle Code. | ||||||
9 | (r) A boat dealer owning any boat trailer of a type | ||||||
10 | otherwise required
to be registered under this Act may operate | ||||||
11 | or move such upon the highways
and haul a boat customarily sold | ||||||
12 | with such boat trailer, without
registering each such boat | ||||||
13 | trailer upon condition that any such boat
trailer display | ||||||
14 | thereon, in accordance with subsection (h) of this Section, a
| ||||||
15 | special dealer plate issued to such owner as provided in | ||||||
16 | Article VI of the Illinois Vehicle Code. | ||||||
17 | (625 ILCS 45/3-16 new) | ||||||
18 | Sec. 3-16. Temporary permit or registration pending | ||||||
19 | registration. | ||||||
20 | (a) Temporary Permit. The Department, in his discretion, | ||||||
21 | may grant a temporary permit or placard to operate a boat | ||||||
22 | trailer for which application for registration and certificate | ||||||
23 | of title has been made where such application is accompanied by | ||||||
24 | the proper fee, pending action upon said application by the | ||||||
25 | Department. In lieu of payment of the proper fee, the |
| |||||||||||||||||
| |||||||||||||||||
1 | Department may accept a bond therefor or a certificate of | ||||||||||||||||
2 | deposit, in the proper amount, and in the same form and subject | ||||||||||||||||
3 | to the same requirements as the payment of such fees or taxes | ||||||||||||||||
4 | on an installment basis, except that the fees or taxes due | ||||||||||||||||
5 | shall be payable and paid to the Department. The design, color | ||||||||||||||||
6 | and format of the temporary permit or placard shall be wholly | ||||||||||||||||
7 | within the discretion of the Department. | ||||||||||||||||
8 | (b) Temporary Registration. The Department, in his | ||||||||||||||||
9 | discretion, may issue registration plates to an owner for which | ||||||||||||||||
10 | application and certificate of title has been made where such | ||||||||||||||||
11 | application is accompanied by the proper fee and tax, pending | ||||||||||||||||
12 | completion of the said application by the applicant and the | ||||||||||||||||
13 | Department, subject however to rules and regulations | ||||||||||||||||
14 | promulgated by the Department. | ||||||||||||||||
15 | (c) Revocation. A temporary permit or registration is subject | ||||||||||||||||
16 | to revocation to the same extent as any other registration. | ||||||||||||||||
17 | (625 ILCS 45/3-17 new) | ||||||||||||||||
18 | Sec. 3-17. Boat trailer; Flat weight tax. | ||||||||||||||||
19 | (a) All other owners of boat trailers used with a motor | ||||||||||||||||
20 | vehicle on
the public highways shall pay to the Department for | ||||||||||||||||
21 | each
registration year a flat weight tax, for the use of the | ||||||||||||||||
22 | public highways
of this State, at the following rates: | ||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (625 ILCS 45/Art. IIIA heading) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | ARTICLE IIIA. CERTIFICATE OF TITLE, MOTORBOATS AND
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | SAILBOATS OVER 12 FEET IN LENGTH
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | AND BOAT TRAILERS
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Sec. 3A-1. Certificate of title required.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (a) Every owner of a watercraft required to be numbered by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | this State or a boat trailer required to be registered by this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Act and
for which no certificate of title has been issued by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | the Department of
Natural Resources shall make application to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | the Department
of Natural Resources for a certificate of title | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | either
before or at the same time he next applies for issuance, |
| |||||||
| |||||||
1 | transfer or renewal of
a certificate of number. All watercraft | ||||||
2 | and boat trailers already covered by a number in full
force and | ||||||
3 | effect which has been awarded to it pursuant to Federal law is | ||||||
4 | exempt
from titling requirements in this Act.
| ||||||
5 | (b) The Department shall not issue, transfer or renew a | ||||||
6 | certificate of
number unless a certificate of title has been | ||||||
7 | issued by the Department of
Natural Resources or an application | ||||||
8 | for a certificate of
title has been delivered to the | ||||||
9 | Department.
