Current through Register Vol. 48, No. 38, September 20, 2024
a) All
entities authorized to issue Temporary Registration Permits (TRPs) must
designate a single individual as the primary individual responsible for
issuing, tracking and managing TRPs, 7-day permits, and/or 30-day permits. This
individual shall be referred to as a Superuser and will act as the primary
contact on behalf of the authorized entity and the Secretary of State
(SOS).
b) All entities authorized
to issue a TRP shall be issued a Superuser username by the SOS. The Superuser
may designate to SOS additional issuers; however, only individuals with a valid
username may issue a TRP from inventory allocated to each licensed entity. Each
Superuser and additional issuer of the TRP system must sign a separate
acknowledgment stating that the individual understands the processes and
procedures governing TRP issuance, is 18 years of age or older, and understands
that a violation of this Part or of any provision of the Illinois Vehicle Code
related to issuing registrations may result in the Superuser, the additional
issuer, and/or the authorized entity receiving a suspension or revocation of
TRP privileges.
c) If the SOS
determines that a Superuser, additional issuer, or authorized entity has
permitted an unauthorized individual to issue a TRP on the Superuser's or an
additional issuer's behalf, then the SOS shall suspend the authorized entity's
access to the TRP program for a period of 30 days. Any entity that is found to
have employed a Superuser or additional issuer who has violated this provision
twice within 5 years shall have access to the TRP program denied
permanently.
d) All Superusers and
those designated by a Superuser as an additional issuer shall complete a free,
annual training session including, but not limited to, the operations of the
TRP system, the statutes pertaining to motor vehicle registration, TRPs, and
this Part.
e) Prior to obtaining a
Superuser username, a Superuser must complete in-person training. Going
forward, the Superuser will be required to attend an online training annually.
If a new additional issuer is created by the Superuser, that new user has 60
days from the creation date to complete the online training. Going forward, an
additional issuer must take the online training annually. Any Superusers or
additional users who have committed any violations of this section in the past
year may be required to take in-person training.
f) A licensed dealer under the Illinois
Vehicle Code may void, within 15 days or 500 miles after the issue date of the
TRP, a TRP that has been issued to a vehicle owner and corresponding vehicle,
if the vehicle owner determines that the vehicle meets the requirements of
Section 2L of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS
505 ]. A licensed dealer under the Illinois Vehicle Code may void, within 15
days after the issue date of the TRP, a TRP that has been issued to a vehicle
owner and corresponding vehicle for any other reason allowed under State
statute. A licensed dealer shall be required to retain documentation that the
customer signs stating that he or she is returning the vehicle to the licensed
dealer pursuant to Section 2L or another specified statutorily authorized
reason. This disclosure shall be retained with all other statutorily required
documentation pertaining to the licensed dealer's record keeping
requirements.
g) A licensed dealer
may not void a TRP for a vehicle owner and corresponding vehicle if the sole
reason the vehicle is returned to the licensed dealer is the vehicle
purchaser's inability to secure financing for the vehicle. If, after the TRP is
issued, the vehicle purchaser is ultimately unable to secure financing and must
return the vehicle, the licensed dealer must still transmit the appropriate
title and registration fees to SOS and any applicable sales taxes to the
Illinois Department of Revenue before another TRP may be issued to a new
vehicle owner for the same vehicle.
h) In addition to the issuance of TRPs to
specific applicants, the SOS may supply, upon request, TRP plates to the
following for issuance by them, provided they have the necessary computer
hardware, software and communication devices for accessing the SOS Internet
site for the registration of TRP plates and titling:
1) Licensed vehicle dealers registered and in
good standing with SOS. Each dealer may issue TRPs only to persons purchasing
vehicles from that dealer and only after application for title and registration
has been completed. All TRPs that are issued must be accompanied by a
corresponding document number for the accompanying application for a
certificate of title. All dealers receiving TRPs shall maintain records as
required by 92 Ill. Adm. Code
1019.40
reflecting the information required for completion of the receipt form for a
TRP plate. Failure to do so may result in the denial, revocation, or suspension
of a dealer's license under IVC Section 5-501.
2) Licensed remittance agents registered and
in good standing with the SOS. Each remittance agent may issue TRPs only to
persons whose applications the remittance agent accepts for transmittal to SOS.
