625 ILCS 5/5-401.2
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders

 (from Ch. 95 1/2, par. 5-401.2)Sec. 5-401.2. Licensees required to keep records and make inspections.(a) Every person licensed or required to be licensed under Section 5-101,  5-101.1, 5-101.2, 5-102, 5-102.8, 5-301,  or 5-302 of this Code, shall, with the exception of  scrap  processors, maintain for 3 years, in a form as the Secretary of State may by  rule or regulation prescribe, at his established place of business, additional  place of business, or principal place of business if licensed under Section  5-302, the following records relating to the acquisition or disposition of  vehicles and their essential parts possessed in this State, brought into this  State from another state, territory or country, or sold or transferred to  another person in this State or in another state, territory, or country.(1) The following records pertaining to new or used     vehicles shall be kept:(A) the year, make, model, style and color of the         vehicle;(B) the vehicle's manufacturer's identification         number or, if applicable, the Secretary of State or Illinois State Police identification number;(C) the date of acquisition of the vehicle;(D) the name and address of the person from whom         the vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person;(E) the signature of the person making the         inspection of a used vehicle as required under subsection (d) of this Section, if applicable;(F) the purchase price of the vehicle, if         applicable;(G) the date of the disposition of the vehicle;(H) the name and address of the person to whom         any vehicle was disposed, and if that person is a dealer, the Illinois or out-of-State dealer's license number of that dealer;(I) the uniform invoice number reflecting the         disposition of the vehicle, if applicable; and(J) The sale price of the vehicle, if applicable.(2) (A) The following records pertaining to used     essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:(i) the year, make, model, color and type of such         part;(ii) the vehicle's manufacturer's identification         number, derivative number, or, if applicable, the Secretary of State or Illinois  State Police identification number of such part;(iii) the date of the acquisition of each part;(iv) the name and address of the person from whom         the part was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;(v) the uniform invoice number or out-of-state         bill of sale number reflecting the acquisition of such part;(vi) the stock number assigned to the essential         part by the licensee, if applicable;(vii) the date of the disposition of such part;(viii) the name and address of the person to whom         such part was disposed of and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;(ix) the uniform invoice number reflecting the         disposition of such part.(B) Inspections of all essential parts shall be     conducted in accordance with Section 5-402.1.(C) A separate entry containing all of the     information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part.  Separate entries shall be made regardless of whether the part was a large purchase acquisition.  In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.(D) The vehicle's manufacturer's identification     number or Secretary of State or Illinois State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded.  If the vehicle's manufacturer's identification number or Secretary of State or Illinois State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.(E) The records of essential parts required to be     kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts.  The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer.  In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself.  To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee.  If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.(F) The requirements of paragraph (2) of subsection     (a) of this Section shall not apply to the disposition of an essential part other than a cowl which has been damaged or altered to a state in which it can no longer be returned to a usable condition and which is being sold or transferred to a scrap processor or for delivery to a scrap processor.(3) the following records for vehicles on which junking certificates are  obtained shall be kept:(A) the year, make, model, style and color of the     vehicle;(B) the vehicle's manufacturer's identification     number or, if applicable, the Secretary of State or Illinois State Police identification number;(C) the date the vehicle was acquired;(D) the name and address of the person from whom the     vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;(E) the certificate of title number or salvage     certificate number for the vehicle, if applicable;(F) the junking certificate number obtained by the     licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;(G) the name and address of the person to whom the     junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;(H) if the vehicle or any part of the vehicle is     dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.