| ||||||
10 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
11 | (625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
| ||||||
12 | Sec. 3A-3. Application for first certificate of title.
| ||||||
13 | (a) The application for the first certificate of title in
| ||||||
14 | this State must be made by the owner to the Department of | ||||||
15 | Natural Resources on
the form prescribed and must contain:
| ||||||
16 | 1. The name, residence and mail address of the owner;
| ||||||
17 | 2. A description of the watercraft or boat trailer so | ||||||
18 | far as the following data
exists: Its make, model, year of | ||||||
19 | manufacture, manufacturer's serial number
or builder's | ||||||
20 | hull number, length and principal material used in | ||||||
21 | construction;
| ||||||
22 | 3. The date of purchase by applicant, the name and | ||||||
23 | address of the person
from whom the watercraft or boat | ||||||
24 | trailer was acquired and the names and addresses of any
| ||||||
25 | lienholders in the order of their priority and the dates of |
| |||||||
| |||||||
1 | their security
agreements; and
| ||||||
2 | 4. Any further information the Department of Natural | ||||||
3 | Resources
reasonably requires to identify the watercraft | ||||||
4 | and to enable the Department
to determine whether the owner | ||||||
5 | is entitled to a certificate of title and
the existence or | ||||||
6 | nonexistence of security interests in the watercraft or | ||||||
7 | boat trailer .
| ||||||
8 | (b) If the application refers to a watercraft or boat | ||||||
9 | trailer purchased from a dealer, it
must contain the name and | ||||||
10 | address of any lienholder holding a security
interest created | ||||||
11 | or reserved at the time of the sale and the date of his
| ||||||
12 | security agreement and be signed by the dealer as well as the | ||||||
13 | owner, and
the dealer must within 15 days mail or deliver the | ||||||
14 | application to the
Department of Natural Resources.
| ||||||
15 | (c) If the application refers to a watercraft or boat | ||||||
16 | trailer last previously registered in
another State or country, | ||||||
17 | the application must contain or be accompanied
by:
| ||||||
18 | 1. Any certificate of title issued by the other State | ||||||
19 | or country;
and
| ||||||
20 | 2. Any other information and documents the Department | ||||||
21 | of Natural
Resources reasonably requires to establish | ||||||
22 | ownership and the
existence or nonexistence of security | ||||||
23 | interests.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
25 | (625 ILCS 45/3A-4) (from Ch. 95 1/2, par. 313A-4)
|
| |||||||
| |||||||
1 | Sec. 3A-4. Examination of records. The Department of | ||||||
2 | Natural Resources, upon
receiving application for a first | ||||||
3 | certificate of title,
shall check the identifying description | ||||||
4 | of the watercraft shown in the
application against the records | ||||||
5 | required to be
maintained by Section 3A-5 of this Article and | ||||||
6 | against the record of
stolen and converted watercraft or boat | ||||||
7 | trailer required to be maintained by Section
3A-6 of this | ||||||
8 | Article.
| ||||||
9 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
10 | (625 ILCS 45/3A-5) (from Ch. 95 1/2, par. 313A-5)
| ||||||
11 | Sec. 3A-5. Certificate of title - Issuance - Records.
| ||||||
12 | (a) The Department of Natural Resources shall file each
| ||||||
13 | application received and, when satisfied as to its genuineness | ||||||
14 | and regularity,
and that no tax imposed by the Use Tax Act
or | ||||||
15 | the Watercraft Use Tax Law is owed as evidenced by the
receipt | ||||||
16 | for payment or determination of exemption from the Department | ||||||
17 | of
Revenue provided for in Section 3A-3 of this Article, and | ||||||
18 | that the applicant is
entitled to the issuance of a certificate | ||||||
19 | of title, shall issue a certificate
of title.
| ||||||
20 | (b) The Department of Natural Resources shall maintain
a | ||||||
21 | record of all certificates of title issued under a distinctive | ||||||
22 | title number
assigned to the watercraft or boat trailer and, in | ||||||
23 | the discretion of the Department, in any other method | ||||||
24 | determined.
