(625 ILCS 5/Ch. 3 heading)
(625 ILCS 5/Ch. 3 Art. I heading)
(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions. For the purposes of this Chapter, the following words shall
have the meanings ascribed to them:
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other form of technology that entails capabilities
similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by electronic means for use in an information system or for
transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
"Owner" means a person who holds legal document of ownership of a vehicle,
limited to a certificate of origin, certificate of title, salvage certificate,
or junking certificate. However, in the event a vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of such vehicle
is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this Chapter,
except as provided under paragraph (c) of Section 3-118.
"Record" means information that is inscribed, stored, or otherwise fixed
on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
"Signature" or "signed" includes any symbol executed or adopted, or any
security procedure employed or adopted, using electronic means or
otherwise, by or on behalf of a person with intent to authenticate a
record.
"Vehicle" means a vehicle as defined in Section 1-217 of this Code. Unless otherwise specified, "vehicle" also means a "manufactured home" as defined in Section 1-144.03 of this Code.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-100.1)
Sec. 3-100.1. Use of electronic records.
(a) To the extent authorized by the Secretary of State and in accordance
with standards and procedures prescribed by the Secretary of State:
(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection (a) as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary.
(b) Electronic records accepted by the Secretary of State have the
same force and effect as records created on paper by writing, typing,
printing, or similar means. The procedures established by the
Secretary of State concerning the acceptance of electronic filings
and electronic records shall ensure that the electronic filings and
electronic records are received and stored accurately and that they
are readily available to satisfy any statutory requirements that call
for a written record.
(c) Electronic signatures accepted by the Secretary of State shall have the
same force and effect as manual signatures.
(d) Electronic delivery of records accepted by the Secretary of State shall
have the same force and effect as physical delivery of records.
(e) Electronic records and electronic signatures accepted by the Secretary
of State shall be admissible in all administrative, quasi-judicial,
and judicial proceedings. In any such proceeding, nothing in the
application of the rules of evidence shall apply so as to deny the
admissibility of an electronic record or electronic signature into
evidence on the sole ground that it is an electronic record or
electronic signature, or on the grounds that it is not in its
original form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the trier
of fact.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.
(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
submitters.
(a) No later than July 1, 2022, the Secretary of State shall require a licensee under Chapter 3 or 5 of this Code to submit
any record required to be submitted to the Secretary of State by
using electronic media deemed feasible by the Secretary of State. The Secretary of State may also require the licensee to submit the original paper
record. The Secretary of State shall also require a
person or licensee to receive any record to be provided by the Secretary of State
by using electronic media deemed feasible by the Secretary of State,
instead of providing the original paper record.
(b) No later than July 1, 2022, electronic submittal, receipt, and delivery of records and electronic
signatures shall be supported by a signed agreement between the Secretary of State
and the submitter. The agreement shall require, at a minimum, each
record to include all information necessary to complete a
transaction, certification by the submitter upon its best knowledge as to the
truthfulness of
the data to be
submitted to the Secretary of State, and retention by the submitter of
supporting records.
(c) No later than July 1, 2022, the Secretary of State shall establish minimum
transaction volume levels, audit and security
standards, technological requirements, and other terms
and conditions he or she deems necessary for approval of the
electronic delivery process.
(d) When an agreement is made to accept electronic
records, the Secretary of State shall not be required
to produce a written record for
the submitter with whom the Secretary of State has
the agreement until requested to do so by the submitter.
(e) No later than July 1, 2022, the Secretary of State shall
provide electronic notification to the
lienholder submitter to verify the notation and perfection of the lienholder's
security interest in a vehicle on the certificate of title required to be created as an
electronic record under Section 3-100.1. Upon receipt of an electronic message from a lienholder
submitter with a security interest in a vehicle for which the certificate of
title is an electronic record that the lien should be released, the Secretary
of State shall enter the appropriate electronic record of the release of lien
and print and mail a paper certificate of title to the owner or lienholder at
no expense. The Secretary of State may also mail the certificate to any other
person that delivers to the Secretary of State an authorization from the owner
to receive the certificate. If another lienholder holds a properly perfected
security interest in the vehicle as reflected in the records of the Secretary
of State, the certificate shall be delivered to that lienholder instead of the
owner.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.
(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
(625 ILCS 5/3-100.3)
Sec. 3-100.3.
Rules.
The Secretary of State may adopt rules to implement
this Article.
(Source: P.A. 91-772, eff. 1-1-01.)
(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
Sec. 3-101. Certificate of title required.
(a) Except as provided in Section 3-102, every owner of a vehicle which
is in this State and for which no certificate of title has been issued by
the Secretary of State shall make application to the Secretary of State
for a certificate of title of the vehicle.
(b) Every owner of a motorcycle or motor driven cycle purchased new
on and after January 1, 1980 shall make application to the Secretary of
State for a certificate of title. However, if such cycle is not properly
manufactured or equipped for general highway use pursuant to the provisions
of this Act, it shall not be eligible for license registration, but shall
be issued a distinctive certificate of title except as provided in Sections
3-102 and 3-110 of this Act.
(c) The Secretary of State shall not register or renew the registration
of a vehicle unless a certificate of title has been issued by the Secretary
of State to the owner or an application therefor has been delivered by the
owner to the Secretary of State.
(d) Every owner of an all-terrain vehicle or off-highway motorcycle
purchased on or after January 1, 1998 shall make application to the
Secretary of State for a certificate of title.
(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.
(Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
Sec. 3-102. Exclusions. No certificate of title need be obtained for:
(625 ILCS 5/3-103) (from Ch. 95 1/2, par. 3-103)
Sec. 3-103. Optional certificate of title.
(a) The owner of an implement of husbandry or special mobile equipment may
apply for and obtain a certificate of title on it. All of the provisions of
this chapter, except part (e) of Section 3-104, are applicable to a
certificate of title so issued, except that a person who receives a
transfer of an interest in the vehicle without knowledge of the certificate
of title is not prejudiced by reason of the existence of the certificate,
and the perfection of a security interest under this Act is not effective
until the lienholder has complied with the provisions of applicable law
which otherwise relate to the perfection of security interests in personal
property.
An application for an optional certificate of title must be accompanied
by either an exemption determination from the Department of Revenue showing
that no tax imposed under the "Use Tax Act" or the "Retailers' Occupation
Tax Act" is owed by anyone with respect to that vehicle or by a receipt
from the Department of Revenue showing that any tax so imposed has been
paid. No optional certificate of title shall be issued in the absence of
such a receipt or exemption determination.
If the proof of payment or of nonliability is, after the issuance of the
optional certificate of title, found to be invalid, the Secretary of State
shall revoke the optional certificate of title and require that it be
returned to him.
(b) The owner of a manufactured home which is affixed to a permanent foundation and for which a certificate of title has not previously been issued and surrendered for cancellation may apply for a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, which shall be issued for the sole purpose of (i) surrendering such certificate of title for cancellation in accordance with Section 3-116.2 or (ii) satisfying the requirements of subdivision (e)(4) of Section 9-334 of the Uniform Commercial Code. The Secretary of State shall issue a certificate of title, in accordance with this Chapter, upon satisfaction of the application requirements of this Code.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a vehicle in this
State must be made by the owner to the Secretary of State on the form
prescribed and must contain:
(a-5) The Secretary of State shall designate on the prescribed application form a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(b) If the application refers to a vehicle purchased from a dealer,
it must also be signed by the dealer as well as the owner, and the dealer must
promptly mail or deliver the application and required documents to the
Secretary of State.
(c) If the application refers to a vehicle last previously
registered in another State or country, the application must contain or
be accompanied by:
(d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other documents
as required and acceptable by the Secretary of State, with such
assignments as may be necessary to show title in the applicant.
(e) If an application refers to a vehicle rebuilt from a vehicle
previously salvaged, that application shall comply with the provisions
set forth in Sections 3-302 through 3-304 of this Code.
(f) An application for a certificate of title for any vehicle,
whether purchased in Illinois or outside Illinois, and even if
previously registered in another State, must be accompanied by either an
exemption determination from the Department of Revenue showing that no
tax imposed pursuant to the Use Tax Act or the vehicle use tax imposed by
Section 3-1001 of the Illinois Vehicle Code is owed by anyone with respect to
that vehicle, or a receipt from the Department of Revenue showing that any tax
so imposed has been paid. An application for a certificate of title for any
vehicle purchased outside Illinois, even if previously registered in another
state, must be accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to the Municipal Use
Tax Act or the County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing that any tax so
imposed has been paid. In the absence of such a receipt for payment or
determination of exemption from the Department, no certificate of title shall
be issued to the applicant.
If the proof of payment of the tax or of nonliability therefor is,
after the issuance of the certificate of title and display certificate
of title, found to be invalid, the Secretary of State shall revoke the
certificate and require that the certificate of title and, when
applicable, the display certificate of title be returned to him.
(g) If the application refers to a vehicle not manufactured in
accordance with federal safety and emission standards, the application must
be accompanied by all documents required by federal governmental
agencies to meet their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at public sale by a
sheriff, it must be accompanied by the required fee and a bill of sale
issued and signed by a sheriff. The bill of sale must identify the new
owner's name and address, the year model, make and vehicle identification
number of the vehicle, court order document number authorizing such sale,
if applicable, and the name and address of any lienholders in order of
priority, if applicable.
(i) If the application refers to a vehicle for which a court of law
determined the ownership, it must be accompanied with a certified copy of
such court order and the required fee. The court order must indicate the
new owner's name and address, the complete description of the vehicle, if
known, the name and address of the lienholder, if any, and must be signed
and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at public auction pursuant
to the Labor and Storage Lien (Small Amount) Act, it must be
accompanied by an affidavit or affirmation furnished by the Secretary of
State along with the
documents described in the affidavit or affirmation and the required fee.
(k) The Secretary may provide an expedited process for the issuance of vehicle titles. Expedited title applications must be delivered to the Secretary of State's Vehicle Services Department in Springfield by express mail service or hand delivery. Applications must be complete, including necessary forms, fees, and taxes. Applications received before noon on a business day will be processed and shipped that same day. Applications received after noon on a business day will be processed and shipped the next business day. The Secretary shall charge an additional fee of $30 for this service, and that fee shall cover the cost of return shipping via an express mail service. All fees collected by the Secretary of State for expedited services shall be deposited into the Motor Vehicle License Plate Fund. In the event the Vehicle Services Department determines that the volume of expedited title requests received on a given day exceeds the ability of the Vehicle Services Department to process those requests in an expedited manner, the Vehicle Services Department may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(l) If the application refers to a homemade trailer, (i) it must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, (ii) the trailer must be inspected by a Secretary of State employee prior to the issuance of the title, and (iii) upon approval of the Secretary of State, the trailer must have a vehicle identification number, as provided by the Secretary of State, stamped or riveted to the frame.
