Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1010 - CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES › Subpart F - FEES › Section 1010.510 - Determination of Registration Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) References
1) Subject
This Section describes the determination of registration
				  fees.
2) Authority
This Section is promulgated under the general authority of
				  Section 2-104 of the Illinois Vehicle Code and based on the provisions of
				  Section 3-803 of the Illinois Vehicle Code [IVC] [625 ILCS 5/2-104 and 3
				  -803].
3) References
The following Sections of the Illinois Vehicle Code are
				  referenced in this Section:
3-801 3-803
3-802 806
4) Definitions
"Delayed registration affirmation" means a statement by the
				  owner that the vehicle to be registered has not been operated on the public
				  highways during his ownership. The Office of the Secretary of State shall deny
				  a delayed registration affirmation if all the information requested is not
				  supplied or if the information provided is in conflict with other
				  information.
To "operate" a vehicle means to cause the vehicle to move
				  about the public highways under the vehicle's own power. Towing a vehicle shall
				  not be considered operating the vehicle.
5) Interpretive Comment
A) Section 3-803 of the Illinois Vehicle Code
				establishes the policy that certain individuals are entitled to a reduced
				registration fee under specific conditions. By Section 3-803(a), persons who
				are eligible for a reduction are those who:
i)
				acquire the vehicle after the beginning of... the applicable registration
				period; or
ii) independent of when
				the vehicle was acquired, have a vehicle which became subject to
				registrationafter the beginning of the applicable registration
				period.
B) Subsections
				(b) through (d) of Section 3-803 of the Illinois Vehicle Code establish the
				percent of the permissible reduction to which each class of registrants is
				entitled and the qualifying times.
C) In Subsections (b) and (d) the term "or
				which become subject to registration after the beginning of a registration
				period..." does not appear even though it appears in Subsection (a). It is our
				interpretation that the Legislature intended the broader statement of
				Subsection (a) to apply throughout Section 3-803 of the Illinois Vehicle Code,
				and that a vehicle is not subject to registration until the owner uses it on
				public highways. Therefore, an individual who purchases a vehicle which is
				specially outfitted or stored does not become subject to registration until the
				vehicle is so outfitted or removed from storage and the owner operates the
				vehicle on public highways. If such operation occurs after a qualifying time
				period for fee reduction, then such individual is entitled to such fee
				reduction. Guidelines for determining the date a vehicle becomes subject to
				registration are set forth in subsection (a)(6), below.
D) Subsections (e) and (f) of Section 3-803
				of the Illinois Vehicle Code establish certain types of registration to which
				fee reduction cannot apply under any circumstance.
E) Grace Period
i) Section 3-801 of the Illinois Vehicle
				Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/3-801 ]
				provides a 24 hour grace period applicable only to vehicle sales between
				individuals to allow the buyer to drive the vehicle from the point of sale to
				the individual's residence or to a facility to obtain registration. Evidence of
				ownership shall be carried on the vehicle and shall consist of a properly
				assigned title to the new owner or a bill of sale which contains but is not
				limited to the following information: the name and address of the seller and
				buyer; the year, make, serial number of the vehicle; and the date of the sale.
				Once the vehicle has been operated upon the public highways, however, the owner
				shall apply for registration within 24 hours of such operation. The owner's
				subsequent plans for the vehicle (storage, special outfitting, etc.) are
				irrelevant. The fee reductions of Section 3-802(b)-(d) are not available once
				the vehicle has been operated on the public highways.
ii) Vehicles operated with a 5 day permit but
				not operated after the expiration of the permit shall become subject to
				registration as provided in subsection (a)(6).
iii) If the vehicle was towed to its new
				destination, the vehicle shall be subject to registration as provided in
				subsection (a)(6), infra.
6) Date Vehicles Become Subject to
				Registration
A) The date the vehicle is first
				operated on the public highways by the present owner determines the date the
				vehicle becomes subject to registration. However, if the date of initial
				operation of the vehicle is unknown to the personnel of the Department of
				Vehicle Services, the date upon which the vehicle becomes subject to
				registration shall be determined by subsection (a)(6) (B) or (C)
				below.
B) The purchase date shall
				be used to determine when the vehicle became subject to registration if the
				title and registration application date is within six months of the purchase
				date, and no delayed registration affirmation accompanied the registration
				application.
C) The application
				date shall be used to determine when the vehicle became subject to registration
				if:
i) the title and registration application
				date is within six months after the purchase date and the owner submits a
				delayed registration affirmation; or
ii) the title and registration application
				date is more than six months after the purchase date; or
iii) the vehicle was previously titled but
				was not registered; or
iv) the
				vehicle had been registered within the preceding 12 months, but the plates have
				been transferred to another vehicle.
D) For purposes of Section 3-803(f) of the
				IVC, the date the applicant becomes a resident of this state shall determine
				when the vehicle became subject to registration if the vehicle, within the
				preceding 12-month registration year, had been titled and registered in this
				state but currently is registered in another state. The owner shall submit
				proper proof that the vehicle had been validly registered in the other state
				during this period. The other state's vehicle registration card shall provide
				such proof. If this card is unavailable, the Secretary shall request
				verification of current registration from the other state. Upon providing such
				verification, the vehicle owner shall not be assessed registration fees for any
				prior registration period.