| ||||||
25 | (Source: P.A. 93-840, eff. 7-30-04.)
|
| |||||||
| |||||||
1 | (625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)
| ||||||
2 | Sec. 3A-6. Stolen and recovered watercraft or boat | ||||||
3 | trailers .
| ||||||
4 | (a) Every sheriff, superintendent of police, chief of | ||||||
5 | police or other
police officer in command of any police | ||||||
6 | department in any city, village or
town of the State shall, by | ||||||
7 | the fastest means of communications available
to his or her law | ||||||
8 | enforcement agency, immediately report to the Department
of | ||||||
9 | State Police the theft or recovery of any stolen or converted | ||||||
10 | watercraft or boat trailer
within his or her district or | ||||||
11 | jurisdiction. The report shall give the date
of theft, | ||||||
12 | description of the watercraft or boat trailer including color, | ||||||
13 | manufacturer's
trade name, manufacturer's series name, | ||||||
14 | identification number and
registration number, including the | ||||||
15 | state in which the registration number
was issued, together | ||||||
16 | with the name, residence address, business address,
and | ||||||
17 | telephone number of the owner. The report shall be routed by | ||||||
18 | the
originating law enforcement agency through the State Police | ||||||
19 | in a form and
manner prescribed by the Department of State | ||||||
20 | Police.
| ||||||
21 | (b) A registered owner or a lienholder may report the theft | ||||||
22 | by
conversion of a watercraft or boat trailer to the Department | ||||||
23 | of State Police or any other
police department or sheriff's | ||||||
24 | office. The report will be accepted as a
report of theft and | ||||||
25 | processed only if a formal complaint is on file and a
warrant |
| |||||||
| |||||||
1 | issued.
| ||||||
2 | (c) The Department of State Police shall keep a complete | ||||||
3 | record of all
reports filed under this Section. Upon receipt of | ||||||
4 | the report, a careful
search shall be made of the records of | ||||||
5 | the Department of State Police, and
where it is found that a | ||||||
6 | watercraft or boat trailer reported recovered was stolen in a
| ||||||
7 | county, city, village or town other than the county, city, | ||||||
8 | village or town
in which it is recovered, the recovering agency | ||||||
9 | shall notify the reporting
agency of the recovery in a form and | ||||||
10 | manner prescribed by the Department of
State Police.
| ||||||
11 | (d) Notification of the theft of a watercraft or boat | ||||||
12 | trailer will be furnished to the
Department of Natural | ||||||
13 | Resources by the Department of State
Police. The
Department of | ||||||
14 | Natural Resources shall place the proper
information in the | ||||||
15 | title
registration files and in the certificate of number files | ||||||
16 | to indicate the
theft of a watercraft or boat trailer . | ||||||
17 | Notification of the recovery of a watercraft
or boat trailer | ||||||
18 | previously reported as a theft or a conversion will be | ||||||
19 | furnished to the
Department of Natural Resources by the | ||||||
20 | Department of State
Police. The
Department of Natural Resources | ||||||
21 | shall remove the proper
information from the
certificate of | ||||||
22 | number and title registration files that has previously
| ||||||
23 | indicated the theft of a watercraft or boat trailer . The | ||||||
24 | Department of Natural Resources shall
suspend the certificate | ||||||
25 | of number of a watercraft upon receipt of a report
that the | ||||||
26 | watercraft was stolen and shall
suspend the registration of a |
| |||||||
| |||||||
1 | boat trailer upon receipt of a report
that the boat trailer was | ||||||
2 | stolen .