(m) The holder of a Manufacturer's Statement of Origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such Manufacturer's Statement of Origin so delivered holds it in trust for the person delivering it.
(n) Within 45 days after the completion of the first retail sale of a manufactured home, the Manufacturer's Statement of Origin to that manufactured home must be surrendered to the Secretary of State either in conjunction with an application for a certificate of title for that manufactured home or in accordance with Section 3-116.1.
(o) Each application for certificate of title for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a certificate of title.
(p) The Secretary, at the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-104.1) (from Ch. 95 1/2, par. 3-104.1)
Sec. 3-104.1.
(Repealed).
(Source: P.A. 83-449. Repealed by P.A. 90-665, eff. 1-1-99.)
(625 ILCS 5/3-104.5)
Sec. 3-104.5. Application NMVTIS warnings or errors.
(a) Each application for a certificate of title or a salvage certificate for a motor vehicle that is verified by the National Motor Vehicle Title Information System (NMVTIS) that is returned with a warning or error shall be reviewed by the Secretary of State, or his or her designees, as to whether the warning or error warrants a change to the type of title or brand that is issued to a motor vehicle. If the Secretary needs supplemental information to verify or corroborate the information received from a NMVTIS report, then the Secretary may use any available commercial title history services or other Secretary of State resources to assist in determining the vehicle's proper designation.
(b) Any motor vehicle application for a certificate of title or a salvage certificate that another state has previously issued a title or brand indicating that the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall receive a title with a "prior out of state junk" brand if that history item was issued 120 months or more before the date of the submission of the current application for title.
(c) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating that another state has previously issued a title or brand indicating the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall be issued a junk certificate that reflects the motor vehicle's structural history, if the previously issued title or brand from another state was issued less than 120 months before the date of the submission of the current application for title.
(d) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating a brand or label from another jurisdiction, that does not have a similar or comparable brand or label in this State, shall include a notation or brand on the certificate of title stating "previously branded".
(e) Any motor vehicle that is subject to the federal Truth in Mileage Act, and is returned with a NMVTIS warning or error indicating the stated mileage of the vehicle on the application for certificate of title is 1,500 or fewer miles less than a previously recorded mileage for the vehicle, shall be deemed as having an acceptable margin of error and the higher of the 2 figures shall be indicated on the new certificate of title, if the previous mileage was recorded within 90 days of the date of the current application for title and if there are no indications of fraud or malfeasance, or of altering or tampering with the odometer.
(f) Any applicant for a certificate of title or a salvage certificate who receives an alternative salvage or junk certificate, or who receives a certificate of title with a brand or label indicating the vehicle was previously rebuilt prior out of state junk, previously branded, or flood, may contest the Secretary's designations by requesting an administrative hearing under Section 2-116 of this Code.
(g) The Secretary may adopt any rules necessary to implement this Section.
(h) The Secretary, in the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-105) (from Ch. 95 1/2, par. 3-105)
Sec. 3-105.
Examination of records.
The Secretary of State, upon receiving application for a first
certificate of title, shall check the identifying number of the vehicle
shown in the application against the records of vehicles required to be
maintained by Section 3-107 and against the record of stolen and converted
vehicles required to be maintained by Section 4-107.
(Source: P.A. 76-1586.)
(625 ILCS 5/3-106) (from Ch. 95 1/2, par. 3-106)
Sec. 3-106. Certificate of title - Issuance - Records.
(a) The Secretary of State shall file each application received and,
when satisfied as to its genuineness and regularity, and that no tax
imposed by the "Use Tax Act" or the vehicle use tax, as imposed by Section
3-1001 of "The Illinois Vehicle Code", or pursuant to the "Municipal Use
Tax Act" or pursuant to the "County Use Tax Act" is owed as evidenced by
the receipt for payment or determination of exemption from the Department
of Revenue provided for in Section 3-104 of this Act, and that the
applicant is entitled to the issuance of a certificate of title, shall
issue a certificate of title of the vehicle.
(b) The Secretary of State shall maintain a record of all
certificates of title issued by him under a distinctive title number
assigned to the vehicle; and, in the discretion of the Secretary of
State, in any other method determined.
(c) The Secretary of State shall not issue a certificate of title, including a certificate of title issued in accordance with subsection (b) of Section 3-109, to a manufactured home for which there has been recorded an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(d) The Secretary of State shall file, upon receipt, each affidavit of affixation and each affidavit of severance relating to a manufactured home that is delivered in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, when satisfied as to its genuineness and regularity.
(e) The Secretary of State shall maintain a record of each affidavit of affixation and each affidavit of severance filed in accordance with subsection (d) of this Section. The record shall state the name of the owner of the related manufactured home, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes.
(f) The Secretary of State shall file, upon receipt, each application for surrender of the Manufacturer's Statement of Origin relating to a manufactured home that is delivered in accordance with Section 3-116.1, when satisfied as to its genuineness and regularity.
(g) The Secretary of State shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with Section 3-116.2, when satisfied as to its genuineness and regularity.
(h) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each Manufacturer's Statement of Origin accepted for surrender as provided in Section 3-116.1. The record shall state the date the Manufacturer's Statement of Origin was accepted for surrender, the name of manufacturer, make, model name, model year, manufacturer's serial number, and any other data the Secretary of State prescribes.
(i) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each manufactured home certificate of title accepted for surrender as provided in Section 3-116.2. The record shall state the date the certificate of title was accepted for surrender, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
Sec. 3-107. Contents and effect.
(a) Each certificate of title issued by the Secretary of State shall
contain:
(a-5) In the event the applicant seeks to have the vehicle titled as a custom vehicle or street rod, that fact must be stated in the application. The custom vehicle or street rod must be inspected as required by Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle may be titled in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. A vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation.
(a-10) In the event the applicant seeks to have the vehicle titled as a glider kit, that fact must be stated in the application. The glider kit must be inspected under Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle shall be titled in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis or the make it is designed to resemble; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application was received. The vehicle identification number of the chassis shall be assigned to the engine, transmission, and rear axle if the engine, transmission, and rear axle were not previously assigned a vehicle identification number after an inspection under Section 3-406.
(b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title
by a dealer, and may contain forms for applications for a certificate of
title by a transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder.
(b-5) The Secretary of State shall designate on a certificate of title a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(c) A certificate of title issued by the Secretary of State is prima
facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to
garnishment, attachment, execution or other judicial process, but this
subsection does not prevent a lawful levy upon the vehicle.
(e) Any certificate of title issued by the Secretary of State is
subject to a lien in favor of the State of Illinois for any fees or
taxes required to be paid under this Act and as have not been paid, as
provided for in this Code.
(f) Notwithstanding any other provision of law, a certificate of title issued by the Secretary of State to a manufactured home is prima facie evidence of the facts appearing on it, notwithstanding the fact that such manufactured home, at any time, shall have become affixed in any manner to real property.
(Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18.)
(625 ILCS 5/3-107.1) (from Ch. 95 1/2, par. 3-107.1)
Sec. 3-107.1.
Presumption of tenancy.
When a certificate of
title is made out to 2 or more persons, it shall be presumed
that the title is held as joint tenants with right of survivorship.
(Source: P.A. 79-482; 79-512; 79-1454.)
(625 ILCS 5/3-108) (from Ch. 95 1/2, par. 3-108)
Sec. 3-108.
Delivery.
The certificate of title shall be mailed or delivered to the first
lienholder named
in it or, if none, to the owner.
(Source: P.A. 91-78, eff. 7-9-99.)
(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
Sec. 3-109. Registration without certificate of title; bond. If the Secretary of State is not satisfied as to the ownership of the
vehicle, including, but not limited to, in the case of a manufactured home, a circumstance in which the manufactured home is covered by a Manufacturer's Statement of Origin that the owner of the manufactured home, after diligent search and inquiry, is unable to produce, or that there are no undisclosed security interests in it, the
Secretary of State may register the vehicle but shall:
During July, annually, the Secretary shall compile a list of all bonds
on deposit, pursuant to this Section, for more than 3 years and concerning
which he has received no notice as to the pendency of any judicial proceeding
that could affect the disposition thereof. Thereupon, he shall promptly
send a notice by certified mail to the last known address of each depositor
advising him that his bond will be subject to escheat to the State of Illinois
if not claimed within 30 days after the mailing date of such notice. At
the expiration of such time, the Secretary of State shall file with the
State Treasurer an order directing the transfer of such deposit to the Road
Fund in the State Treasury. Upon receipt of such order, the State Treasurer
shall make such transfer, after converting to cash any other type of security.
Thereafter any person having a legal claim against such deposit may enforce
it by appropriate proceedings in the Court of Claims subject to the limitations
prescribed for such Court. At the expiration of such limitation period
such deposit shall escheat to the State of Illinois.
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; 99-78, eff. 7-20-15.)
(625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
Sec. 3-110. Refusing certificate of title. The Secretary of State shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
Except as provided in Section 3-116.2, the Secretary of State shall not refuse to issue a certificate of title to a manufactured home by reason of the fact that, at any time, in any manner, it shall have been affixed to real property.
(Source: P.A. 97-333, eff. 8-12-11; 98-749, eff. 7-16-14.)
(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111)
Sec. 3-111.
Lost, stolen or mutilated certificates.
(a) If a certificate of title is lost, stolen, mutilated or destroyed or
becomes illegible, the first lienholder or, if none, the owner or legal
representative of the owner named in the certificate, as shown by the
records of the Secretary of State, shall promptly make application for and
may obtain a duplicate upon furnishing information satisfactory to the
Secretary of State. The duplicate certificate of title shall contain the
legend "This is a duplicate certificate and may be subject to the rights of
a person under the original certificate." It shall be mailed to the first
lienholder named in it or, if none, to the owner or the owner's designee.
(b) The Secretary of State shall not issue a duplicate certificate of
title to any person within 15 days after the issuance of an original
certificate of title to such person.
(c) A person recovering an original certificate of title for which a
duplicate has been issued shall promptly surrender the original certificate
to the Secretary of State.
(d) An application for a duplicate certificate of title must state the
current vehicle odometer reading at the time of application and that the
stated odometer reading is one of the following: actual mileage, not
the actual mileage or mileage is in excess of its mechanical limits.
