Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1010 - CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES › Subpart H - SECOND DIVISION VEHICLES › Appendix A - Uniform Vehicle Registration Proration and Reciprocity Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to and in conformity with the laws of the respective
				  States, the contracting States acting by and through their officials lawfully
				  authorized to execute this agreement, do mutually agree as follows:
ARTICLE 1. PURPOSES AND PRINCIPLES
Section 1. Purposes of Agreement. (a) It is the purpose of
				  this agreement to set up a system whereby any contracting State may permit
				  owners of fleets of commercial vehicles operating in two or more States to
				  prorate the registration of the vehicles in such fleets in each State in which
				  the fleets operate on the basis of the proportion of miles operated within such
				  State to total fleet miles, as defined herein.
(b) It is further the purpose of this agreement to grant
				  reciprocity to noncommercial vehicles, and to commercial vehicles engaged in
				  interstate operations and intrastate operations incidental thereto which are
				  not entitled to have their registration prorated under this agreement as part
				  of a fleet. Reciprocity entitles a vehicle which is properly registered in a
				  contracting State, as provided in this agreement, to be exempt from
				  registration and payment of fees in each other contracting State for the
				  purpose of engaging in any type of interstate vehicle operation in each other
				  contracting State.
Section 2. Principle of Proration of Registration. It is
				  hereby declared that in making this agreement the contracting States adhere to
				  the principle that each State should have the freedom to develop the kind of
				  highway user tax structure that it determines to be most appropriate to itself,
				  that the method of taxation of interstate commercial vehicles should not be a
				  determining factor in developing its user tax structure, and that annual taxes
				  or other taxes of the fixed fee type upon commercial vehicles which are not
				  imposed on a basis that reflects the amount of highway use should be
				  apportioned among the States, within the limits of practicality, on the basis
				  of vehicle miles traveled within each of the States.
ARTICLE 2. DEFINITIONS
Section 10. "State". State shall include the States of the
				  United States, the District of Columbia, the territories of the United States,
				  the Provinces of Canada, and the States, Territories and Federal District of
				  Mexico.
Section 11. "Contracting State". Contracting State shall mean
				  a State which is a party to this agreement.
Section 12. "Administrator". Administrator shall mean the
				  official or agency of a State administering the fee involved, or, in the case
				  of proration of registration, the official or agency of a State administering
				  the proration of registration in that State.
Section 13. "Person". Person shall include any individual,
				  firm, co-partnership, joint venture, association, corporation, estate, trust,
				  business trust, receiver, syndicate, or any other group or combination acting
				  as a unit.
Section 14. "Base State". Base State shall mean with respect
				  to a vehicle:
(a) In the case of a commercial vehicle, the State from or in
				  which the vehicle is most frequently dispatched, garaged, serviced, maintained,
				  operated, or otherwise controlled, or also in the case of a fleet vehicle the
				  State to which it is allocated for registration under statutory
				  requirements.
(b) In the case of a vehicle other than a commercial vehicle
				  owned by an individual, the State of legal domicile of such individual.
(c) In the case of a vehicle other than a commercial vehicle
				  owned by a person other than an individual, or owned by an individual who has
				  not legal domicile, the State from or in which the vehicle is most frequently
				  dispatched, garaged, serviced, maintained, operated, or otherwise controlled.
In order that this section may not be used for the purpose of
				  evasion of registration fees, the administrators of the contracting States may
				  make the final decision as to the proper base State, in accordance with Section
				  37 hereof, to prevent or avoid such evasion.
Section 15. "Commercial Vehicle". Commercial Vehicle shall
				  mean any motor vehicle having a gross weight in excess of 6,000 pounds and
				  other vehicle regardless of weight used or maintained for the transportation of
				  persons for-hire, compensation profit, or in furtherance of a commercial
				  enterprise, or any vehicle designed, used, or maintained primarily for the
				  transportation of property or for drawing other vehicles so designed, used or
				  maintained.
Section 16. "Fleet". As to each contracting State, fleet
				  shall include only those commercial vehicles which actually travel a portion of
				  their total miles in such State. A fleet must include three (3) or more
				  Commercial vehicles, at least two (2) of which are motor vehicles.
Section 17. "Registration". Registration shall mean the
				  registration of a vehicle and the payment of annual fees and taxes as set forth
				  opposite the name of each contracting State in the Appendix hereto.
Section 18. "Proration of Registration". Proration of
				  Registration shall mean registration of fleets of commercial vehicles in
				  accordance with Article 4 of this agreement.
Section 19. "Reciprocity". Reciprocity shall mean that each
				  contracting State, to the extent provided in this agreement, exempts a vehicle
				  from registration and the registration fees set forth in Section 17 of the
				  Appendix.
ARTICLE 3. GENERAL PROVISIONS
Section 30. Effects on Other Agreements, Arrangements, and
				  Understandings. On and after its effective date, this agreement shall supersede
				  any reciprocal or other agreement, arrangement, or understanding between any
				  two or more of the contracting States covering, in whole or in part, any of the
				  matters covered by this agreement; but this agreement shall not affect any
				  reciprocal or other agreement, arrangement, or understanding between a
				  contracting State and a State or States not a party to this agreement.
