Section 1010.421 Issuance of Temporary Registration Permits by Persons or Entities Other Than the Secretary of State

Section 1010

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES

SECTION 1010.421 ISSUANCE OF TEMPORARY REGISTRATION PERMITS BY PERSONS OR ENTITIES OTHER THAN THE SECRETARY OF STATE

Section 1010.421  Issuance of

Temporary Registration Permits by Persons or Entities Other Than the Secretary

of State

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

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

cle, 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

ed 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

-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

y 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

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

RP 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. 2

nd

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

r 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

TRP

s 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

ttance 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

1

st

Occurrence,

single violation

Written warning, $175 fine

1

st

Occurrence,

2-5 violations

7-day suspension, $175 fine

per violation

1

st

Occurrence,

5-10 violations

30-day suspension, $175 fine

per violation

1

st

Occurrence,

10+ violations

90-day suspension, $175 fine

per violation

2

nd

Occurrence

30-day suspension, $175 fine

per violation

2

nd

Occurrence,

10+ violations

90-day suspension, $175 fine

per violation

3

rd

Occurrence

90-day suspension, $175 fine

per violation

4

th

Occurrence

Revocation of TRP Access