(e) If a Display certificate of title is lost, stolen, mutilated or
destroyed or becomes illegible, the owner or legal representative of the
owner named in the original Display certificate of title and in the
certificate of title, as shown by the records of the Secretary of State,
shall promptly make application for and may obtain a duplicate upon
furnishing information satisfactory to the Secretary of State. The
duplicate Display certificate of title shall contain the legend "Duplicate
Display Certificate of Title." It shall be mailed to the owner or legal
representative of the owner named in the original Display certificate of
title and in the certificate of title. Such duplicate Display certificate
of title shall be attached and displayed in the same manner and in the same
place as the original Display certificate of title would have been attached
and displayed had it not been lost, stolen, mutilated or destroyed or had
it not become illegible.
(Source: P.A. 86-444.)
(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1)
Sec. 3-111.1.
Corrected certificates.
An application for a corrected
certificate of title must state the current vehicle odometer reading at the
time of application and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in excess
of its mechanical limits. The corrected certificate issued under this Section
shall contain the notation "corrected".
(Source: P.A. 90-212, eff. 1-1-98.)
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112.
Transfer.
(a) If an owner transfers his interest in a vehicle, other than by the
creation of a security interest, at the time of the delivery of the vehicle he
shall execute to the transferee an assignment and warranty of title in the
space provided on the certificate of title, or as the Secretary of State
prescribes, and cause the certificate and assignment to be mailed or
delivered to the transferee or to the Secretary of State.
If the vehicle is subject to a tax under the Mobile Home Local Services
Tax Act in a county with a population of less than 3,000,000, the owner
shall also provide to the transferee a certification by the treasurer of
the county in which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of the vehicle have
been paid. The transferee shall be liable only for the taxes he or she
incurred while he or she was the actual titleholder of the mobile home. The
county treasurer shall refund any amount of taxes paid by the transferee that
were imposed in years when the transferee was not the actual titleholder. The
provisions of this amendatory Act of 1997 (P.A. 90-542) apply retroactively
to January 1, 1996. In no event may the county treasurer refund amounts paid
by the transferee during any year except the 10 years immediately preceding the
year in which the refund is made. If the owner is a licensed dealer who has
purchased the vehicle and is holding it for resale, in lieu of acquiring a
certification from the county treasurer he shall forward the certification
received from the previous owner to the next buyer of the vehicle. The owner
shall cause the certification to be mailed or delivered to the Secretary of
State with the certificate of title and assignment.
(b) Except as provided in Section 3-113, the transferee shall, promptly
and within 20 days after delivery to him of the vehicle and the
assigned title, execute the application for a new certificate of title in
the space provided therefor on the certificate or as the Secretary of State
prescribes, and cause the certificate and application to be mailed or
delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a lienholder in possession
of the certificate of title shall, unless the transfer was a breach of his
security agreement, either deliver the certificate to the transferee for
delivery to the Secretary of State or, upon receipt from the transferee of
the owner's assignment, the transferee's application for a new certificate
and the required fee, mail or deliver them to the Secretary of State. The
delivery of the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the time of the
transfer, the certificate of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties shall comply with the
provisions of Section 3-203.
(e) Except as provided in Section 3-113 and as between the parties, a
transfer by an owner is not effective until the provisions of this Section
and Section 3-115 have been complied with; however, an owner who has
delivered possession of the vehicle to the transferee and has complied with
the provisions of this Section and Section 3-115 requiring action by him as
not liable as owner for any damages thereafter resulting from operation of
the vehicle.
(f) The Secretary of State shall not process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Act from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(g) If the Secretary of State receives an application for transfer of
a vehicle subject to a tax under the Mobile Home Local Services
Tax Act in
a county with a population of less than 3,000,000, such application must
be accompanied by the required certification by the county treasurer
or tax assessor authorizing the issuance of the title.
(Source: P.A. 92-651, eff. 7-11-02.)
(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. Odometer.
(a) All titles issued by the Secretary of State
beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer reading is and
reflects the actual mileage of the vehicle unless one of the following
statements is checked.
...................
( ) 1. The mileage stated is in excess of its mechanical limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains the odometer
certification as described in paragraph (a) above, each transferor of a motor
vehicle must supply on the title form the following information:
(c) The transferee must sign on the title form indicating that he or
she is aware of the odometer certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to acknowledge
such disclosure under the following circumstances:
(e) When the transferor signs the title transfer such transferor
acknowledges that he or she is aware that Federal regulations and State law
require him or her to state the odometer mileage upon transfer of ownership.
An inaccurate or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee pursuant to the federal
Motor Vehicle Information and Cost Act of 1972, P.L. 92-513 as amended by P.L.
94-364. No transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an odometer reading
that has been altered or tampered with by a previous owner, unless that
transferor knew or had reason to know of such alteration or tampering and sold
such vehicle with an intent to defraud. A cause of action is hereby created by
which any person who, with intent to defraud, violates any requirement imposed
under this Section shall be liable in an amount equal to the sum of:
Any recovery based on a cause of action under this Section shall be offset
by any recovery made pursuant to the federal Motor Vehicle Information and
Cost Savings Act of 1972.
(f) The provisions of this Section shall not apply to any motorcycle,
motor driven cycle, moped, antique vehicle, or expanded-use antique vehicle.
(g) The Secretary of State may adopt rules and regulations providing
for a transition period for all non-conforming titles.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113)
Sec. 3-113. Transfer to or from dealer; records.
(a) After a dealer buys a vehicle and holds it for resale, the
dealer must procure the
certificate of title from the owner or the lienholder. The dealer may hold
the certificate until he or she transfers the vehicle to another person.
Upon transferring the vehicle to another person,
the dealer shall promptly and within 20
days
execute the assignment and warranty of title by a dealer, showing the names and
addresses of the transferee and of any lienholder holding a security interest
created or reserved at the time of the resale, in the spaces provided therefor
on the certificate or as the Secretary of State prescribes, and mail or deliver
the certificate to the Secretary of State with the transferee's application for
a new certificate, except as provided in Section 3-117.2.
A dealer has complied with this Section if the date of the mailing of the certificate, as indicated by the postmark, is within 20 days of the date on which the vehicle was transferred to another person.
(b) The Secretary of State may decline to process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Code from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(c) Any person who violates this Section shall be guilty of a petty offense.
(d) Beginning January 1, 2014 and continuing until 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $20 if the certificate of title is received by the Secretary from the dealer 30 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $35. Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $10 if the certificate of title is received by the Secretary from the dealer more than 45 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 or more days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $20. If the certificate of title is received by the Secretary from the dealer 90 or more days but less than 120 days after the date of sale, the delinquent vehicle dealer transfer fee shall be $65. If the certificate of title is received by the Secretary from the dealer 120 days or more after the date of the sale, the delinquent vehicle dealer transfer fee shall be $100. All monies collected under this subsection shall be deposited into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
(e) Beginning January 1, 2022, the Secretary of State is authorized to issue a certificate of title in the name of the dealership to a licensed dealer under Chapter 5 for $20 if the surrendered certificate of title has no space to assign the certificate of title again.
(f) Any licensee under Chapter 5 who sells, transfers, or wholesales a vehicle out of State shall mail the certificate of title to the physical business address in the requisite jurisdiction in lieu of transferring title at the time of sale.
(Source: P.A. 102-154, eff. 1-1-22; 102-845, eff. 1-1-23.)
(625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
Sec. 3-114. Transfer by operation of law.
(a) If the interest of an owner in a vehicle passes to another other
than by voluntary transfer, the transferee shall, except as provided in
paragraph (b), promptly mail or deliver within 20 days to the
Secretary of State the last certificate of title, if available, proof of
the transfer, and his application for a new certificate in the form the
Secretary of State prescribes. It shall be unlawful for any person
having possession of a certificate of title for a motor vehicle,
semi-trailer, or house car by reason of his having a lien or encumbrance
on such vehicle, to fail or refuse to deliver such certificate to the
owner, upon the satisfaction or discharge of the lien or encumbrance,
indicated upon such certificate of title.
(b) If the interest of an owner in a vehicle passes to another under
the provisions of the Small Estates provisions of the Probate Act of 1975 the
transferee shall promptly mail or deliver to the Secretary of State, within 120
days, the last certificate of title, if available, the documentation required
under the provisions of the Probate Act of 1975, and an application for
certificate of title. The Small Estate Affidavit form shall be furnished by the
Secretary of State. The transfer may be to the transferee or to the nominee of
the transferee.
(c) If the interest of an owner in a vehicle passes to another under
other provisions of the Probate Act of 1975, as amended, and the transfer is
made by a representative or guardian, such transferee shall promptly mail or
deliver to the Secretary of State, the last certificate of title, if available,
and a certified copy of the letters of office or guardianship, and an
application for certificate of title. Such application shall be made before the
estate is closed. The transfer may be to the transferee or to the nominee of
the transferee.
(d) If the interest of an owner in joint tenancy passes to the other
joint tenant with survivorship rights as provided by law, the transferee
shall promptly mail or deliver to the Secretary of State, the last
certificate of title, if available, proof of death of the one joint
tenant and survivorship of the surviving joint tenant, and an
application for certificate of title. Such application shall be made
within 120 days after the death of the joint tenant. The transfer may
be to the transferee or to the nominee of the transferee.
(d-5) If the interest of an owner passes to the owner's spouse or if the spouse otherwise acquires ownership of the vehicle, then the transferee shall promptly mail or deliver to the Secretary of State, proof of (i) the owner's death; (ii) the transfer or acquisition of ownership; and (iii) proof of the marital relationship between the owner and the transferee, along with the last certificate of title, if available, and an application for certificate of title along with the appropriate fees and taxes, if applicable. The application shall be made within 180 days after the death of the owner.
(e) The Secretary of State shall transfer a decedent's vehicle title to
any legatee, representative or heir of the decedent who submits to the
Secretary a death certificate and an affidavit by an attorney at law on the
letterhead stationery of the attorney at law stating the facts of the
transfer.
(f) Repossession with assignment of title. In all cases wherein a
lienholder has repossessed a vehicle by other
than judicial process and holds it for resale under a security agreement, and
the owner of record has executed an assignment of the existing certificate of
title after default, the lienholder may proceed to sell or otherwise dispose of
the vehicle
as authorized under the Uniform Commercial Code. Upon selling the vehicle to
another person, the lienholder need not send the certificate of title to the
Secretary of State, but shall promptly and within 20 days mail or deliver to
the purchaser
as transferee the existing certificate of title for the repossessed vehicle,
reflecting the release of the lienholder's security interest in the vehicle.
The application for a certificate of title made by the
purchaser shall comply with subsection (a) of Section 3-104 and be accompanied
by the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized
to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
(f-5) Repossession without assignment of title. Subject to subsection (f-30), in all cases wherein a
lienholder has repossessed a vehicle
by other than judicial process and holds it for resale under a security
agreement,
and the owner of record has not executed an assignment of the existing
certificate of title,
the lienholder shall comply with the following provisions:
(f-7) Notice of reinstatement in certain cases.
