Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1010 - CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES › Subpart B - TITLES › Section 1010.140 - Documents Required to Title and Register Imported Vehicles Not Manufactured in Conformity with Federal Emission or Safety Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
"Customs" means the United States Customs Service within the
				  United States Department of the Treasury.
Customs Form 301, entitled "Customs Bond," means a document
				  completed by the importer to insure that the vehicle will be modified to
				  achieve compliance with applicable emission and safety standards. Customs will
				  not release this bond until it receives approval letters from both DOT and
				  EPA.
Customs Form 4333A, entitled "Notice of Liquidation," means a
				  form used by Customs to notify the importer of record that the vehicle has been
				  approved for importation into the United States.
"Customs Regulations" means regulations promulgated by the
				  United States Customs Service as set forth in
				  19
				  CFR 12.73 and
				  12.80(1985).
"Dealers" means persons or organizations licensed under
				  Section 5-101 or 5-102 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch.
				  951/2, pars. 5-101 and 5-102) and regulated by 92 Ill. Adm. Code 1020, to sell
				  new and/or used vehicles in Illinois.
"DOT" means the U.S. Department of Transportation.
"DOT Compliance Letter" means a letter written by the DOT to
				  Customs which released the DOT's claim on the bond on the imported vehicle. The
				  "DOT Compliance Letter" acknowledges receipt, from the importer, of a statement
				  of compliance which meets the requirements of
				  19 CFR
				  12.80(e)(1985). The "DOT
				  Compliance Letter" does not mean that the vehicle conforms with all applicable
				  Federal Motor Vehicle Safety Standards. In this letter the DOT reserves the
				  right to perform a compliance inspection to verify the information contained in
				  the importer's statement of compliance.
DOT Form HS-7, entitled "Importation of Motor Vehicles and
				  Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety Standards,"
				  means a declaration by the importer that the vehicle is being imported under
				  the provisions of
				  19 CFR
				  12.80(1985). The importer or
				  the importer's agent indicates whether the vehicle conforms, does not conform,
				  or is exempt from federal safety standards.
"Entry Forms" means Customs Form 7501, entitled either "Entry
				  Summary" or "Informal Entry." Entry forms are signed by the importer or the
				  importer's agent and transmitted to Customs. Entry forms indicate whether the
				  imported vehicles conform to, or are exempt from, federal emission and safety
				  standards. The "Entry Summary" form is used when the vehicle is admitted under
				  bond.
"EPA" means the U.S. Environmental Protection Agency.
"EPA Approval Letter" means a letter from the EPA to Customs
				  which releases the EPA's claim on the bond on the imported vehicle. Attached to
				  the EPA Approval Letter" is the EPA "Motor Vehicle Emission Test Report Form"
				  which indicates that the vehicle has been tested and has been determined to be
				  in compliance with federal emission standards.
"EPA Exemption Letter" means a letter written by the EPA to
				  Customs which releases the EPA's obligation on the bond on the imported
				  vehicle. The "EPA Exemption Letter" also advises the importer that according to
				  federal law the vehicle is not required to comply with federal emission
				  standards or that the importer paid a penalty assessed by customs because the
				  vehicle failed to conform to federal emission standards.
EPA Form 3520-1, entitled "Importation of Motor Vehicles and
				  Motor Vehicle Engines Subject to Federal Air Pollution Control Regulations,"
				  means a declaration by the importer that the vehicle complies with applicable
				  emission standards, is exempt from such standards, or is being admitted under
				  bond.
"Emissions Standards" means standards prescribed by the EPA
				  pursuant to the Clean Air Act. (
				  42 U.S.C.
				  7401 et seq. (1982)), as set forth in 40 CFR
				  85(1984).
"Final Admission" means the vehicle has been approved for
				  importation by Customs. For formal entries, final admission occurs after EPA
				  and DOT have approved the importation and have notified Customs accordingly.
				  Customs notifies the importer that the vehicle has been finally admitted by
				  sending Customs Form 433A, the Notice of Liquidation.
"Foreign Documents of Ownership" means documents issued by
				  foreign countries indicating that the bearer or the person or organization
				  named in the document is the owner of the vehicle. Examples of these documents
				  are listed for illustration purposes at subsection (c)(2).
Importer" means the party of record listed on Customs Form
				  301. The "importer does not necessarily mean the consumer who purchased the
				  vehicle. The importer of record may be the broker who handles the importation
				  for the consumer.
"International Registration Document" means an ownership
				  document. This document does not indicate whether the vehicle complies with
				  U.S. emission and safety standards.
"Manufacturer's Certificate of Origin (MCO)" means an
				  ownership document. The MCO normally is issued by the manufacturer to vehicles
				  manufactured for export to the United States. The MCO is issued to vehicles
				  which meet U.S. emission and safety standards.
"Model Year" indicates the year the vehicle was manufactured.
				  Vehicles will be designated with a particular model year pursuant to subsection
				  (d)(5).
"Safety Standards" means standards prescribed by DOT pursuant
				  to the National Traffic and Motor Vehicle Safety Act of 1966, as amended, (15
				  U.S.D. 1392, 1407 (1982)), as set forth in 49 CFR 571(1984).
"VIN" means vehicle identification number.
b) Statement of Policy
1) Federal law prohibits a conditionally
				admitted motor vehicle from being operated on the public highways or sold until
				the motor vehicle has been finally admitted into the United States. Failure to
				comply constitutes a violation of Section 203(a)(1) of the Clean Air Act (
				42 U.S.C.
				7523(a)(1)(1982) ). (See
				40 CFR
				85.1507(1984) ). Individual
				states are preempted from enforcing emission standards covered by the Clean Air
				Act. (
				42 U.S.C.
				7543(a)(1982) ). Similarly,
				vehicles are refused admission for failure to conform to safety standards
				pursuant to the National Traffic and Motor Vehicle Safety Act ( 15 U.S.C.
				1397(b)(3)(1982) ). These citations are provided for reference purposes and do
				not denote an incorporation by reference.
2) The Secretary's rules which follow do not
				represent an attempt by the State of Illinois to enforce either the Clean Air
				Act or the National Traffic and Motor Vehicle Safety Act. However, many form
				letters used by the federal agencies fail to identify the imported vehicle by
				VIN. Therefore, certain documents are required by the Secretary simply to
				ascertain that the vehicle for which title and registration is sought is the
				same vehicle admitted into the United States by Customs.