All TRPs that are issued must be accompanied by a corresponding document number
for the accompanying application for a certificate of title. All Remittance
Agents receiving TRPs shall maintain records reflecting the information
required for completion of the receipt form for a TRP. Failure to do so may
result in the denial, revocation, or suspension of a Remittance Agent's license
under IVC Sections 3-906 and 3-907.
3) Currency exchanges licensed by, and in
good standing with, the Department of Financial and Professional Regulation.
Currency exchanges shall complete and submit an application in a manner
prescribed by the SOS to be eligible to receive TRPs. Each currency exchange
may issue TRPs only to persons whose applications the currency exchange accepts
for transmittal to SOS. A TRP may only be issued in connection with an
application for title and registration or registration only, but may not be
issued in connection with an application for renewal of a registration. All
TRPs that are issued must be accompanied by a corresponding document number for
the accompanying application for a certificate of title. All currency exchanges
receiving TRPs shall maintain records of their issuance reflecting the
information required for completion of the receipt form for a TRP
plate.
i) Authorized
Superusers of Temporary Permits must be in compliance with the following:
1) Within two business days after receipt of
TRP plates from the SOS the Superuser shall access the SOS Internet site for
the registration of TRP plates and acknowledge receipt of the plates.
A) The issuer shall store the TRP plates in a
secure location to prevent theft, loss or misuse of the plates. TRPs shall not
be accessible to the general public or any individual who has not been issued a
Superuser's, or an additional issuer's, username by the SOS.
B) TRP plates shall be issued in numerical
sequence as received from SOS.
C)
Holders of TRPs shall be limited to a 90-day inventory based on self-reported
annual sales.
D) TRP plates shall
be issued only in conjunction with applications for vehicle registration and
all required information regarding the TRP plate shall be completed on the
vehicle registration application form.
E) Any information that is found to be
inaccurate in order to circumvent the TRP system shall result in suspension of
the TRP system. A second or subsequent violation of this subsection (i)(1)(E)
within 5 years shall result in denial of access to the TRP system.
2) Contemporaneously with the
issuance of a TRP plate, the Superuser or additional issuer shall access the
SOS TRP Account Login for the registration of TRP plates and enter all
requested information with regard to the vehicle for which the TRP plate was
issued and the individuals or entity to which the TRP plate was issued. When
accessing the SOS Internet site and entering information, a Superuser or
additional issuer shall comply with all protocols provided by the SOS,
including, but not limited to, user identification procedures and
passwords.
3) Prior to delivering a
TRP plate to the applicant or attaching a TRP plate to a vehicle, the Superuser
or additional issuer shall affix the TRP to the corresponding vehicle.
A) All information required on the TRP must
be electronically printed on the TRP; and
B) Under no circumstances shall the Superuser
or an additional issuer provide or issue a second or subsequent TRP to the same
owner and vehicle as the initial issuance.
4) TRP plates issued for motor driven cycles
or motorcycles shall be of the reduced size designed for motor driven cycles or
motorcycles.
5) TRP plates shall be
issued only by the Superuser or additional issuer assigned by the licensed
dealer, remittance agent, or currency exchange that received the TRP from the
SOS.
6) TRP plate receipt forms
shall contain all of the information requested, where applicable. The original
of the plate receipt form shall be given to the applicant and the copy shall be
maintained by the Superuser or additional issuer.
7) TRP plate receipt forms shall bear the
name of the Superuser's licensed entity and the licensee's or Agent number
issued by SOS.
8) The Superuser or
additional issuer of TRPs shall reimburse SOS $151 per TRP lost, missing,
stolen or destroyed. All TRPs designated as lost, missing, stolen or destroyed,
or otherwise unaccounted for, shall be billed automatically on a monthly basis.
The SOS shall have the discretion to waive this fee upon satisfactory proof
that the TRPs were destroyed by fire or flood, or stolen in connection with a
theft on the premises. In the decision to waive the fee, the SOS shall consider
whether an insurance claim or police report was filed, or other evidence
suggesting that the authorized licensed entity's loss is the result of fire,
flood or theft on the premises.
9)
An authorized licensed entity shall maintain for 3 years copies of receipt
forms for all TRP plates issued.