(f-10) Repossession by judicial process. In all cases wherein a lienholder
has repossessed a vehicle by
judicial
process and holds it for resale under a security agreement, order for replevin,
or other court order establishing the lienholder's right to possession of the
vehicle, the lienholder may proceed to sell or otherwise dispose of the vehicle
as authorized under the Uniform Commercial Code or the court order. Upon
selling the vehicle to another person, the lienholder need not send the
certificate of title to the Secretary of State, but shall promptly and within
20 days mail or
deliver to the purchaser as transferee (i) the existing certificate of title
for the repossessed vehicle reflecting the release of the lienholder's security
interest in the vehicle; (ii) a certified copy of the court order; and (iii) a
bill of sale identifying the new owner's name and address and the year, make,
model, and vehicle identification number of the vehicle.
The application for a certificate of title made by the purchaser shall comply
with subsection (a) of Section 3-104 and be accompanied by the certified copy
of the court order furnished by the
lienholder and the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized to execute the assignment on behalf
of the owner as seller if the owner has not done so and to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
In the event the
lienholder does not hold the certificate of title for the repossessed vehicle,
the lienholder shall
make application for and may obtain a new certificate of title in the name of
the lienholder upon furnishing information satisfactory to the Secretary of
State. Upon receiving the new certificate of title, the lienholder may proceed
with the sale described in this subsection, except that upon selling the
vehicle the lienholder shall promptly and within 20 days mail or deliver to the
purchaser the new certificate of title reflecting the assignment and transfer
of title to the purchaser.
(f-15) The Secretary of State shall not issue a certificate of title to a
purchaser under subsection (f), (f-5), or (f-10) of this Section, unless the
person from whom the vehicle has been repossessed by the lienholder is shown to
be the last registered owner of the motor vehicle. The Secretary of State may
provide by rule for the standards to be followed by a lienholder in assigning
and transferring certificates of title with respect to repossessed vehicles.
(f-20) If applying for a salvage certificate or a junking certificate, the lienholder
shall within 20 days make an application to the Secretary of State for a salvage certificate or a junking certificate, as
set forth in this Code. The Secretary of State shall
not issue a salvage
certificate or a junking
certificate to such lienholder unless the person from whom such vehicle has
been repossessed is shown to be the last registered owner of such motor
vehicle and such lienholder establishes to the satisfaction of
the Secretary of State that he is entitled to such
salvage certificate or junking certificate. The Secretary
of State may provide by rule for the standards to be followed by
a lienholder in order to obtain a
salvage certificate or junking certificate for a
repossessed vehicle.
(f-25) If the interest of an owner in a mobile home, as defined in the
Mobile Home Local Services Tax Act, passes to another under the provisions of
the
Mobile Home Local Services Tax Enforcement Act, the transferee shall promptly
mail or deliver to the Secretary of State (i) the last certificate of title, if
available, (ii) a certified copy of the court order ordering the transfer of
title, and (iii) an application for certificate of title.
(f-30) Bankruptcy. If the repossessed vehicle is the subject of a bankruptcy proceeding or discharge:
(g) A person holding a certificate of title whose interest in the
vehicle has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate, within 20 days
upon request of the Secretary of State. The delivery of the certificate
pursuant to the request of the Secretary of State does not affect the
rights of the person surrendering the certificate, and the action of the
Secretary of State in issuing a new certificate of title as provided
herein is not conclusive upon the rights of an owner or lienholder named
in the old certificate.
(h) The Secretary of State may decline to process any application
for a transfer of an interest in a vehicle hereunder if any fees or
taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(i) The Secretary of State shall not be held civilly or criminally
liable to any person because any purported transferor may not have had
the power or authority to make a transfer of any interest in any vehicle
or because a certificate of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 102-319, eff. 1-1-22.)
(625 ILCS 5/3-114.1)
Sec. 3-114.1. Transfers to and from charitable
organizations. When a charitable not-for-profit organization
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code becomes the recipient
of a motor vehicle by means of a donation from an individual,
the organization need not send
the certificate of title to the Secretary of State. Upon
transferring the motor vehicle, the
organization shall promptly and within 20 days execute the
reassignment to reflect the transfer from the organization
to the purchaser.
The
organization is specifically authorized to complete and
execute the space reserved in the certificate of title for a
dealer reassignment, notwithstanding that the organization
is not a licensed dealer. Nothing in this Section shall be
construed to require the organization to become a licensed
vehicle dealer.
(Source: P.A. 100-201, eff. 8-18-17.)
(625 ILCS 5/3-115) (from Ch. 95 1/2, par. 3-115)
Sec. 3-115.
Fees - Registration cards - License plates.
(a) An application for a certificate of title shall be accompanied
by an application for, or a transfer of, registration of the vehicle.
(b) An application for the naming of a lienholder or his assignee on
a certificate of title shall be accompanied by the required fee when
mailed or delivered to the Secretary of State.
(c) A transferor of a vehicle, other than a dealer transferring a
new vehicle, shall deliver to the transferee at the time of the delivery
of possession of the vehicle the properly assigned certificate of title
of this vehicle.
(d) All applications shall be accompanied with the required fee or
tax.
(Source: P.A. 83-1473.)
(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
Sec. 3-116. When Secretary of State to issue a certificate of title.
(a) The Secretary of State, upon receipt of a properly assigned
certificate of title, with an application for a certificate of
title, the required fee and any other documents required by law, shall
issue a new certificate of title in the name of the transferee as owner
and mail it to the first lienholder named in it or, if none, to the
owner or owner's designee.
(b) The Secretary of State, upon receipt of an application for a new
certificate of title by a transferee other than by voluntary transfer,
with proof of the transfer, the required fee and any other documents
required by law, shall issue a new certificate of title in the name of
the transferee as owner.
(b-5) The Secretary of State, upon receipt of an application for a certificate of title and the required fee, may issue a certificate of title to an out-of-state resident if the out-of-state resident is a bona fide purchaser of a vehicle or a manufactured home from a dealer licensed in this State under Section 5-101, 5-101.2, or 5-102 of this Code and the licensed dealer files for bankruptcy, surrenders his or her license, or is otherwise no longer operating as a licensed dealer and does not properly transfer the title application to the bona fide purchaser prior to the licensed dealer's business closure.
(c) Any person, firm or corporation, who shall knowingly possess,
buy, sell, exchange or give away, or offer to buy, sell, exchange or
give away the certificate of title to any motor vehicle which is a junk
or salvage, or who shall fail to surrender the certificate of title to
the Secretary of State as required under the provisions of this Section
and Section 3-117.2, shall be guilty of Class 3 felony.
(d) The Secretary of State shall file and retain for four (4) years a
record of every surrendered certificate of title or proof of ownership
accepted by the Secretary of State, the file to be maintained so as to
permit the tracing of title of the vehicle designated therein. Such filing and retention requirements shall be in addition to and not in substitution for the recordkeeping requirements set forth in Section 3-106 of this Code, which recordkeeping requirements are not limited to any period of time.
(e) The Secretary of State, upon receipt of an application for
corrected certificate of title, with the original title, the required fee
and any other required documents, shall issue a corrected certificate of
title in the name of the owner and mail it to the first lienholder named in
it or, if none, to the owner or owner's designee.
(f) The Secretary of State, upon receipt of a certified copy of a court
order awarding ownership to an applicant along with an application for a
certificate of title and the required fee, shall issue a certificate of title
to the applicant.
(Source: P.A. 100-450, eff. 1-1-18.)
(625 ILCS 5/3-116.1)
Sec. 3-116.1. Surrender of Manufacturer's Statement of Origin to a manufactured home.
(a) The owner (all, if more than one) of a manufactured home that is covered by a Manufacturer's Statement of Origin and that is affixed to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to affix to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the Manufacturer's Statement of Origin to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of Manufacturer's Statement of Origin containing or accompanied by:
(b) When satisfied as to the genuineness and regularity of the surrender of a Manufacturer's Statement of Origin to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsection (a) of this Section, the Secretary of State shall (i) cancel the Manufacturer's Statement of Origin and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section.
(c) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a Manufacturer's Statement of Origin is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded.
(d) Upon written request by a person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-116.2)
Sec. 3-116.2. Application for surrender of title.
(a) The owner (all, if more than one) of a manufactured home that is covered by a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, and that is permanently affixed to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to permanently affix to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the certificate of title to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of title containing or accompanied by:
(b) The Secretary of State shall not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected pursuant to Sections 3-106 and 3-202 have been released.
(c) When satisfied as to the genuineness and regularity of the surrender of a certificate of title to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsections (a) and (b) of this Section, the Secretary of State shall (i) cancel the certificate of title and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section.
(d) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a certificate of title is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed, and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded.
(e) Upon written request by a person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-116.3)
Sec. 3-116.3. Application for a certificate of title to a severed manufactured home.
(a) Notwithstanding any other provision of law, where a manufactured home has been affixed to a permanent foundation, and an affidavit of affixation has been recorded as part of the real property records in the county in which the manufactured home is located in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, and where the manufactured home subsequently is detached or severed from the real property, the owner (all, if more than one) of the manufactured home shall, unless exempted by other provisions of this Code, apply for a new certificate of title by filing with the Secretary of State an application for a certificate of title to a manufactured home, to be issued in accordance with subsection (b) of Section 3-109, containing or accompanied by:
(b) Upon satisfaction of the requirements of subsection (a) of this Section and subsection (b) of Section 3-109, the Secretary of State shall issue a new certificate of title pursuant to subsection (b) of Section 3-109 and update his or her records in accordance with the provisions of Section 3-106.
(c) Immediately upon satisfaction of the requirements of this Section and thereafter, a manufactured home shall be conveyed and encumbered as personal property.
(d) The satisfaction of the requirements of this Section with respect to a manufactured home shall have no effect on the manner in which such manufactured home is taxed pursuant to the Property Tax Code or the Mobile Home Local Services Tax Act.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage certificates must
be obtained.
(a) Except as provided in Chapter 4 and Section 3-117.3 of this Code, a person who possesses a
junk vehicle shall within 15 days cause the certificate of title, salvage
certificate, certificate of purchase, or a similarly acceptable out-of-state
document of ownership to be surrendered to the Secretary of State along with an
application for a junking certificate, except as provided in Section 3-117.2,
whereupon the Secretary of State shall issue to such a person a junking
certificate, which shall authorize the holder thereof to possess, transport,
or, by an endorsement, transfer ownership in such junked vehicle, and a
certificate of title shall not again be issued for such vehicle. The owner of a junk vehicle is not required to surrender the certificate of title under this subsection if (i) there is no lienholder on the certificate of title or (ii) the owner of the junk vehicle has a valid lien release from the lienholder releasing all interest in the vehicle and the owner applying for the junk certificate matches the current record on the certificate of title file for the vehicle.