| ||||||
3 | (e) When the Department of Natural Resources receives
an | ||||||
4 | application for a
certificate of title , or an application for a | ||||||
5 | certificate
of number of a watercraft , or an application for | ||||||
6 | registration of a boat trailer and it is determined from the | ||||||
7 | records that
the watercraft or boat trailer has been reported | ||||||
8 | stolen, the Department of Natural
Resources,
Division of Law | ||||||
9 | Enforcement, shall immediately notify the State Police and
| ||||||
10 | shall give the State Police the name and address of the person | ||||||
11 | or firm
titling or registering the watercraft or boat trailer , | ||||||
12 | together with all other information
contained in the | ||||||
13 | application submitted by the person or firm.
| ||||||
14 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
15 | (625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)
| ||||||
16 | Sec. 3A-7. Contents and effect.
| ||||||
17 | (a) Each certificate of title issued by the Department of | ||||||
18 | Natural
Resources shall contain:
| ||||||
19 | 1. The date issued;
| ||||||
20 | 2. The name and address of the owner;
| ||||||
21 | 3. The names and addresses of any lienholders, in the | ||||||
22 | order of priority
as shown on the application or, if the | ||||||
23 | application is based on a
certificate of title, as shown on | ||||||
24 | the certificate;
| ||||||
25 | 4. The title number assigned to the watercraft or boat |
| |||||||
| |||||||
1 | trailer ;
| ||||||
2 | 5. A description of the watercraft or boat trailer | ||||||
3 | including, so far as the following data
exists: its make, | ||||||
4 | model, year of manufacture, registration number, and
| ||||||
5 | manufacturer's
serial number or, if none, the builder's | ||||||
6 | hull number, length, purchase date,
and the principal | ||||||
7 | material used in construction;
| ||||||
8 | 6. Any other data the Department of Natural Resources
| ||||||
9 | prescribes.
| ||||||
10 | (b) The certificate of title shall contain forms for | ||||||
11 | assignment and
warranty of title by the owner, and for | ||||||
12 | assignment and warranty of title by
a dealer, and may contain | ||||||
13 | forms for applications for a certificate of title
by a | ||||||
14 | transferee, the naming of a lienholder and the assignment or | ||||||
15 | release
of the security interest of a lienholder.
| ||||||
16 | (c) A certificate of title issued by the Department of | ||||||
17 | Natural Resources is
prima facie evidence of the facts | ||||||
18 | appearing on it.
| ||||||
19 | (d) A certificate of title is not subject to garnishment,
| ||||||
20 | attachment, execution or other judicial process, but this | ||||||
21 | subsection does
not prevent a lawful levy upon the watercraft | ||||||
22 | or boat trailer .
| ||||||
23 | (e) Any certificate of title issued by the Department of | ||||||
24 | Natural
Resources is subject
to a lien in favor of the State of | ||||||
25 | Illinois for any fees or taxes required
to be paid under this | ||||||
26 | Act and as have not been paid, as provided for in
this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
2 | (625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)
| ||||||
3 | Sec. 3A-10. Refusing certificate of title. The Department | ||||||
4 | of Natural
Resources shall refuse issuance of a certificate of | ||||||
5 | title
if any required fee is not paid or if he has reasonable | ||||||
6 | grounds to believe
that:
| ||||||
7 | (a) The applicant is not the owner of the watercraft or | ||||||
8 | boat trailer ;
| ||||||
9 | (b) The application contains a false or fraudulent | ||||||
10 | statement; or
| ||||||
11 | (c) The applicant fails to furnish required information or | ||||||
12 | documents or
any additional information the Department of | ||||||
13 | Natural Resources reasonably requires;
| ||||||
14 | (d) The applicant has not paid any fees or
taxes due under | ||||||
15 | this Act and have not been paid upon reasonable notice and
| ||||||
16 | demand.
| ||||||
17 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
18 | (625 ILCS 45/3A-12) (from Ch. 95 1/2, par. 313A-12)
| ||||||
19 | Sec. 3A-12. Transfer.
