Ill. Admin. Code tit. 86, § 500.300 - Licensure - Temporary Waiver upon Determination of Disaster
a) Except as
provided in Section
500.320 or as otherwise
provided in subsection (f) of this Section, no motor carrier shall operate
commercial motor vehicles, as defined in Section
500.100, in
Illinois without first securing a motor fuel use tax license and decals issued
by the Department under the IFTA program or by any member
jurisdiction.
b) Illinois IFTA
credentials may be obtained from the Department by Illinois based carriers who
operate one or more commercial motor vehicles in at least one other IFTA-member
jurisdiction. Illinois based carriers are those carriers whose operational
control and records for their vehicles are maintained or can be made available
in Illinois and whose commercial motor vehicles accrue miles in Illinois.
Carriers who are based in a non-IFTA jurisdiction will not be issued IFTA
credentials by the Department, unless issuance is granted for fleet
consolidation purposes. An Illinois carrier registered under the IFTA must
consolidate all vehicles in its fleet. Fleet consolidation must include
commercial motor vehicles based in other IFTA jurisdictions and non-IFTA
jurisdictions and may include motor vehicles that travel exclusively
intrastate, regardless of jurisdiction.
c) Motor carriers operating commercial motor
vehicles that are based in a jurisdiction that has not joined IFTA, and who
wish to operate in Illinois, must obtain single trip permits before operating
in Illinois.
d) Motor vehicles
operated by the State of Illinois or the United States government, recreational
vehicles and school buses (with school bus license plates) are not required to
register as provided in subsection (a). However, if these carriers will travel
in other jurisdictions, they may wish to obtain a motor fuel use tax license
and decals under the provisions of the International Fuel Tax Agreement. This
will allow the carrier, when in an IFTA jurisdiction that does not consider it
exempt, to avoid receiving citations or being required to obtain the proper
credentials (e.g., single trip permits). If the carrier is travelling in a
non-IFTA jurisdiction and is not considered to be exempt from fuel tax
reporting requirements, it must purchase single trip permits or otherwise
obtain the proper motor fuel use tax credentials required by the laws of that
particular jurisdiction.
e) In
order to establish and maintain the concept of one license and administrative
base jurisdiction for each licensee, the Department shall issue only one
license to each person.
f) The
Director of the Department of Revenue, or his or her designee, may, upon
determining that a disaster exists in Illinois or in any other state,
temporarily waive the licensing requirements of this Section for commercial
motor vehicles that travel through Illinois for the purpose of assisting in
disaster relief efforts. Temporary waiver of the licensing requirements imposed
in this Section shall not exceed a period of 30 days from the date the Director
temporarily waives the licensing requirements of this Section. For purposes of
this Section, a disaster includes flood, tornado, hurricane, fire, earthquake,
or any other disaster that causes or threatens loss of life or destruction or
damage to property of such a magnitude as to endanger the public health, safety
and welfare. The licensing requirements of this Section shall be temporarily
waived only if the operator of the commercial motor vehicle can provide proof
by manifest that the commercial motor vehicle is traveling through Illinois or
returning to Illinois from a point outside Illinois for purposes of assisting
in disaster relief efforts. (Section 13a.4 of the Law)
Notes
Amended at 36 Ill. Reg. 6677, effective April 12, 2012
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