A licensee who possesses a junk vehicle and a Certificate of Title,
Salvage Certificate, Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership for such junk vehicle, may transport the
junk vehicle to another licensee prior to applying for or obtaining a
junking certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the licensee
transferee at the time of transfer. In any case, the licensee transferor
shall apply for a junking certificate in conformance with Section 3-117.1
of this Chapter. The following information shall be contained on a uniform
invoice:
The Secretary of State may certify a junking manifest in a form prescribed by
the Secretary of State that reflects those vehicles for which junking
certificates have been applied or issued. A junking manifest
may be issued to any person and it shall constitute evidence of ownership
for the vehicle listed upon it. A junking manifest may be transferred only
to a person licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk certificate from
the Secretary of State.
(b) An application for a salvage certificate shall be submitted to the
Secretary of State in any of the following situations:
(c) Any person who without authority acquires, sells, exchanges, gives
away, transfers or destroys or offers to acquire, sell, exchange, give
away, transfer or destroy the certificate of title to any vehicle which is
a junk or salvage vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any person who knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of purchase or a
similarly acceptable out-of-state document of ownership as required under
the provisions of this Section is guilty of a Class A misdemeanor for a
first offense and a Class 4 felony for a subsequent offense; except that a
person licensed under this Code who violates paragraph (5) of subsection (b)
of this Section is
guilty of a business offense and shall be fined not less than $1,000 nor more
than $5,000 for a first offense and is guilty of a Class 4 felony
for a second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven or operated
on roads and highways within this State. A violation of this subsection is
a Class A misdemeanor. A salvage vehicle displaying valid special plates
issued under Section 3-601(b) of this Code, which is being driven to or
from an inspection conducted under Section 3-308 of this Code, is exempt
from the provisions of this subsection. A salvage vehicle for which a
short term permit has been issued under Section 3-307 of this Code is
exempt from the provisions of this subsection for the duration of the permit.
(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(625 ILCS 5/3-117.2) (from Ch. 95 1/2, par. 3-117.2)
Sec. 3-117.2. Junk vehicle notification. Beginning July 1, 1989 a
person licensed as a scrap processor or automotive parts recycler pursuant to Section 5-301 of this Code
who acquires a properly assigned Certificate of Title, a Salvage
Certificate, a Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership pursuant to Section 5-401.3 of this
Code, shall within 15 days of acquiring such document, submit it to the
Secretary of State along with a Junk Vehicle Notification, the form and
manner for which shall be as prescribed by Secretary of State rule or
regulation. A scrap processor or automotive parts recycler who acquires the above named documents of
ownership pursuant to Section 5-401.3 shall not be required to apply for or
obtain a junking certificate. The information contained on a
Junk Vehicle Notification shall be duly recorded by the Secretary of State
upon the receipt of such Notification. The Secretary of State shall not
again issue a Certificate of Title or Salvage Certificate for any vehicle
listed on a Junk Vehicle Notification.
(Source: P.A. 102-436, eff. 1-1-22.)
(625 ILCS 5/3-117.3)
Sec. 3-117.3. Junking or salvage certificates; insurance company; salvage dealer.
(a) For purposes of this Section, "salvage dealer" means a licensed dealer who primarily sells salvage vehicles on behalf of insurance companies and obtains a "salvage dealer" designation through the used dealer application process under Section 5-102 of this Code.
(b) Notwithstanding any other provision of law to the contrary, an insurance company or salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in the insurance company's name by submitting an application for a junking certificate or salvage certificate to the Secretary of State. The application shall include, but is not limited to, proof of full payment, in whole or in part, to the vehicle owner or, if applicable, any lienholder of record and proof of notice to the vehicle owner and any lienholder via certified mail or other proof of service that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. Upon approval of the application, the Secretary shall issue to the insurance company a junking certificate or salvage certificate free of any lien in the insurance company's name.
An insurance company or salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (b) to anyone not authorized to buy salvage vehicles under this Code.
This subsection (b) shall apply only to a motor vehicle titled in this State that has been through an insurance claims process and the owner of the vehicle or lienholder, if applicable, has received compensation in exchange for relinquishing the ownership rights of the vehicle to an insurance company licensed under the Illinois Insurance Code and the insurance company is unable to obtain an endorsed certificate of title within 30 days of payment to the owner or lienholder.
(c) Notwithstanding any other provision of law to the contrary, a salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in his or her name by submitting an application for a junking certificate or a salvage certificate to the Secretary of State which shall include, but is not limited to, proof of notice via certified mail or other proof of service to the vehicle owner or any lienholder that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. The notice shall inform the vehicle owner or lienholder that upon payment of any applicable charges, the vehicle may be removed from the salvage dealer's facility. Upon approval of the application, the Secretary shall issue to the salvage dealer a junking certificate or salvage certificate free of any lien in the salvage dealer's name.
A salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (c) to anyone not authorized to buy salvage vehicles under this Code.
This subsection (c) shall apply only to a motor vehicle titled in this State and in possession of a salvage dealer by request of an insurance company licensed under the Illinois Insurance Code to take possession of the motor vehicle subject to an insurance claim and the insurance company denies coverage of the vehicle or does not take ownership of the vehicle within 45 days of possession by the salvage dealer.
(d) A vehicle owner or lienholder may send notice of dispute of the transfer of title under this Section within 30 days after the required notice is sent by the insurance company or salvage dealer. If a dispute between a vehicle owner or lienholder and an insurance company or salvage dealer cannot be resolved within 45 days after the required notice to the vehicle owner or lienholder is sent, the vehicle owner or lienholder, within 90 days after sending notice of dispute, shall petition a court of competent jurisdiction for an order to determine ownership of the vehicle and shall notify the Secretary of State of the filing of the petition. If a vehicle owner or lienholder does not file a petition within the 90-day period, the title to the vehicle shall be issued to the insurance company or salvage dealer under this Section.
(e) Any person who without authority acquires, sells, exchanges, gives away, transfers, or destroys or offers to acquire, sell, exchange, give away, transfer, or destroy the certificate of title to any vehicle which is a junk or salvage vehicle shall be guilty of a Class 3 felony.
(f) Any person who knowingly fails to surrender to the Secretary of State a certificate of title, salvage certificate, or certificate of purchase is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second and subsequent offense.
(g) Any vehicle which is salvage or junk may not be driven or operated on roads and highways within this State. A violation of this subsection (g) is a Class A misdemeanor. A salvage vehicle displaying valid special plates issued under subsection (b) of Section 3-601 of this Code, which is being driven to or from an inspection conducted under Section 3-308 of this Code, is exempt from the provisions of this subsection (g). A salvage vehicle for which a short term permit has been issued under Section 3-307 of this Code is exempt from the provisions of this subsection (g) for the duration of the permit.
(h) The Secretary of State may adopt any rules necessary to implement this Section.
(Source: P.A. 100-104, eff. 11-9-17.)
(625 ILCS 5/3-117.5)
Sec. 3-117.5. Automatic processing of applications for salvage or junking certificates; salvage dealer; bond.
(a) Notwithstanding any other provision of law to the contrary and subject to the requirements of this Section, if a salvage dealer as defined under Section 3-117.3 posts annually a bond in the amount of $100,000, up to a maximum aggregate amount of $100,000, with the Secretary of State, the Secretary of State shall automatically process any properly submitted application by the salvage dealer for a salvage certificate or junking certificate pursuant to Section 3-117.1 and issue the appropriate salvage certificate or junking certificate.
The Secretary of State Vehicle Services Department may conduct random samplings of automatically processed applications submitted by a salvage dealer under this Section to ensure that the salvage dealer's applications for salvage certificates or junking certificates are accurate.
Applications for salvage certificates or junking certificates submitted by a salvage dealer that are not accompanied by the most current certificate of title are not eligible for automatic processing, including, but not limited to, applications accompanied by an affidavit or a uniform invoice or certificate of purchase under Section 3-117.1.
(b) If a salvage dealer fails to properly submit applications for salvage certificates or junking certificates at an 85% rate of accuracy or greater, then the Secretary of State Vehicle Services Department may suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. Prior to the initial suspension of a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates, the Secretary of State Vehicle Services Department shall provide notice to the salvage dealer of the processing errors or defects and provide the salvage dealer with an opportunity to cure the processing errors or defects within a reasonable period, which shall not be less than 14 days.
If the same processing errors or defects that are contained in the initial notice to the salvage dealer are repeated a second time by a salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days.
If the same processing errors or defects that are contained in the initial notice to a salvage dealer are repeated a third time by the salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 180 days.
(c) After a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates has been suspended and the applicable suspension period has been served, the salvage dealer may request reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates by demonstrating to the Secretary of State Vehicle Services Department that the salvage dealer has corrected the processing errors or defects that resulted in the suspension. The Secretary of State Vehicle Services Department, after meeting and conferring with the salvage dealer, shall have the sole discretion, subject to the appeal rights in subsection (d), to determine whether to grant the salvage dealer's request for reinstatement.
(d) A salvage dealer may appeal a suspension or a denial of a request for reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates directly to the Secretary of State.
(e) The annual bond posted as required by this Section shall be held by the Secretary of State to secure compensation for an owner of a vehicle if it is determined that the salvage dealer caused the improper transfer of ownership of the vehicle without performing the required procedures set forth in this Chapter. After providing the salvage dealer with a reasonable opportunity to provide proof of its due diligence relating to the disputed transaction and after meeting and conferring with the salvage dealer, the Secretary of State Vehicle Services Department shall determine whether the certificate of title of the vehicle was improperly transferred out of the owner's name by the salvage dealer. This determination shall create a rebuttable presumption that the vehicle was improperly transferred out of the owner's name by the salvage dealer. Upon such a determination by the Secretary of State Vehicle Services Department, if the salvage dealer does not compensate the vehicle owner for the value of the improperly transferred certificate of title, the owner of the vehicle shall have the right to seek reimbursement from the posted bond for the loss of the vehicle under a Court of Claims proceeding.
(f) The security deposited as an annual bond pursuant to this Section shall be placed by the Secretary of State in the custody of the State Treasurer. Thereafter, any person with a claim against the bond may enforce the claim through an appropriate proceeding in the Court of Claims, subject to the limitations prescribed for the Court of Claims.
(Source: P.A. 102-733, eff. 1-1-23.)