| ||||||
20 | (a) If an owner transfers his interest in a watercraft or | ||||||
21 | boat trailer other than by the
creation of a security interest, | ||||||
22 | he shall, at the time of the delivery,
execute an assignment | ||||||
23 | and warranty of title to the transferee
in the space provided | ||||||
24 | therefor on the certificate or as the Department of
Natural |
| |||||||
| |||||||
1 | Resources prescribes and cause the
certificate and assignment | ||||||
2 | to be mailed or delivered to the transferee or to
the | ||||||
3 | Department of Natural Resources.
| ||||||
4 | (b) Except as provided in Section 3A-14 of this Article, | ||||||
5 | the transferee
shall, promptly and within 15 days after | ||||||
6 | delivery to him of the watercraft or boat trailer
and the | ||||||
7 | assigned title, execute the application for a new certificate | ||||||
8 | of
title in the space provided therefor on the certificate or | ||||||
9 | as the
Department of Natural Resources prescribes, and cause | ||||||
10 | the
certificate and
application to be mailed or delivered to | ||||||
11 | the Department of Natural
Resources.
| ||||||
12 | (c) Upon request of the owner or transferee, a lienholder | ||||||
13 | in possession
of the certificate of title shall, unless the | ||||||
14 | transfer was a breach of his
security agreement, either deliver | ||||||
15 | the certificate to the transferee for
delivery to the | ||||||
16 | Department of Natural Resources or, upon
receipt from the | ||||||
17 | transferee of the owner's assignment, the transferee's
| ||||||
18 | application for a new certificate and the required fee, mail or | ||||||
19 | deliver them to
the Department of Natural Resources. The | ||||||
20 | delivery of the
certificate does not affect the rights of the | ||||||
21 | lienholder under his security
agreement.
| ||||||
22 | (d) If a security interest is reserved or created at the | ||||||
23 | time of the
transfer, the certificate of title shall be | ||||||
24 | retained by or delivered to the
person who becomes the | ||||||
25 | lienholder, and the parties shall comply with the
provisions of | ||||||
26 | Section 3B-3 of Article IIIB.
|
| |||||||
| |||||||
1 | (e) Except as provided in Section 3A-14 of this Article and | ||||||
2 | as between
the parties, a transfer by an owner is not effective | ||||||
3 | until the provisions
of this Section and Section 3A-16 of this | ||||||
4 | Article have been complied with;
however, an owner who has | ||||||
5 | delivered possession of the watercraft or boat trailer to the
| ||||||
6 | transferee and has complied with the provisions of this Section | ||||||
7 | and Section
3A-16 of this Article requiring action by him as | ||||||
8 | not liable as owner for
any damages thereafter resulting from | ||||||
9 | operation of the watercraft or boat trailer .
| ||||||
10 | (f) The Department of Natural Resources may decline to
| ||||||
11 | process any application for a transfer of an interest in a | ||||||
12 | watercraft or boat trailer if any
fees or taxes due under this | ||||||
13 | Act from the transferor or the transferee have not
been paid | ||||||
14 | upon reasonable notice and demand.
| ||||||
15 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
16 | (625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
| ||||||
17 | Sec. 3A-15. Transfer by operation of law.
| ||||||
18 | (a) If the interest of an owner in a watercraft or boat | ||||||
19 | trailer passes to another other
than by voluntary transfer, the | ||||||
20 | transferee shall, except as provided in
subsection (b), | ||||||
21 | promptly mail or deliver within 15 days to the Department of
| ||||||
22 | Natural Resources the last certificate of title, if
available, | ||||||
23 | proof of the transfer, and his or her application for a new
| ||||||
24 | certificate in the form the Department prescribes. It
shall be | ||||||
25 | unlawful for any person having possession of a certificate of |
| |||||||
| |||||||
1 | title
for a watercraft or boat trailer by reason of his or her | ||||||
2 | having a lien or encumbrance on such
watercraft or boat | ||||||
3 | trailer , to fail or refuse to deliver such certificate to the | ||||||
4 | owner, upon
the satisfaction or discharge of the lien or | ||||||
5 | encumbrance, indicated upon such
certificate of title.
