SB3357 99TH GENERAL ASSEMBLY

LRB099 19307 AXK 43699 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3357

Introduced 2/19/2016, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-182.7 new
625 ILCS 5/3-413	from Ch. 95 1/2, par. 3-413
625 ILCS 5/3-804.4 new

Amends the Illinois Vehicle Code. Defines "secondary vehicle" as a motor vehicle of the first division or motor vehicle of the second division weighing 8,000 pounds or less that is used less than 5,000 miles per registration year. Provides that an owner of a secondary vehicle may register the vehicle as a secondary vehicle and shall complete at the time of registration and at any subsequent annual registrations an odometer certification verifying the vehicle's mileage use. Provides that a vehicle registered as a secondary vehicle is not required to display a front license plate on the secondary vehicle. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 3-413 and by adding Sections 1-182.7 and 3-804.4 as follows:

(625 ILCS 5/1-182.7 new)

Sec. 1-182.7. Secondary Vehicle. A motor vehicle of the first division or motor vehicle of the second division weighing 8,000 pounds or less that is used less than 5,000 miles per registration year.

(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)

Sec. 3-413. Display of registration plates, registration stickers, and drive-away permits; registration plate covers.

(a) Registration plates issued for a motor vehicle other than a secondary vehicle with an appropriate rear license plate designation, motorcycle, autocycle, trailer, semitrailer, truck-tractor, apportioned bus, or apportioned truck shall be attached thereto, one in the front and one in the rear. The registration plate issued for a secondary vehicle, motorcycle, autocycle, trailer or semitrailer required to be registered hereunder and any apportionment plate issued to a bus under the provisions of this Code shall be attached to the rear thereof. The registration plate issued for a truck-tractor or an apportioned truck required to be registered hereunder shall be attached to the front thereof.

(b) Except for vehicles with rear loaded motorized forklifts, every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than 5 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained in a condition to be clearly legible, free from any materials that would obstruct the visibility of the plate. A registration plate on a motorcycle may be mounted vertically as long as it is otherwise clearly visible. Registration stickers issued as evidence of renewed annual registration shall be attached to registration plates as required by the Secretary of State, and be clearly visible at all times. For those vehicles with rear loaded motorized forklifts, if the rear plate is securely fastened in a horizontal position as prescribed, the plate and registration sticker shall not be required to be clearly visible at all times as a result of the rear mounted motorized forklift obstructing the view.

(c) Every drive-away permit issued pursuant to this Code shall be firmly attached to the motor vehicle in the manner prescribed by the Secretary of State. If a drive-away permit is affixed to a motor vehicle in any other manner the permit shall be void and of no effect.

(d) The Illinois prorate decal issued to a foreign registered vehicle part of a fleet prorated or apportioned with Illinois, shall be displayed on a registration plate and displayed on the front of such vehicle in the same manner as an Illinois registration plate.

(e) The registration plate issued for a camper body mounted on a truck displaying registration plates shall be attached to the rear of the camper body.

(f) No person shall operate a vehicle, nor permit the operation of a vehicle, upon which is displayed an Illinois registration plate, plates or registration stickers, except as provided for in subsection (b) of Section 3-701 of this Code, after the termination of the registration period for which issued or after the expiration date set pursuant to Sections 3-414 and 3-414.1 of this Code.

(g) A person may not operate any motor vehicle that is equipped with registration plate covers. A violation of this subsection (g) or a similar provision of a local ordinance is an offense against laws and ordinances regulating the movement of traffic.

(h) A person may not sell or offer for sale a registration plate cover. A violation of this subsection (h) is a business offense.

(i) A person may not advertise for the purpose of promoting the sale of registration plate covers. A violation of this subsection (i) is a business offense.

(j) A person may not modify the original manufacturer's mounting location of the rear registration plate on any vehicle so as to conceal the registration or to knowingly cause it to be obstructed in an effort to hinder a peace officer from obtaining the registration for the enforcement of a violation of this Code, Section 27.1 of the Toll Highway Act concerning toll evasion, or any municipal ordinance. Modifications prohibited by this subsection (j) include but are not limited to the use of an electronic device. A violation of this subsection (j) is a Class A misdemeanor.

(Source: P.A. 98-777, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-68, eff. 1-1-16; 99-78, eff. 7-20-15.)

(625 ILCS 5/3-804.4 new)

Sec. 3-804.4. Secondary Vehicle. An owner of a secondary vehicle, as defined under Section 1-182.7, may register the vehicle as a secondary vehicle and shall receive a registration plate with a special designation prescribed by the Secretary of State. Upon the first registration and subsequent annual registrations of the secondary vehicle, the owner of the vehicle shall complete an odometer certification provided by the Secretary, which shall substantially provide as follows:

"I certify to the best of my knowledge that the odometer reading is ........... and reflects the actual mileage of the vehicle. The vehicle has been used less than 5,000 miles during the last registration year and will be used less than 5,000 during the upcoming registration year."

Section 99. Effective date. This Act takes effect upon becoming law.