(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
Sec. 3-118. Application for salvage or junking certificate; contents.
(a) An application for a salvage certificate or junking certificate
shall be made upon the forms prescribed by the Secretary of State and contain:
(b) The application for salvage certificate must also contain the
current odometer reading and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in
excess of its mechanical limits.
(b-5) Each application for a salvage certificate for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a salvage certificate.
(c) A salvage certificate may be assigned to any person licensed under
this Act as a rebuilder, automotive parts recycler, or scrap processor, or to an
out-of-state salvage vehicle buyer. A salvage certificate for a vehicle that has come from a police impoundment may be assigned to a municipal fire department. A junking certificate may be assigned
to anyone. The provisions for reassignment by dealers under paragraph (a)
of Section 3-113 shall apply to salvage certificates, except as provided
in Section 3-117.2. A salvage certificate may be reassigned to one other
person to whom a salvage certificate may be assigned pursuant to this Section.
(Source: P.A. 99-414, eff. 8-20-15.)
(625 ILCS 5/3-118.1) (from Ch. 95 1/2, par. 3-118.1)
Sec. 3-118.1.
Whenever a certificate of title is issued for a vehicle
with respect to which a salvage certificate has been previously issued,
the new certificate of title shall bear the notation "REBUILT". However,
insurance companies or persons licensed under Section 5-301 who are also
licensed as a used vehicle dealer under Section 5-102 of this Code may
exchange a salvage certificate for a certificate of title which does not
bear the notation "REBUILT" when there is submitted with the application
satisfactory proof that the salvage certificate was obtained because of a
claim of total loss from theft and the vehicle was recovered
without structural damage caused by collision, fire, flood, theft, rust,
or corrosion.
The Secretary may adopt rules governing the issuance of titles authorized
under this Section.
(Source: P.A. 89-189, eff. 1-1-96.)
(625 ILCS 5/Ch. 3 Art. II heading)
(625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
Sec. 3-201.
Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier of services or
materials for the vehicle;
(b) A lien given by statute to the United States, this State or any
political subdivision of this State, except liens on trailer coaches and
mobile homes for public assistance, as provided in Section 3-12 (now
repealed) of the
Illinois Public Aid Code.
(c) A security interest in a vehicle created by a manufacturer or dealer
who holds the vehicle for sale, but a buyer in the ordinary course of trade
from the manufacturer or dealer takes free of the security interest.
(Source: P.A. 90-655, eff. 7-30-98.)
(625 ILCS 5/3-201.1) (from Ch. 95 1/2, par. 3-201.1)
Sec. 3-201.1.
Terminal rent adjustment clause leases.
In the case of
motor vehicles or trailers, a transaction does not create a sale or a security
interest merely because it provides that the rental price is permitted or
required to be adjusted under the agreement either upward or downward by
reference to the amount realized upon sale or other disposition of the
motor vehicle or trailer.
(Source: P.A. 87-493.)
(625 ILCS 5/3-202) (from Ch. 95 1/2, par. 3-202)
Sec. 3-202. Perfection of security interest.
(a) Unless excepted by Section 3-201, a security interest in a
vehicle of a type for which a certificate of title is required is not
valid against subsequent transferees or lienholders of the vehicle
unless perfected as provided in this Act. A purchase money security interest in a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches.
(b) A security interest is perfected by the delivery to the
Secretary of State of the existing certificate of title, if any, an
application for a certificate of title containing the name and address
of the lienholder and the
required fee. The security interest is perfected as of the time of
its creation if the
delivery to the Secretary of State is completed within 30 days after the
creation of the security interest or receipt by the new lienholder of the
existing certificate of title from a prior lienholder or licensed
dealer, otherwise as of the
time of the delivery.
(c) If a vehicle is subject to a security interest when brought into
this State, the validity of the security interest is determined by the
law of the jurisdiction where the vehicle was when the security interest
attached, subject to the following:
(d) Except as otherwise provided in Sections 3-116.1, 3-116.2, 3-207, and the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, after a certificate of title has been issued for a manufactured home and as long as the manufactured home is subject to any security interest perfected pursuant to this Section, the Secretary of State shall not file an affidavit of affixation, nor cancel the Manufacturer's Statement of Origin, nor revoke the certificate of title, nor issue a certificate of title under Section 3-106, and, in any event, the validity and priority of any security interest perfected pursuant to this Section shall continue, notwithstanding the provision of any other law.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-203) (from Ch. 95 1/2, par. 3-203)
Sec. 3-203.
Security interest.
If an owner creates a security interest in a vehicle:
(a) The owner shall immediately execute the application, in the
space provided therefor on the certificate of title or on a separate
form the Secretary of State prescribes, to name the lienholder on the
certificate, showing the name and address of the lienholder and cause the
certificate, application and
the required fee to be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate,
application and the required fee to be mailed or delivered to the
Secretary of State.
(c) Upon request of the owner or subordinate lienholder, a
lienholder in possession of the certificate of title shall either mail
or deliver the certificate to the subordinate lienholder for delivery to
the Secretary of State or, upon receipt from the subordinate lienholder
of the owner's application and the required fee, mail or deliver them to
the Secretary of State with the certificate. The delivery of the
certificate does not affect the rights of the first lienholder under his
security agreement.
(d) Upon receipt of the certificate of title, application and the
required fee, the Secretary of State shall issue a new certificate containing
the name and address
of the new lienholder, and mail the certificate to the first lienholder
named in it.
(Source: P.A. 85-511.)
(625 ILCS 5/3-204) (from Ch. 95 1/2, par. 3-204)
Sec. 3-204.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security
interest in the vehicle to a person other than the owner without
affecting the interest of the owner or the validity of the security
interest, but any person without notice of the assignment is protected
in dealing with the lienholder as the holder of the security interest
and the lienholder remains liable for any obligations as lienholder
until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have
the certificate of title issued with the assignee named as
lienholder, upon delivering to the Secretary of State the certificate
and an assignment by the lienholder named in the certificate in the form
the Secretary of State prescribes.
(Source: P.A. 85-511.)
(625 ILCS 5/3-205) (from Ch. 95 1/2, par. 3-205)
Sec. 3-205. Release of security interest.
(a) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of the lienholder,
he shall execute a release of his security interest, and mail
or deliver the certificate and release to the next lienholder named
therein, or, if none, to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the certificate.
If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days.
If the owner desires a new certificate reflecting no lien, the certificate
and release from the lienholder may be submitted to the Secretary of State,
along with the prescribed application and required fee, for issuance of that
new certificate.
(b) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of a prior
lienholder, the lienholder whose security interest is satisfied shall
execute a release and deliver the release to the owner or any
person who delivers to the lienholder an authorization from the owner to
receive it. If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days. The
lienholder in possession of the certificate of title
may either deliver the certificate to the owner, or the person
authorized by him, for delivery to the Secretary of State, or, upon
receipt of the release, may mail or may deliver the certificate and release,
along with prescribed application and require fee, to
the Secretary of State, who shall issue a new certificate.
(c) In addition to any other penalty, a lienholder who fails to execute a
release of his or her security interest or who fails to mail or deliver the
certificate and release within the time limit provided in subsection (a) or (b)
is liable to the person or entity that was supposed to receive the release or
certificate for $150 plus reasonable attorney fees and court costs.
An action under this Section may be brought in small claims court or in any
other appropriate court.
(d) The holder of a security interest in or a lien on a manufactured home may deliver lien release documents to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such documents so delivered holds the documents in trust for the security interest holder or the lienholder.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-206) (from Ch. 95 1/2, par. 3-206)
Sec. 3-206.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written request
of the owner or of another lienholder named on the certificate, disclose
any pertinent information as to his security agreement and the indebtedness
secured by it.
(Source: P.A. 76-1586.)
(625 ILCS 5/3-207) (from Ch. 95 1/2, par. 3-207)
Sec. 3-207. Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of
security interests subject to this Act is exclusive. Security interests
subject to this Act are hereby exempted from the provisions of law which
otherwise require or relate to the recording or filing of instruments
creating or evidencing security interests in vehicles including chattel
mortgages and conditional sale agreements, provided, however, that with respect to a manufactured home that is or will be affixed to a permanent foundation, upon recordation of an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and satisfaction of the requirements of Section 3-116.1 or 3-116.2, as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by the laws applicable to real property.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-208) (from Ch. 95 1/2, par. 3-208)
Sec. 3-208. Suspension or revocation of certificates.
(a) The Secretary of State may suspend or revoke a certificate of title,
upon notice and reasonable opportunity to be heard in accordance with
Section 2-118, when authorized by any other provision of law or if he
finds:
Except as provided in Section 3-116.2, the Secretary of State shall not suspend or revoke a certificate of title to a manufactured home by reason of the fact that, at any time, it shall have become affixed in any manner to real property.
(b) Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it.
(c) When the Secretary of State suspends or revokes a certificate of
title, the owner or person in possession of it shall, immediately upon
receiving notice of the suspension or revocation, mail or deliver the
certificate to the Secretary of State.
(d) The Secretary of State may seize and impound any certificate of
title which has been suspended or revoked.
(Source: P.A. 98-749, eff. 7-16-14.)
(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
Sec. 3-209. Powers of Secretary of State.
(a) The Secretary of State shall prescribe and provide suitable forms of
applications, certificates of title, notices of security interests, and all
other notices and forms necessary to carry out the provisions of this
chapter.
(b) The Secretary of State may:
(625 ILCS 5/3-210) (from Ch. 95 1/2, par. 3-210)
Sec. 3-210.
Court review.
A person aggrieved by an act or omission to
act of the Secretary of
State under this Article is also entitled to a review
thereof by the
Circuit Court of Sangamon County in accordance
with the Administrative Review Law, as amended.
(Source: P.A. 82-783.)
(625 ILCS 5/Ch. 3 Art. III heading)
(625 ILCS 5/3-301) (from Ch. 95 1/2, par. 3-301)
Sec. 3-301. New certificate of title for rebuilt vehicle.
(a) For vehicles 8 model years of age or newer, the Secretary of State
shall issue a new certificate of title to any rebuilt
vehicle or any vehicle which previously had been titled as salvage
in this State or any other jurisdiction upon the successful inspection
of the vehicle in accordance with Section 3-308 of this Article.
(b) Vehicles more than 8 model years old shall not be required to
complete a successful inspection required under Section 3-308 of this Code
before being issued a new certificate of title as provided under this
Section.
(c) Vehicles designated as flood vehicles that have sustained damage
greater than 50% of their fair market value with that damage shall be
required to complete a
successful
inspection required under Section 3-308 of this Code before being issued a new
certificate of title provided under paragraph (5), subsection (b) of Section
3-117.1.