| ||||||
6 | (b) If the interest of an owner in a watercraft or boat | ||||||
7 | trailer passes to another under the
provisions of the Small | ||||||
8 | Estates provisions of the Probate Act of 1975,
as amended, the | ||||||
9 | transferee shall promptly mail or deliver to the Department of
| ||||||
10 | Natural Resources, within 120 days, the last certificate
of | ||||||
11 | title, if available, the documentation required under the | ||||||
12 | provisions of the
Probate Act of 1975, as amended, and an | ||||||
13 | application for certificate
of title. The transfer may be to | ||||||
14 | the transferee or to the nominee of the
transferee.
| ||||||
15 | (c) If the interest of an owner in a watercraft or boat | ||||||
16 | trailer passes to another under
other provisions of the Probate | ||||||
17 | Act of 1975, as amended,
and the transfer is made by an | ||||||
18 | executor, administrator, or guardian for
a disabled person, | ||||||
19 | such transferee shall promptly mail or deliver to the
| ||||||
20 | Department of Natural Resources, the last certificate of
title, | ||||||
21 | if available, and a certified copy of the letters testamentary, | ||||||
22 | letters
of administration or letters of guardianship, as the | ||||||
23 | case may be, and an
application for certificate of title. Such | ||||||
24 | application shall be made before
the estate is closed. The | ||||||
25 | transfer may be to the transferee or to the nominee
of the | ||||||
26 | transferee.
|
| |||||||
| |||||||
1 | (d) If the interest of an owner in joint tenancy passes to | ||||||
2 | the other
joint tenant with survivorship rights as provided by | ||||||
3 | law, the transferee
shall promptly mail or deliver to the | ||||||
4 | Department of Natural Resources, the last certificate of title, | ||||||
5 | if available, proof of death
of the one joint tenant
and | ||||||
6 | survivorship of the surviving joint tenant, and an application | ||||||
7 | for
certificate of title. Such application shall be made within | ||||||
8 | 120 days after
the death of the joint tenant. The transfer may | ||||||
9 | be to the
transferee or to the nominee of the transferee.
| ||||||
10 | (e) If the interest of the owner is terminated or the | ||||||
11 | watercraft or boat trailer is sold
under a security agreement | ||||||
12 | by a lienholder named in the certificate of
title, the | ||||||
13 | transferee shall promptly mail or deliver within 15 days to the
| ||||||
14 | Department of Natural Resources the last certificate of
title, | ||||||
15 | his or her
application for a new certificate in the form the | ||||||
16 | Department
prescribes, and an affidavit made by or on behalf of | ||||||
17 | the lienholder that
the watercraft or boat trailer was | ||||||
18 | repossessed and that the interest of the owner was lawfully
| ||||||
19 | terminated or sold pursuant to the terms of the security | ||||||
20 | agreement. In all
cases wherein a lienholder has found it | ||||||
21 | necessary to repossess a watercraft or boat trailer
and desires | ||||||
22 | to obtain certificate of title for such watercraft or boat | ||||||
23 | trailer in the
name of such lienholder, the Department of | ||||||
24 | Natural Resources shall not issue a
certificate of title to | ||||||
25 | such lienholder unless the person from whom such
watercraft or | ||||||
26 | boat trailer has been repossessed, is shown to be the last |
| |||||||
| |||||||
1 | registered owner of
such watercraft or boat trailer and such | ||||||
2 | lienholder establishes to the satisfaction of
the Department | ||||||
3 | that he or she is entitled to such
certificate of title.
| ||||||
4 | (f) A person holding a certificate of title whose interest | ||||||
5 | in the
watercraft or boat trailer has been extinguished or | ||||||
6 | transferred other than by voluntary
transfer shall mail or | ||||||
7 | deliver the certificate within 15 days upon request
of the | ||||||
8 | Department of Natural Resources. The delivery of
the | ||||||
9 | certificate pursuant to the request of the Department of | ||||||
10 | Natural
Resources does not affect the
rights of the person | ||||||
11 | surrendering the certificate, and the action of the
Department | ||||||
12 | in issuing a new certificate of title as
provided herein is not | ||||||
13 | conclusive upon the rights of an owner or lienholder
named in | ||||||
14 | the old certificate.
