Ill. Admin. Code tit. 92 § 1010.330

Current through Register Vol. 48, No. 45, November 8, 2024
Section 1010.330 - Operation of Vehicle Without Proper Illinois Registration
a) Violations
1) It is a misdemeanor for any person to operate, or for any owner knowingly to permit to be operated, any vehicle required by the Illinois Vehicle Code to be registered in Illinois unless the vehicle is displaying proper Illinois registration.
2) Proper Illinois Registration and I.D. card for the purpose of this rule shall mean:
A) Illinois fiscal plate registration
B) Illinois prorate plate registration
C) Illinois prorate decal registration
D) Illinois reciprocity permit registration
E) Properly required Illinois trip permit
F) Illinois mileage plate registration
G) Illinois farm plate registration
H) International Registration Plan plate
I) Temporary apportionment authorization
J) Illinois temporary registration permit
3) In any case where a violation has been detected and a vehicle has been apprehended, the Secretary of State shall require, in addition to any or all other actions provided for in this Code, and in addition to any fine or penalty that may be imposed, that the vehicle in question be "properly registered" in Illinois.
4) Apprehension of any violator may result in arrest, issuance of summons and any all other penalties specified by the Illinois Vehicle Code and the Rules duly adopted and filed thereunder.
5) The Secretary of State investigator shall make a "signal 30" check in every case where the vehicle involved is from a Reciprocity or Prorate jurisdiction, and in every apprehension, where necessary, shall make a determination from the records of the Office of the Secretary of State whether the carrier is on file or not on file with the Office of the Secretary of State of Illinois.
6) Provisions of paragraph (b) of this Section shall be limited to those vehicles from jurisdictions that are eligible for proration or reciprocity or based in Illinois.
7) The provisions of paragraph (c) of this Section shall be limited to those vehicles from jurisdictions that have adopted and complied with all of the provisions of the International Registration Plan.
b) Vehicles From Jurisdictions That Are Eligible For Proration Or Reciprocity Or Based In Illinois.

Registration procedures upon apprehension for a violation of this Section, shall be required as follows:

1) Failure to Display Illinois Registration:
A) Unit Making Interstate Movement:
i) Prorate carrier on file with Illinois: ISSUE arrest citation, require addition of unit to fleet by Office of the Secretary of State and trip permit by law enforcement.
ii) Prorate carrier not on file with Illinois, unit eligible for proration: ISSUE arrest citation, and trip permit by law enforcement.
iii) Vehicle based in reciprocity jurisdiction: ISSUE arrest citation, and trip permit by law enforcement.
B) Unit Making Intrastate Movement:
i) Carrier on file with Illinois: ISSUE arrest citation, require Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
C) Illinois registration alleged lost or stolen from unit: ISSUE arrest citation, verify current registration. If verified, no further action. If no verification, consider appropriate action under paragraph (a) or (b) above.
D) Foreign based unit involved in interstate trip lease movement: ISSUE arrest citation, trip permit by law enforcement.
2) Failure to Display Valid Foreign or Illinois Base Plate:
A) Unit has no plate, fictitious plate, or expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and Illinois base plate by Office of Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Improper use (see Section 1010.450 ) of dealer plates, manufacturer plates, transporter or intransit plates, and repossessor plates by:
i) Dealer, Manufacturer, Transporter, Repossessor, licensed in Illinois: ISSUE arrest citation and require Illinois base plate by Office of the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor, licensed by a foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law enforcement.
3) Overweight on Registration:
A) Foreign base plate:
i) Carrier on file with Illinois: ISSUE arrest citation and Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Illinois base plate or prorate decal: ISSUE arrest citation and require reclassification to proper weight by Office of the Secretary of State.
4) Improper Use Of Illinois Trip Permit, expired or altered: ISSUE arrest citation and trip permit by law enforcement.
5) For the purposes of this Section, display of registration for reciprocity carriers shall mean the possession of a reciprocity permit in the cab of the vehicle.
c) Vehicles From Jurisdictions That Have Adopted and Complied With All Provisions Of International Registration Plan.

Registration procedures upon apprehension for a violation of this Section shall be required as follows:

1) Failure to Display Illinois Registration:
A) Unit Making Interstate or Intrastate Movement:
i) Carrier on file with Illinois, unit not apportioned: ISSUE arrest citation, require addition of unit to fleet by Office of the Secretary of State and trip permit by law enforcement.
ii) Carrier not on file with Illinois: ISSUE arrest citation and trip permit by law enforcement.
B) Registration or I.D. Card lost or stolen from unit: ISSUE arrest citation, verification of current registration by law enforcement. If verified, no further action will be taken. If no verification, appropriate action under (A) above will be considered.
C) Foreign based unit involved in interstate trip lease movement: ISSUE arrest citation, and trip permit by law enforcement.
2) Failure to Display Valid Base Plate:
A) Unit has no plate, a fictitious plate, or an expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and require addition of unit to fleet by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois fiscal plate by law enforcement.
B) Improper use (See Section 1010.450) of dealer plates, manufacturer plates, transporter or intransit plates, and repossessor plates by:
i) Dealer, Manufacturer, Transporter, Repossessor licensed in Illinois: ISSUE arrest citation and require Illinois base plate by Office of the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor licensed in a foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law enforcement.
3) Overweight on Registration:
A) Foreign base plated:
i) Carrier apportioned in Illinois, unit not apportioned in Illinois: ISSUE arrest citation and require addition of unit to fleet at appropriate weight by Office of the Secretary of State.
ii) Carrier and unit not apportioned in Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Overweight on Illinois base plate or Illinois I.D. card: ISSUE arrest citation and require reclassification to proper weight by Office of the Secretary of State.
4) Improper use of Illinois Trip Permit, expired or altered: ISSUE appropriate arrest citation and trip permit by law enforcement.
5) Carrier may request an administrative hearing hereunder pursuant to Section 2-118 of the Illinois Vehicle Code.

Ill. Admin. Code tit. 92, § 1010.330

Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980