Section 1010.705 Reciprocity

Section 1010

Section 1010.705  Reciprocity

a)         Definition and Application

1)         "Reciprocity" means the reciprocal exemption by the

Secretary of State of Illinois, from registration requirements and from

payment, wholly or partially, of any taxes or fees or other charges therefor,

as to any vehicle "properly registered" by the "owner" in a

Reciprocating State and operated in Illinois in "interstate

commerce".

2)         A foreign registered vehicle is eligible for

"Reciprocity" at all times when operated in Illinois in

"interstate commerce" if:

A)        Such operation is pursuant to an Illinois Agreement,

Arrangement or Declaration; and

B)        Such vehicle is duly and "properly registered" by the

"owner" in a Reciprocating State; and

C)        Such vehicle displays the valid and current registration plates

and card issued by the Reciprocating State; and

D)        Only if the Reciprocating State grants like privileges to

Illinois residents and to vehicles "properly registered" in Illinois.

3)         A foreign registered truck, truck-tractor, or motor bus

eligible for "reciprocity" and having a gross weight of 12,001 pounds

or more must also possess in the cab of the vehicle the current and valid

Illinois reciprocity permit.

b)         "Properly Registered" and Proration of

Registrations.

1)         A foreign registered vehicle is "properly

registered" if:

A)        Registered in a Reciprocating State pursuant to law, or to an

Illinois Reciprocity Agreement, Arrangement or Declaration; or

B)        Registered in a Reciprocating State and part of a fleet owned or

operated by the same person who registers that fleet prorata among the various

states in which such fleet operates including the State of Illinois; or

C)        Registered in a Reciprocating State as part of a fleet of

vehicles, a portion of which are registered in Illinois under proration

provisions of an Illinois Agreement or Arrangement; and

D)        Registered for the proper gross weight being imposed upon the

hig

n who registers that fleet prorata among the various

states in which such fleet operates including the State of Illinois; or

C)        Registered in a Reciprocating State as part of a fleet of

vehicles, a portion of which are registered in Illinois under proration

provisions of an Illinois Agreement or Arrangement; and

D)        Registered for the proper gross weight being imposed upon the

highways of the State of Illinois.

2)         Leases vehicles shall be "properly registered" only

if registered by the lessee, who has or is entitled to possession and control.

However, where the lessor leases his vehicles only on a one-way basis or only

for daily rental, then the said leased vehicles shall be "properly

registered" by the lessor.

3)         Any fleet of vehicles operated interstate may be eligible for

proration of registrations in Illinois pursuant to Illinois Agreements,

Arrangement or Declarations; and in addition:

A)        A "mixed fleet", that is, one registered prorata and

operated into Illinois, must be prorated with Illinois;

B)        A fleet required to be prorated under an Illinois Agreement or

Arrangement, must be prorated with Illinois.

C)        A fleet from a state granting partial "Reciprocity"

to Illinois and Illinois registered vehicles may be prorated with Illinois in

lieu of full registration, and in such event, the Illinois registration fee

shall be waived and only the Illinois flat weight tax prorated.

4)         Only a vehicle in such a fleet operated interstate that has a

combined gross weight, singly or in combination, together with load, of 12,001

pounds or more, and which will be operated in Illinois, may be included in a

prorate application.

5)         A vehicle with a current and valid Illinois one-trip permit

shall be deemed as being properly registered for that one trip

ax prorated.

4)         Only a vehicle in such a fleet operated interstate that has a

combined gross weight, singly or in combination, together with load, of 12,001

pounds or more, and which will be operated in Illinois, may be included in a

prorate application.

5)         A vehicle with a current and valid Illinois one-trip permit

shall be deemed as being properly registered for that one trip.