10) When the authorized licensed entity is no
longer engaged in the business of issuing TRPs, the authorized licensed entity
shall return all unissued TRP plates to SOS. An authorized licensed entity
shall bear risk of loss until all TRPs are received by SOS. All TRPs shall be
returned to the following address:
Illinois Secretary of State
Attn: TRP Return Unit
501 S. 2nd Street
Springfield IL 62756
11) Any entity licensed under Chapter 5 of
the IVC shall issue Illinois residents only Illinois TRPs or 7-day drive away
permits. A licensee may issue a 30-day drive away permit to non-residents or as
set forth in Section
1010.425
of this Administrative Code. Any licensee that issues a temporary registration
permit or 7-day drive away permit originating from another state to an IL
resident shall receive a 90-day suspension from access to the Secretary's TRP
system. A second or subsequent violation of this provision shall result in a
30-day suspension of the license issued under Chapter 5 of the
IVC.
j) SOS shall have
free access to the offices and places of business to examine fully all TRP
books and other business records, documents and files of the licensed entity to
determine whether the licensed entity is complying with this Section.
k) The licensed entity is responsible for
acts or omissions of its Superuser or additional issuers while engaged in the
distribution of TRPs.
l) Denial or
Revocation of the Authority to Issue Temporary Permits
1) SOS may refuse to issue TRPs to any
dealer, remittance agent or currency exchange that has committed any violation
of IVC Chapter 3 or Chapter 5 or any administrative rule adopted pursuant to
those statutes. SOS may demand the return of any unused TRPs from any dealer,
remittance agent or currency exchange for any violation of IVC Chapter 3 or
Chapter 5 or any administrative rule adopted pursuant to those statutes, or for
any other violation relating to the use or issuance of TRPs.
2) If the SOS refuses to issue or revokes
unused TRPs, he or she shall so order in writing and notify the dealer,
remittance agent or currency exchange by U.S. Mail. A dealer, remittance agent
or currency exchange may request an administrative hearing to review the
order.
3) If the SOS revokes unused
TRPs, the affected dealer, remittance agent or currency exchange shall not be
entitled to apply for or issue any TRPs for a period of 90 days following
receipt of the revocation order. A second or subsequent offense resulting in
the revocation of TRPs may result in the dealer, remittance agent or currency
exchange being prohibited from receiving any TRPs from SOS.
4) SOS personnel may initiate an action
against a dealer, remittance agent or currency exchange by filing a complaint
with the SOS Administrative Hearings Department. Thereafter, a notice of
hearing shall be issued to the dealer, remittance agent or currency exchange
specifying the alleged violation. The dealer, remittance agent or currency
exchange shall be entitled to an administrative hearing pursuant to IVC Section
2-118 and 92 Ill. Adm. Code 1001.
m) Violations of Entering Temporary Permit
Required Information
1) Any entity that issues
a TRP without a corresponding application for a certificate of title shall be
assessed the appropriate certificate of title fee for the vehicle that was
issued the TRP.
2) The penalty for
entering false, misleading or deceptive information, whether the information
pertains to the vehicle owner or the vehicle, shall include a 90-day suspension
of access to the TRP system.
3) The
penalty for a lost, missing, stolen or destroyed TRP from an entity's inventory
shall be $151, the cost of a plate and registration.
4) The penalty for issuing a TRP without
following the proper SOS procedures is as follows:
|
Occurrence
|
-
|
Penalty
|
|
1st Occurrence, single
violation
|
-
|
Written warning, $175 fine
|
|
1st Occurrence, 2-5
violations
|
-
|
7-day suspension, $175 fine per violation
|
|
1st Occurrence, 5-10
violations
|
-
|
30-day suspension, $175 fine per violation
|
|
1st Occurrence, 10+
violations
|
-
|
90-day suspension, $175 fine per violation
|
|
2nd Occurrence
|
-
|
30-day suspension, $175 fine per violation
|
|
2nd Occurrence, 10+
violations
|
-
|
90-day suspension, $175 fine per violation
|
|
3rd Occurrence
|
-
|
90-day suspension, $175 fine per violation
|
|
4th Occurrence
|
-
|
Revocation of TRP Access
|