(Source: P.A. 102-319, eff. 1-1-22.)
(625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
Sec. 3-302.
Application for title; contents.
Every application for
a certificate of title for a rebuilt vehicle shall be made upon a form
prescribed by the Secretary of State, and shall include the following:
(Source: P.A. 92-651, eff. 7-11-02.)
(625 ILCS 5/3-303) (from Ch. 95 1/2, par. 3-303)
Sec. 3-303. Application for title - attachments. Every application
for a certificate of title for a rebuilt vehicle shall be
accompanied by the following:
(625 ILCS 5/3-304) (from Ch. 95 1/2, par. 3-304)
Sec. 3-304. Application for title - affirmation.
(a) The applicant
applying for a certificate of title for a rebuilt vehicle shall
sign a written affirmation which states the following:
(b) If the applicant states that he or she has contracted for rebuilding with a licensed rebuilder, the applicant shall submit a statement from the rebuilder, in the form designated by the Secretary, stating that all of the supporting documentation and the contents of the application are, to the best of the rebuilder's knowledge and belief, complete, true, and correct.
(Source: P.A. 96-330, eff. 1-1-10.)
(625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305)
Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt
vehicle shall be $94. All such fees received by the Secretary
of State shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
(625 ILCS 5/3-306) (from Ch. 95 1/2, par. 3-306)
Sec. 3-306.
Retention of documents.
The original documents required to
be submitted to the Secretary of State pursuant to Sections 3-301 through
3-305 shall be retained by the Secretary of State for a period determined
by Secretary of State by rule or regulation.
(Source: P.A. 83-1528.)
(625 ILCS 5/3-307) (from Ch. 95 1/2, par. 3-307)
Sec. 3-307.
Short term permit.
The Secretary of State shall issue at no charge a
short term permit for any vehicle for which an application for a
certificate of title has been made under this Article and which must be
driven on the roads and highways of this State to a place of inspection.
(Source: P.A. 84-1302; 84-1304.)
(625 ILCS 5/3-308) (from Ch. 95 1/2, par. 3-308)
Sec. 3-308.
Inspection of rebuilt
vehicles.
(a) The Secretary of State shall inspect any vehicle
8 model years of age or newer for which an application for a certificate of
title for a rebuilt
vehicle will be submitted, or any foreign vehicle which is or may have been
salvage
as defined under the provisions of this Code.
(b) The inspection of the vehicle shall include an examination of the
vehicle and its parts and of the application and proof of notification, if
applicable, to determine that:
(c) The Secretary of State shall, by rule or regulation, carry out and
implement the provisions contained in this Section.
(d) All fees received by the Secretary of State from the inspection of
vehicles under this Section shall be applied towards the maintenance of the
vehicle
inspection program and the personnel costs required for the operation of such
program.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/Ch. 3 Art. IV heading)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions set forth in
Chapter 1 of this Act, for the purposes of this Article, the following
words shall have the meaning ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee required for
licensing or registering vehicles, such as, but not limited to,
registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except recreational
vehicles, vehicles displaying restricted plates, city pickup and delivery
vehicles, buses used in transportation of chartered parties, and government
owned vehicles that are used or intended for use in 2 or more member
jurisdictions that allocate or proportionally register vehicles, in a
fleet which is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight in excess of
26,000 pounds; or has three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds 26,000 pounds gross
vehicle weight. Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be proportionally registered at
the option of such owner.
"Base Jurisdiction" means, for purposes of fleet registration, the
jurisdiction where the registrant has an established place of business,
where operational records of the fleet are maintained and where mileage
is accrued by the fleet. In case a registrant operates more than one
fleet, and maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of the
operation of that fleet are maintained and where mileage is accrued by
that fleet.
"Operational Records" means documents supporting miles traveled in
each jurisdiction and total miles traveled, such as fuel reports, trip
leases, and logs.
"Owner" means a person who holds legal title of a motor vehicle, or in the
event a motor vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee with right of
purchase, or in the event a mortgagor of such motor vehicle is entitled
to possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee or
lessee with right of purchase or mortgagor or lessee is considered to be
the owner for the purpose of this Act.
"Registration plate or digital registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to (i) cover any of the characters of a motor vehicle's
registration plate or digital registration plate; or (ii) distort a recorded image of any of the characters
of a motor vehicle's registration plate or digital registration plate recorded by an automated enforcement system as defined in Section 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act.
"Rental Owner" means an owner principally engaged, with respect to
one or more rental fleets, in renting to others or offering for rental
the vehicles of such fleets, without drivers.
"Restricted Plates" shall include, but is not limited to, dealer,
manufacturer, transporter, farm, repossessor, and permanently mounted type
plates. Vehicles displaying any of these type plates from a foreign
jurisdiction that is a member of the International Registration Plan shall be
granted reciprocity but shall be subject to the same limitations as similar
plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
Sec. 3-401. Effect of provisions.
(a) It shall be unlawful for any
person to violate any provision of this Chapter or to drive or move or
for an owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered hereunder which is not
registered or for which the appropriate fee has not been paid when and
as required hereunder, except that when application accompanied by
proper fee has been made for registration of a vehicle it may be
operated temporarily pending complete registration upon displaying a
duplicate application duly verified or other evidence of such
application or otherwise under rules and regulations promulgated by the
Secretary of State.
(b) The appropriate fees required to be paid under the various
provisions of this Act for registration of vehicles shall mean the fee
or fees which would have been paid initially, if proper and timely
application had been made to the Secretary of State for the appropriate
registration required, whether such registration be a flat weight
registration, a single trip permit, a reciprocity permit or a
supplemental application to an original prorate application together
with payment of fees due under the supplemental application for prorate
decals.
(c) Effective October 1, 1984, no vehicle required to pay a Federal
Highway
Users Tax shall be registered unless proof of payment, in a form prescribed
and approved by the Secretary of State, is submitted with the appropriate
registration. Notwithstanding any other provision of this Code, failure
of the applicant to comply with this paragraph shall be deemed grounds for
the Secretary to refuse registration.
(c-1) A vehicle may not be registered by the Secretary of State unless that vehicle:
(d) Second division vehicles.
(Source: P.A. 100-70, eff. 8-11-17.)
(625 ILCS 5/3-401.5)
Sec. 3-401.5. Digital registration plates and renewals.
(a) The Secretary of State may authorize the issuance of a digital registration plate to a vehicle, in lieu of a set of static, metal registration plates, if the vehicle owner separately purchases the digital registration plate for a particular vehicle. The Secretary shall consult with law enforcement agencies when considering whether to approve the design of a digital license plate. The display device must allow for the automated image capture of letters and numbers during daytime and nighttime, including when the vehicle is parked or turned off. The Secretary shall work with the vehicle owner and the distributor of the digital registration plates to coordinate the appropriate plate image and registration expiration to appear on the digital registration plate. One metal plate shall still be issued to the vehicle owner for the front end of the vehicle.
(b) The Secretary, for any vehicle owner that purchases a digital registration plate, may electronically renew the digital registration plate upon receiving the appropriate renewal registration fee as set forth in this Code. The Secretary may also authorize the image to be suspended or revoked and replaced with an alternative image or blank screen upon violation of any provision of this Code or the failure to renew the digital registration plate.
(c) Before a digital registration plate may be issued in lieu of a special plate authorized under Article VI of this Chapter, the Secretary shall seek approval from the originating organization, when possible, to authorize a digital version of the static, metal plates issued to a vehicle owner.
(d) The owner of a digital registration plate is responsible for any costs associated with using the digital registration plate, including, but not limited to, the initial purchase price and any replacement costs.
(e) The Secretary of State may adopt any rules necessary to implement and develop a digital registration plate program, including rules regarding the images that may appear on digital registration plates.
(f) No image shall appear on a digital registration plate without prior approval of the Secretary of State.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration; exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and
pole trailer when driven or moved upon a highway shall be subject to the
registration and certificate of title provisions of this Chapter except:
B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer
need not be registered under this Code provided the same is operated interstate
and in accordance with the following provisions and any rules and regulations
promulgated pursuant thereto:
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
Sec. 3-402.1.
Proportional registration.
Any owner
or rental owner engaged in operating a fleet of apportionable
vehicles in this State and one or more other states may, in
lieu of registration of such vehicles under the general
provisions of Sections 3-402, 3-815, 3-815.1, and 3-819, register
and license such fleet for operations in this State by
filing an application statement, signed under penalties
of perjury, with the Secretary of State which shall be in
such form and contain such information as the Secretary of
State shall require, declaring the total mileage operated
in all states by such fleet, the total mileage operated
in this state by such fleet during the preceding year,
and describing and identifying each apportionable vehicle
to be operated in this State during the ensuing year. If
mileage data is not available for the preceding year, the
Secretary of State may accept the latest 12-month period
available.
"Preceding year" means the period of 12 consecutive months immediately prior
to July 1st of the year immediately preceding the registration or license year
for which proportional registration is sought.
Such owner shall determine the proportion of in-state
miles to total fleet miles. Such percentage figure shall
be such owner's apportionment factor. In determining the
total fee payment, such owner shall first compute the license
fee or fees for each vehicle within the fleet which would otherwise be
required,
and then multiply the said amount by the Illinois apportionment
factor adding the fees for each vehicle to arrive at a total amount for
the fleet. Apportionable trailers and semitrailers will be registered in
accordance with the provisions of Section 3-813 of this Code.
Upon receipt of the appropriate fees from such owner
as computed under the provisions of this Section, the Secretary
of State shall, when this State is the base jurisdiction,
issue to such owner number plates or other distinctive tags
or such evidence of registration as the Secretary of State
shall deem appropriate to identify each vehicle in the fleet
as a part of a proportionally registered interstate fleet.
Vehicles registered under the provision of this Section
shall be considered fully licensed and properly registered in
Illinois for any type of movement or operation. The proportional
registration and licensing provisions of this Section shall apply
to vehicles added to fleets and operated in this State during
the registration year, applying the same apportionment factor
to such fees as would be payable for the remainder of the
registration year.
Apportionment factors for apportionable vehicles not
operated in this State during the preceding year shall be
determined by the Secretary of State on the basis of
a full statement of the proposed methods of operation and in conformity
with an estimated mileage chart as calculated by the Secretary of State.
An established fleet adding states at the time of renewal shall estimate
mileage for the added states in conformity with a mileage chart developed
by the Secretary of State.
(Source: P.A. 93-23, eff. 6-20-03.)
(625 ILCS 5/3-402.2) (from Ch. 95 1/2, par. 3-402.2)
Sec. 3-402.2.
Audits.