| ||||||
15 | (g) The Department of Natural Resources may decline to
| ||||||
16 | process any
application for a transfer of an interest hereunder | ||||||
17 | if any fees or taxes
due under this Act from the transferor or | ||||||
18 | the transferee have not been paid
upon reasonable notice and | ||||||
19 | demand.
| ||||||
20 | (h) The Department of Natural Resources shall not be
held | ||||||
21 | civilly or criminally liable to any person because any | ||||||
22 | purported
transferor may not have had the power or authority to | ||||||
23 | make a transfer of any
interest in any watercraft or boat | ||||||
24 | trailer .
| ||||||
25 | (Source: P.A. 89-445, eff. 2-7-96.)
|
| |||||||
| |||||||
1 | (625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)
| ||||||
2 | Sec. 3A-17. Transfer of watercraft or boat trailer . A | ||||||
3 | transferor of a watercraft or boat trailer,
other than a dealer | ||||||
4 | transferring a new watercraft or boat trailer , shall deliver
to | ||||||
5 | the transferee at the time of delivery of possession of the | ||||||
6 | watercraft or boat trailer the
properly assigned certificate of | ||||||
7 | title.
| ||||||
8 | (Source: P.A. 85-149.)
| ||||||
9 | (625 ILCS 45/3A-18) (from Ch. 95 1/2, par. 313A-18)
| ||||||
10 | Sec. 3A-18. Transfer or surrender of certificate of title.
| ||||||
11 | (a) The Department of Natural Resources, upon receipt of
a | ||||||
12 | properly assigned
certificate of title, with an application for | ||||||
13 | a new certificate of title,
the required fee and any other | ||||||
14 | documents required by law, shall issue a new
certificate of | ||||||
15 | title in the name of the transferee as owner and mail it to
the | ||||||
16 | first lienholder named in it or, if none, to the owner.
| ||||||
17 | (b) The Department of Natural Resources, upon receipt
of an | ||||||
18 | application for a new
certificate of title by a transferee | ||||||
19 | other than by voluntary transfer, with
proof of the transfer, | ||||||
20 | the required fee and any other documents required by
law, shall | ||||||
21 | issue a new certificate of title in the name of the transferee
| ||||||
22 | as owner. If the outstanding certificate of title is not | ||||||
23 | delivered to him,
the Department shall make demand therefor | ||||||
24 | from the holder
thereof.
| ||||||
25 | (c) The Department of Natural Resources shall file and
|
| |||||||
| |||||||
1 | retain for 4 years
every surrendered Illinois certificate of | ||||||
2 | title, the file to be maintained
so as to permit the tracing of | ||||||
3 | title of the watercraft or boat trailer designated therein.
| ||||||
4 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
5 | (625 ILCS 45/3A-19) (from Ch. 95 1/2, par. 313A-19)
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6 | Sec. 3A-19. Scrapping, junking or destroying a watercraft | ||||||
7 | or boat trailer . An owner
who scraps, junks or destroys a | ||||||
8 | watercraft or boat trailer , or a person who purchases a
| ||||||
9 | watercraft or boat trailer as scrap or as a watercraft or boat | ||||||
10 | trailer to be junked or destroyed shall
immediately cause the | ||||||
11 | certificate of title to be mailed or delivered to the
| ||||||
12 | Department of Natural Resources, and a certificate
of title | ||||||
13 | shall not again be issued for such watercraft or boat trailer . | ||||||
14 | Upon receipt
of the certificate of title, the Department shall | ||||||
15 | cancel the certificate.