6)         Fleets of leased vehicles shall be eligible for proration of

registrations with Illinois as follows:

A)        Where the fleet is operated by the lessee, then the application

shall be filed by the lessee; and

B)        Where the vehicles in such fleet are leased for one-way hauls

or for daily-use and to persons who are not fleet operators, then the

application shall be filed by the lessor.

c)         Agreements and Arrangement

1)         Reciprocity Agreements or Arrangements negotiated by the

Secretary of State with other States, shall be in writing, and shall become

effective when signed by the Secretary of State and the administrator of the

Reciprocating State.

2)         Non-resident owned vehicles shall be required in such

Agreements or Arrangements as are operated in intrastate commerce, to be

registered in Illinois except as specifically exempted by Section 3-402 B(3)(d)

of the Code.

3)         Leases vehicles shall be registered by the Lessee where the

Lessee has or is entitled to possession and control.

d)         Declarations

Declarations issued by the Secretary of State may include

without limitation, any or all exemptions, benefits or privileges as may be

included in a written Agreement or Arrangement, and shall be filed with the

Administrator of the State or States affected

Leases vehicles shall be registered by the Lessee where the

Lessee has or is entitled to possession and control.

d)         Declarations

Declarations issued by the Secretary of State may include

without limitation, any or all exemptions, benefits or privileges as may be

included in a written Agreement or Arrangement, and shall be filed with the

Administrator of the State or States affected.

e)         Copies of Documents

Copies of all Illinois Agreements, Arrangements, or

Declarations shall be on file with the Index Department of the Office of the

Secretary of State, in Springfield, Illinois, and shall be available to the

public upon request for inspection during business hours, or for purchase of

copies thereof.

f)         Plates for Foreign Registered Vehicles

1)         Foreign registered trucks and truck tractors entitled to

Reciprocity, having a combined gross vehicle weight, singly or in combination

together with load, of 12,001 pounds or more, shall display:

A)        The current and valid registration plates and card of the

reciprocating State; or

B)        The current and valid Illinois Prorate Decal and Card.

2)         Reciprocity Permits are issued for one or more years, whereas

Prorate Decals and Cards are issued only on a calendar year basis.

3)         Illinois Registration plates issued to trucks and truck

tractors, semitrailers and trailers and registered under a prorate registration

or under apportionment, shall be on a calendar year basis.  All other such

registration plates shall be on a fiscal year basis commencing July 1 of each

year.

4)         Any Reciprocity Permit or Prorate Decal and card therefor,

shall be subject to revocation as to any vehicle operated wilfully in violation

of the terms of any Illinois Agreement, Arrangement or Declaration, or in

violation of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981,

ch. 95½, pars. 18-100 et seq.)

all be on a fiscal year basis commencing July 1 of each

year.

4)         Any Reciprocity Permit or Prorate Decal and card therefor,

shall be subject to revocation as to any vehicle operated wilfully in violation

of the terms of any Illinois Agreement, Arrangement or Declaration, or in

violation of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981,

ch. 95½, pars. 18-100 et seq.).

g)         Exempt from Illinois Reciprocity Permit requirements are the

following foreign-plated vehicles:

1)         Vehicles owned by another State.

2)         Vehicles owned by a local government unit of another State.

3)         School buses.

4)         Vehicles owned by the Federal Government.

5)         Tow trucks or wreckers making an occasional interstate tow.

6)         2 axle farm trucks hauling livestock, not-for-hire, to an

Illinois point of sale or processing and return to the farm in the other State.

7)         Semitrailers drawn by a properly registered truck tractor.

8)         Tractors towed by a properly registered truck or truck tractor

semi combination.

9)         Auxiliary axles in a combination with a properly registered

truck tractor or semitrailer.

h)         Exempt from Illinois prorate Decal Requirements are the

following foreign-plated vehicles:

1)         Vehicles owned by another State.

2)         Vehicles owned by a local government unit of another State.

3)         School Buses.

4)         Vehicles owned by the Federal Government.

5)         Tow trucks or wreckers making an occasional interstate tow.

6)         2 axle farm trucks hauling livestock, not-for-hire, to an

Illinois point of sale or processing and return to the farm in the other State.

7)         Semitrailers drawn by a properly registered truck tractor.