(4) The following records for rebuilt vehicles shall be kept:(A) the year, make, model, style and color of the     vehicle;(B) the vehicle's manufacturer's identification     number of the vehicle or, if applicable, the Secretary of State or Illinois State Police identification number;(C) the date the vehicle was acquired;(D) the name and address of the person from whom the     vehicle was acquired, and if that person is a dealer, the Illinois or out-of-state dealer license number of that person;(E) the salvage certificate number for the vehicle;(F) the newly issued certificate of title number for     the vehicle;(G) the date of disposition of the vehicle;(H) the name and address of the person to whom the     vehicle was disposed, and if a dealer, the Illinois or out-of-state dealer license number of that dealer;(I) The sale price of the vehicle.(a-1) A person licensed or required to be licensed under Section 5-101 or  Section 5-102 of this Code who issues temporary registration permits as  permitted by  this Code and by rule must electronically file the registration with the  Secretary and must maintain records of the registration in the manner  prescribed by the Secretary.(b) A failure to make separate entries for each vehicle acquired,  disposed of, or assigned, or a failure to record any of the specific  information required to be recorded concerning the acquisition or  disposition of each vehicle as set forth in paragraphs (1),  (3) and (4) of subsection (a) shall constitute a failure to keep records.(c) All entries relating to the acquisition of a vehicle or essential  part required by subsection (a) of this Section shall be recorded no later than  the close of business on the seventh calendar day following such acquisition.  All entries relating to the disposition of a vehicle or an essential part  shall be made at the time of such disposition.  If the vehicle or essential  part was disposed of on the same day as its acquisition or the day  thereafter, the entries relating to the acquisition of the vehicle or  essential part shall be made at the time of the disposition of the vehicle  or essential part. Failure to make the entries required in or at the times  prescribed by this subsection following the acquisition or disposition of  such vehicle or essential part shall constitute a failure to keep records.(d) Every person licensed or required to be licensed shall,  before accepting delivery of a used vehicle, inspect the  vehicle to determine whether the manufacturer's public vehicle  identification number has been defaced, destroyed,  falsified, removed, altered, or tampered with in any way.  If the person  making the inspection determines that the manufacturer's public vehicle  identification number has been altered, removed, defaced, destroyed,  falsified or tampered with he shall not acquire that vehicle but instead  shall promptly notify law enforcement authorities of his finding.(e) The information required to be kept in subsection (a) of this  Section shall be kept in a manner prescribed by rule or regulation of the  Secretary of State.(f) Every person licensed or required to be licensed shall have in his  possession a separate certificate of title, salvage certificate, junking  certificate, certificate of purchase, uniform invoice, out-of-state bill of  sale or other acceptable documentary evidence of his right to the  possession of every vehicle or essential part.(g) Every person licensed or required to be licensed as a transporter  under Section 5-201 shall maintain for 3 years, in such form as the  Secretary of State may by rule or regulation prescribe, at his principal  place of business a record of every vehicle transported by him, including  numbers of or other marks of identification thereof, the names and  addresses of persons from whom and to whom the vehicle was delivered and  the dates of delivery.(h) No later than 15 days prior to going out of business, selling the  business, or transferring the ownership of the business, the licensee shall  notify the Secretary of State that he is going out of business or that he  is transferring the ownership of the business. Failure to notify under this  paragraph shall constitute a failure to keep records.(i) (Blank).(j) A person who knowingly fails to comply with the provisions of this  Section or  knowingly fails to obey, observe, or comply with any order of the Secretary or  any law  enforcement agency issued  in accordance with this Section is guilty of a Class B misdemeanor for the  first violation and a Class A misdemeanor for the second and subsequent  violations. Each violation constitutes a separate and distinct offense and a  separate count may be brought in the same indictment or information for each  vehicle or each essential part of a vehicle for which a record was not kept as  required by this Section.(k) Any person convicted of failing to keep the records required by this  Section with intent to conceal the identity or origin of a vehicle or its  essential parts or with intent to defraud the public in the transfer or sale of  vehicles or their essential parts is guilty of a Class 2 felony. Each violation  constitutes a separate and distinct offense and a separate count may be brought  in the same indictment or information for each vehicle or  essential part of a vehicle for which a record was not kept as required by this  Section.(l) A person may not be criminally charged with or convicted of both a  knowing failure to comply with this Section and a knowing failure to comply  with any order, if both offenses involve the same record keeping violation.(m) The Secretary shall adopt rules necessary for implementation of this  Section, which may include the imposition of administrative fines.  (Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)