In addition to audit authority
set forth in Section 2-124 of this Act, the Secretary of
State, when this state is the base jurisdiction, may audit
such owners displaying a base plate of this state as to
authenticity of mileage figures and registrations and at
such time and frequency as determined by the Secretary of
State. Audits may be made by officials of other jurisdictions
which are members of an International Registration Plan (IRP) of which
this state is also a member.
Upon completion of any such audit, the Secretary of
State shall notify all jurisdictions in which such owner
was proportionally registered on the accuracy of the records
of such owner. Should such owner have underpaid or overpaid
any jurisdiction
in which his vehicles were proportionally registered,
such information shall be furnished to the jurisdiction for
processing in accordance with the procedures as set forth under the
International Registration Plan.
(Source: P.A. 92-69, eff. 7-12-01.)
(625 ILCS 5/3-402.3) (from Ch. 95 1/2, par. 3-402.3)
Sec. 3-402.3.
Relation to Other State Laws.
The
provisions of Section 3-402.1 shall constitute complete authority
for the registration of vehicles upon a proportional
registration basis without reference to or application of
any other statutes of this state.
(Source: P.A. 79-1041.)
(625 ILCS 5/3-402.4) (from Ch. 95 1/2, par. 3-402.4)
Sec. 3-402.4.
Administrative Agreements and Rules.
The Secretary of
State may enter into agreements, compacts, or arrangements with other
jurisdictions or agents for such jurisdictions, such as the American
Association of Motor Vehicle Administrators, on behalf of this state for
allocation or proportional registration of apportionable vehicles in a
manner provided in Section 3-402.1 for the purpose of facilitating the
administration thereof, and also for the purpose of conforming procedures
for proportional registration, pursuant to Sections 3-402.1 and 3-402.2,
with those agreed to by two or more additional jurisdictions, including but
not limited to, acceptance of base jurisdiction responsibilities for
apportional registration and licensing of fleet vehicles in other
jurisdiction. In addition, the Secretary of State may adopt and promulgate
such rules and regulations as he shall deem necessary to effectuate and
administer the provisions of Sections 3-402.1 and 3-402.2. Any reciprocal
arrangements or agreements in effect with jurisdictions that cannot grant
proportional registration shall remain in force until specifically
cancelled by either jurisdiction or until such time that jurisdiction
becomes a member of an International Registration Plan (IRP) of which this
state is also a member.
(Source: P.A. 87-206.)
(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
Sec. 3-403. Trip and Short-term permits.
(a) The Secretary of State may issue a short-term permit to operate a
nonregistered first or second division vehicle within the State of Illinois
for a period of not more than 7 days. Any second division vehicle
operating
on such permit may operate only on empty weight. The fee for the
short-term permit shall be $6 for permits purchased on
or before June 30, 2003
and $10 for permits purchased on or after July 1, 2003. For short-term
permits purchased on or after July 1, 2003, $4 of the fee collected for the
purchase of each permit shall be deposited into the General Revenue Fund.
This permit may also be issued to operate an unladen registered vehicle
which is suspended under the Vehicle Emissions Inspection Law and allow it
to be driven on the roads and highways of the State in order to be repaired
or when traveling to and from an emissions inspection station.
(b) The Secretary of State may, subject to reciprocal agreements,
arrangements or declarations made or entered into pursuant to Section
3-402, 3-402.4 or by rule, provide for and issue registration permits for
the use of Illinois highways by vehicles of the second division on an
occasional basis or for a specific and special short-term use, in
compliance with rules and regulations promulgated by the Secretary of
State, and upon payment of the prescribed fee as follows:
One-trip permits. A registration permit for one trip, or one round-trip
into and out of Illinois, for a period not to exceed 72 consecutive hours
or 3 calendar days may be provided, for a fee as prescribed in Section 3-811.
Three-month permits. A registration permit for 90 days may be provided for
a fee of $13 for registration plus 1/10 of the flat weight tax.
In-transit permits. A registration permit for one trip may be provided
for vehicles in transit by the driveaway or towaway method and operated
by a transporter in compliance with the Illinois Motor Carrier of Property
Law, for a fee as prescribed in Section 3-811.
Illinois Temporary Apportionment Authorization Permits. An apportionment
authorization permit for forty-five days for the immediate operation of
a vehicle upon application for and prior to receiving apportioned credentials
or interstate credentials from the State of Illinois. The fee for
such permit shall be $3.
Illinois Temporary Prorate Authorization Permit. A prorate authorization
permit for forty-five days for the immediate operation of a vehicle upon
application for and prior to receiving prorate credentials or interstate
credentials from the State of Illinois. The fee for such permit shall be
$3.
(c) The Secretary of State shall promulgate by such rule or regulation,
schedules of fees and taxes for such permits and in computing the amount
or amounts due, may round off such amount to the nearest full dollar amount.
(d) The Secretary of State shall further prescribe the form of application
and permit and may require such information and data as necessary and proper,
including confirming the status or identity of the applicant and the vehicle
in question.
(e) Rules or regulations promulgated by the Secretary of State under this
Section shall provide for reasonable and proper limitations and restrictions
governing the application for and issuance and use of permits, and shall
provide for the number of permits per vehicle or per applicant, so as to
preclude evasion of annual registration requirements as may be required by
this Act.
(f) Any permit under this Section is subject to suspension or revocation
under this Act, and in addition, any such permit is subject to suspension
or revocation should the Secretary of State determine that the vehicle
identified in any permit should be properly registered in Illinois. In the
event any such permit is suspended or revoked, the permit is then null and
void, may not be re-instated, nor is a refund therefor available. The
vehicle identified in such permit may not thereafter be operated in
Illinois without being properly registered as provided in this Chapter.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-404) (from Ch. 95 1/2, par. 3-404)
Sec. 3-404. Vehicles of second division carrying persons or
property - Required documents. The Secretary of State shall
require an appropriate document, including but not limited to a
bill of lading, trip manifest or
dispatch record, to be carried, on all vehicles of the second
division, carrying persons or property setting forth therein:
The Secretary of State shall promulgate and publish reasonable
rules and regulations for the administration and enforcement of
this requirement. Vehicles bearing valid current Illinois
registration plate or plates or digital registration plate or plates and registration stickers or digital registration stickers where
applicable shall be exempted from such requirement by the
Secretary of State whether the movement is "intrastate" or
"interstate" as defined in this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
(Text of Section before amendment by P.A. 102-1069)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall
make application to the Secretary of State for the registration of such
vehicle upon the appropriate form or forms furnished by the Secretary.
Every such application shall bear the signature of the owner
written with pen and ink and contain:
(b) When such application refers to a new vehicle purchased from a
dealer the application shall be accompanied by a Manufacturer's Statement
of Origin from the dealer, and a statement showing any lien retained by the
dealer.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-1069)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall
make application to the Secretary of State for the registration of such
vehicle upon the appropriate form or forms furnished by the Secretary.
Every such original application shall bear the signature of the owner
written with pen and ink and contain:
(b) When such application refers to a new vehicle purchased from a
dealer the application shall be accompanied by a Manufacturer's Statement
of Origin from the dealer, and a statement showing any lien retained by the
dealer.
(Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized license plates.
(a) Vanity license plates mean any license plates, assigned to a passenger
motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing 1 to 7 letters and no
numbers or 1, 2, or 3 numbers and no letters as requested by the owner of the
vehicle and license plates issued to retired members of Congress under Section
3-610.1 or to retired members of the General Assembly as provided in Section
3-606.1. Personalized license plates mean any license plates, assigned to a
passenger motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing one of the following
combinations of letters and numbers, as requested by the owner of the vehicle:
Standard Passenger Plates
First Division Vehicles
1 letter plus 0-99
2 letters plus 0-99
3 letters plus 0-99
4 letters plus 0-99
5 letters plus 0-99
6 letters plus 0-9
Second Division Vehicles
8,000 pounds or less, Trailers
8,000
pounds or less paying the flat
weight tax, and Recreation Vehicles
0-999 plus 1 letter
0-999 plus 2 letters
0-999 plus 3 letters
0-99 plus 4 letters
0-9 plus 5 letters
(b) For any registration period commencing after December 31, 2003, any
person who is the registered owner of a passenger motor vehicle of the first
division, of a motor vehicle of the second division registered at not
more than 8,000 pounds, of a trailer weighing 8,000 pounds or less paying the flat weight tax, of a funeral home vehicle, of an electric vehicle, or of a recreational vehicle registered with the
Secretary of State or who makes application for an original registration of
such a motor vehicle or renewal registration of such a motor vehicle may,
upon payment of a fee prescribed in Section 3-806.1 or Section 3-806.5,
apply to the Secretary of State for vanity or personalized license plates.
(c) Except as otherwise provided in this Chapter 3, vanity and personalized
license plates as issued under this Section shall be the same color and design
as other passenger vehicle license plates or electric vehicle license plates and shall not in any manner conflict
with any other existing passenger, commercial, trailer, motorcycle, or special
license plate series. However, special registration plates issued under
Sections 3-611 and 3-616 for vehicles operated by or for persons with
disabilities may also be vanity or personalized license plates.
(d) Vanity and personalized license plates shall be issued only to the
registered owner of the vehicle on which they are to be displayed, except
as provided in Sections 3-611 and 3-616 for special registration plates
for vehicles operated by or for persons with
disabilities.
(e) An applicant for the issuance of vanity or personalized license
plates or subsequent renewal thereof shall file an application in such form
and manner and by such date as the Secretary of State may, in his discretion,
require.
No vanity nor personalized license plates shall be approved, manufactured, or
distributed that contain any characters, symbols other than the international
accessibility symbol for vehicles operated by or for
persons with disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued pursuant to this
Act may be subject to the Staggered Registration System as prescribed by
the Secretary of State.
(g) For purposes of this Section, "funeral home vehicle" means any motor vehicle of the first division or motor vehicle of the second division weighing 8,000 pounds or less that is owned or leased by a funeral home.
(h) As used in this Section, "electric vehicle" means any vehicle that is required to be registered under Section 3-805.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-405.2) (from Ch. 95 1/2, par. 3-405.2)
Sec. 3-405.2.
Improper plates.
The Secretary of State shall refuse
to issue any license plates bearing a combination of letters or numbers,
or both, which creates a potential duplication or, in the opinion of the
Secretary, (1) would substantially interfere with plate identification for
law enforcement purposes, (2) is misleading, or (3) creates a connotation
that is offensive to good taste and decency.
The Secretary may revoke any such plates issued previously. Any person
who has his or her plates revoked under this Section may acquire at no charge
new plates and any required stickers of the same category and for the same
period of registration.