Current through Register Vol. 48, No. 38, September 20, 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.
b) Calendar Year Registration
1) The registration fees and taxes imposed
upon vehicles registered on an annual registration year basis shall be reduced
by 50 percent when the vehicle becomes subject to registration on or after June
15, but before December 1 of a given calendar year. This subsection shall apply
to passenger cars used as taxicabs or livery, and to vehicles registered with
funeral home, ambulance, or honorary consular license plates.
2) Reduced Registration
A) Within any calendar year, if an applicant
becomes the owner of a vehicle of the first division prior to June 15, and the
vehicle is in fact not used or operated on a highway of this State prior to
June 15;
B) Then the applicant
shall be entitled to a reduced registration in the manner provided for in
subsection (b)(1) above, upon compliance with the procedures of subsection
(b)(3) below.
3) Delayed
Registration Affirmation
A) If the vehicle
was purchased within six months after the application date, the applicant shall
submit a delayed registration affirmation to be eligible for reduced fees and
taxes under subsection (b)(2), above.
B) If the vehicle was purchased more than six
months prior to the application date, a delayed registration affirmation shall
not be required.
4) A
person who becomes the owner of a vehicle after December 1 of any calendar year
shall be permitted to register that vehicle for the following registration
period without being required to register the vehicle for the current or any
previous registration period.
5) If
a person becomes the owner of a vehicle before December 1 of any calendar year,
but applies for registration after December 1, then such person shall be
permitted to register that vehicle for the following registration period
without being required to register the vehicle for the current or any previous
registration period provided that the delayed registration affirmation
indicates that the vehicle has not been operated prior to December 1 or that
the purchase date is six months or more from the date of the registration
application, as provided in subsection (a)(6).
c) Registration of Motorcycles, Motor Driven
Cycles, and Pedalcycles
1) The registration
fees and taxes imposed upon motorcycles, motor driven cycles, and pedalcycles,
shall be reduced by 50 percent when the vehicle becomes subject to registration
on or after September 16 of a given calendar year but prior to March 1 of the
following calendar year.
2) Reduced
Registration
A) If an applicant becomes the
owner of a motorcycle, motor driven cycle, or a pedalcycle prior to September
16 and the vehicle is in fact not used or operated on a highway of this State
prior to September 16;
B) Then the
applicant shall be entitled to a reduced registration in the manner provided
for in subsection (c)(1) above, upon compliance with the procedures of
subsection (c)(3) below.
3) Delayed Registration Affirmation
A) If the vehicle was purchased within six
months after the application date, the applicant shall submit a delayed
registration affirmation to be eligible for reduced fees and taxes under
subsection (c)(2), above.
B) If the
vehicle was purchased more than six months prior to the application date, a
delayed registration affirmation shall not be required.
4) A person who becomes the owner of a
vehicle after March 1 of any calendar year shall be permitted to register that
vehicle for the following registration period without being required to
register the vehicle for the current or any previous registration
period.
5) If a person becomes the
owner of a vehicle before March 1 of any calendar year but applies for
registration after March 1, then such person shall be permitted to register
that vehicle for the following registration period without being required to
register the vehicle for the current or any previous registration periods
provided that the delayed registration affirmation indicates that the vehicle
has not been operated prior to March 1 or that the purchase date is six months
or more from the date of the registration application, as provided in
subsection (a)(6).