| ||||||
16 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
17 | (625 ILCS 45/3A-20) (from Ch. 95 1/2, par. 313A-20)
| ||||||
18 | Sec. 3A-20. Offenses relating to titling; misdemeanors. | ||||||
19 | Violation of
any of the following provisions shall constitute a | ||||||
20 | Class A misdemeanor:
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21 | (a) No person shall operate in this State a watercraft or | ||||||
22 | boat trailer for which a
certificate of title is required | ||||||
23 | without having such certificate of title.
| ||||||
24 | (b) No person shall sell, transfer or otherwise dispose of |
| |||||||
| |||||||
1 | a watercraft or boat trailer
without delivering to the | ||||||
2 | purchaser or transferee a certificate of title, or a
| ||||||
3 | manufacturer's or importer's certificate, assigned to such | ||||||
4 | purchaser or
transferee as required by this Act.
| ||||||
5 | (c) No person shall fail to surrender to the Department of | ||||||
6 | Natural
Resources any certificate of title upon cancellation of | ||||||
7 | the
same by the Department for any valid reason set forth in | ||||||
8 | this Act or
regulations adopted pursuant thereto.
| ||||||
9 | (Source: P.A. 88-524; 89-445, eff. 2-7-96.)
| ||||||
10 | (625 ILCS 45/3A-21) (from Ch. 95 1/2, par. 313A-21)
| ||||||
11 | Sec. 3A-21. Offenses relating to titling; felonies. | ||||||
12 | Violation of any of the
following provisions shall constitute a | ||||||
13 | Class 2 felony:
| ||||||
14 | (a) No person shall alter, forge or counterfeit any | ||||||
15 | certificate of title
or a manufacturer's or importer's | ||||||
16 | certificate to a watercraft or boat trailer .
| ||||||
17 | (b) No person shall alter or falsify any assignment of a | ||||||
18 | certificate of
title, or an assignment or cancellation of a | ||||||
19 | security interest on a certificate
of title to a watercraft or | ||||||
20 | boat trailer .
| ||||||
21 | (c) No person shall hold or use a certificate of title to a | ||||||
22 | watercraft or boat trailer
nor hold or use any assignment or | ||||||
23 | cancellation of a security interest on
a certificate of title | ||||||
24 | to a watercraft or boat trailer , knowing it to have been | ||||||
25 | altered,
forged, counterfeited or falsified.
|
| |||||||
| |||||||
1 | (d) No person shall use a false or fictitious name or | ||||||
2 | address, or make
any material false statement, or conceal any | ||||||
3 | material fact, in an application
for a certificate of title, or | ||||||
4 | in a bill of sale or sworn statement of
ownership.
| ||||||
5 | (e) No person shall procure or attempt to procure a | ||||||
6 | certificate of title
to a watercraft or boat trailer , or pass | ||||||
7 | or attempt to pass a certificate of title or any
assignment | ||||||
8 | thereof to a watercraft or boat trailer , knowing or having | ||||||
9 | reason to believe
that such watercraft or boat trailer has been | ||||||
10 | stolen.
| ||||||
11 | (f) No person shall have possession of, buy, receive, sell | ||||||
12 | or offer to
sell, or otherwise dispose of a watercraft or boat | ||||||
13 | trailer on which the manufacturer's
or assigned serial number | ||||||
14 | of the watercraft or boat trailer has been destroyed, removed,
| ||||||
15 | covered, altered, or defaced, knowing of such destruction, | ||||||
16 | removal, covering,
alteration or defacement of such | ||||||
17 | manufacturer's or assigned serial number.
| ||||||
18 | (g) No person shall destroy, remove, cover, alter or deface | ||||||
19 | the
manufacturer's or assigned serial number on any watercraft | ||||||
20 | or boat trailer .
| ||||||
21 | (h) No person shall possess, buy, sell, exchange or give | ||||||
22 | away, or offer
to buy, sell, exchange, or give away the | ||||||
23 | certificate of title to any watercraft or boat trailer
which is | ||||||
24 | a junk or salvage.
| ||||||
25 | (Source: P.A. 88-524.)
| ||||||
26 | Section 99. Effective date. This Act takes effect January |
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1 | 1, 2012.
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