Section 31. Applicability to Exempt Vehicles. This agreement
				  shall not require registration in a contracting State of any vehicles which are
				  in whole or part exempt from registration under the laws or regulations of such
				  State without respect to this agreement.
Section 32. "Inapplicability to Caravaned Vehicle". The
				  benefits and privileges of this agreement shall not be extended to a vehicle
				  operated on its own wheels, or in tow of a motor vehicle, transported for the
				  purpose of selling or offering the same for sale to or by any agent, dealer,
				  purchaser, or prospective purchaser.
Section 33. "Other Fees and Taxes". This agreement does not
				  waive any fees or taxes charged or levied by any State in connection with the
				  ownership or operation of vehicles other than registration fees as defined
				  herein. All other fees and taxes shall be paid to each State in accordance with
				  the laws thereof.
Section 34. "Statutory Vehicle Regulations". This agreement
				  shall not authorized the operation of a vehicle in any contracting State
				  contrary to the laws or regulations thereof, except those pertaining to
				  registration and payment of fees; and with respect to such laws or regulations,
				  only to the extent provided in this agreement.
Section 35. "Violations". Each contracting State reserves the
				  right to withdraw, by order of the administrator thereof, all or any party of
				  the benefits or privileges granted pursuant to this agreement from the owner of
				  any vehicle or fleet of vehicles operated in violation of any provision of this
				  agreement. The administrator shall immediately give notice of any such
				  violation and withdrawal of any such benefits or privileges to the
				  administrator of each other contracting State in which vehicles of such owner
				  are operated.
Section 36. "Cooperation". The administrator of each of the
				  contracting States shall cooperate with the administrators of the others and
				  each contracting State hereby agrees to furnish such aid and assistance to each
				  other within its statutory authority as will aid in the proper enforcement of
				  this agreement.
Section 37. Interpretation. The final decision regarding
				  interpretation of questions at issue relating to this agreement shall be
				  reached by joint action of the contracting States, acting through the
				  administrator thereof, and shall upon determination be placed in
				  writing.
Section 38. "Amendment". This agreement may be amended by
				  joint action of the contracting States, acting through the officials thereof
				  authorized to enter into this agreement. Any amendment shall be placed in
				  writing and become a part hereof.
Section 39. "Effect of Headings". Article and section
				  headings contained herein shall not be deemed to govern, limit, modify, or in
				  any manner affect the scope, meaning, or intent of the provisions of any
				  article or section hereof.
Section 40. "Additional States". Additional states may become
				  parties to this agreement by signing and accepting the terms of the agreement
				  subject to the approval of the contracting States of any restriction,
				  limitation, or condition imposed by such additional State upon its membership
				  under the agreement.
ARTICLE 4. PRORATION OF REGISTRATION
Section 50. "Applicability". Any owner of a fleet may
				  register the vehicles of said fleet in any contracting State by paying to said
				  State total registration fees in an amount equal to that obtained by applying
				  the proration of in-state fleet miles divided by the total fleet miles, to the
				  total fees which would otherwise be required for regular registration of each
				  and all of such vehicles in such contracting State.
All fleet pro-rata registration fees shall be based upon the
				  mileage proportions of the fleet during the period of twelve months ending on
				  June 30 next preceding the commencement of the registration year for which
				  registration is sought: Except, that mileage proportions for a fleet not
				  operated during such period in the State where application for registration is
				  made will be determined by the administrator upon the sworn application of the
				  applicant showing the operations during such period in other States and the
				  estimated operations, during the registration year for which registration is
				  sought, in the State in which application is being made; or if no operations
				  were conducted during such period a full statement of the proposed method of
				  operation.
If any commercial vehicles operate in two or more States
				  which permit the proration of registration on the bases of a fleet of vehicles
				  consisting of a lessor number of vehicles than provided in Section 16, such
				  fleet may be prorated as to registration in such States, in which event the
				  vehicles in such fleet shall not be required to register in any other
				  contracting States if each sure vehicle is registered in some contracting State
				  (except to the extent it is exempt from registration as provided in Section
				  31).
If the administrator of any State determines, based on the
				  method of the operation thereof, that the inclusion of a vehicle or vehicles as
				  a part of a fleet would adversely affect the proper fleet fee which should be
				  paid his State, having due regard for fairness and equity, he may refuse to
				  permit any or all of such vehicles to be included in his State as a part of
				  such fleet.
Section 51. "Determination of Number of Vehicles in a Fleet".
				  In determining the number of commercial vehicles in a fleet for the purposes of
				  proration of registration, each individual unit of a combination of vehicles
				  shall be counted as one vehicle.
Section 52. "Total Fleet Miles". Total fleet miles, with
				  respect to each contracting State, shall mean the total miles operated by the
				  fleet (1) in such State, (2) in all other contracting States, (3) in other
				  States having proportionate registration provisions, (4) in States with which
				  such contracting State has reciprocity, and (5) in such other States as the
				  administrator determines should be included under the circumstances in order to
				  protect or promote the interest of his State; except that in States having laws
				  requiring proration on the basis of a different determination of total fleet
				  miles, total fleet miles shall be determined on such basis.
Section 53. "Leases Vehicles". If a commercial vehicle is
				  operated by a person other than the owner as a part of a fleet which is subject
				  to the provisions of this article, then the operator of such fleet shall be
				  deemed to be the owner of said vehicle for the purposes of this article.
Section 54. "Extent of Privilege". Upon the registration of a
				  fleet in a contracting State pursuant to this article, each vehicle in the
				  fleet may be operated in both interstate and intrastate operations in such
				  State (except as provided in Section 34).
Section 55. "Application for Proration". The application for
				  proration of registration shall be made in each contracting State upon
				  substantially the application forms and supplements thereto appended to this
				  agreement as Exhibit 1 and made a part hereof.
Section 56. "Issuance of Identification". Upon registration
				  of a fleet, the State which is the base State of a particular vehicle of the
				  fleet, shall issue the required license plates and registration card for such
				  vehicle, and each contracting State in which the fleet of which such vehicle is
				  a part, operates shall issue a special identification identifying such vehicle
				  as a part of a fleet which has fully complied with the registration requirement
				  of such State. The required license plates, registration cards and
				  identification shall be appropriately displayed in the manner required by the
				  administrator of each respective State.
Section 57. "Additions to the Fleet". If any vehicle is added
				  to a prorated fleet after the filing of the original application, the owner
				  shall file a supplemental application in accordance with the instruction. The
				  owner shall register such vehicle in each contracting State in like manner as
				  provided for vehicles listed in an original application and the registration
				  fee payable shall be determined on the mileage proportion used to determine the
				  registration fees payable for vehicles registered under the original
				  application.
Section 58. "Withdrawals from Fleet". If any vehicle is
				  withdrawn from a prorated fleet during the period for which it is registered or
				  identified, the owner shall notify the administrator of each State in which it
				  is registered or identified of such withdrawal and shall return the plates, and
				  registration card or identification as may be required by each
				  administrator.
Section 59. "Audits". The administrator of each contracting
				  State shall, within the statutory authority of such administrator, make any
				  information obtained upon an audit of records of any applicant for proration of
				  registration available to the administrators of the other contracting
				  States.
Section 60. "Errors in Registration". If it is determined by
				  the administrator of a contracting State, as a result of such audits or
				  otherwise, that an improper fee has been paid his State, or errors in
				  registration found, the administrator may require the fleet owner to make the
				  necessary corrections in the registration of his fleet and payment of
				  fees.
ARTICLE 5. RECIPROCITY
Section 70. "Grant of Reciprocity". Each of the contracting
				  States grants reciprocity as provided in this article.
Section 71. "Applicability". The provisions of this agreement
				  with respect to reciprocity shall apply only to a vehicle properly registered
				  in the base State of the vehicle, which State must be contracting State.
Section 72. "Non-applicability to Fleet Vehicles". The
				  reciprocity granted pursuant to this article shall not apply to a vehicle which
				  is entitled to be registered or identified as part of a prorated fleet.
Section 73. "Extent of Reciprocity". The reciprocity granted
				  pursuant to this article shall permit both interstate and intrastate operation
				  of a vehicle which is not a commercial vehicle. The reciprocity granted
				  pursuant to this article shall permit the interstate operation of a commercial
				  vehicle and intrastate operation which is incidental to a trip of such vehicle
				  involving interstate operation.
Section 74. "Other Agreements". Nothing in this agreement
				  shall be construed to prohibit any of the contracting States from entering into
				  separate agreements with each other for the granting of temporary permits for
				  the intrastate operation of vehicles registered in the other State; nor to
				  prevent any of the contracting States from entering into agreements to grant
				  reciprocity for intrastate operation within any zone or zones agreed upon by
				  the States.
Section 75. "Establishment of New Residence". Whenever an
				  individual who is the owner of a noncommercial vehicle granted reciprocity
				  pursuant to this agreement establishes domicile during the registration period
				  in another contracting State, he shall not be required to register his vehicle
				  in such State, he shall not be required to register his vehicle in such State
				  until the expiration of the current registration of the vehicle unless the law
				  of the State otherwise provides.
ARTICLE 6. EFFECTIVE DATE. CANCELLATION OR REVOCATION.
Section 90. "Effective Date". This revised agreement shall
				  become effective upon arrival and shall apply to registrations beginning with
				  the 1957 registration year, but changes in the agreement shall not affect
				  registrations for the 1956 registration year.
Section 91. "Cancellation or Revocation". This agreement
				  shall continue in full force thereafter until cancelled or revoked by the
				  official or officials of any contracting State authorized to enter into this
				  agreement, upon 30 days written notice to the corresponding officials of the
				  other contracting States.