Ill. Admin. Code tit. 92, § 1010.195 - Procedures and Disclosures for Vehicles Previously Titled in Areas Flooded as a Result of a Natural Disaster
As used in this Section, the term "areas flooded as a result of a natural disaster" (hereinafter, "flooded area") shall refer to a geographic area that has been declared a natural disaster by state or federal officials and flooded to a depth in excess of one foot, in an area in excess of one square mile.
a) An application for
an Illinois certificate of title for a vehicle that was last titled in a
flooded area will be subject to the following procedures:
1) the vehicle will be checked against the
National Insurance Crime Bureau (NICB) database to determine if the vehicle is
a known flood-damaged vehicle; and
2) if the vehicle is not in the NICB database
as a known flood-damaged vehicle, the Secretary shall determine whether the
vehicle was last registered in a county (or parish in Louisiana) that was
included in the flooded area.
b) Any vehicle listed by NICB as a known
flood-damaged vehicle shall be issued an Illinois salvage certificate with the
brand "flood".
c) The applicant for
a title for a vehicle that was not in the NICB database as a known
flood-damaged vehicle, but was last registered in a county included in a flood
area, unless the jurisdiction in which the vehicle was last registered reports
flood vehicles to the National Motor Vehicle Title and Information System
(NMVTIS), shall be required at the time of application to complete a flood
disclosure statement. This statement shall require the applicant to disclose
whether the vehicle sustained physical damage or water damage as a result of
the flooding and, if there was damage, the extent of damage the vehicle
sustained. If a previous jurisdiction reports flood status to NMVTIS and the
Secretary is able to ascertain whether or not a vehicle sustained flood damage
due to a natural disaster, then a flood disclosure form does not need to
accompany an application for a certificate of title. The Secretary does reserve
the right to request a flood disclosure at any time, if the NMVTIS system is
unavailable or the vehicle's status is undetermined.
d) If a vehicle is not listed by NICB as a
known flood-damaged vehicle and was last registered in a county included in a
flood area, and the application is accompanied by a flood disclosure statement,
that vehicle shall be issued an Illinois certificate of title or salvage
certificate, as determined by the information in the flood disclosure
statement.
e) If a vehicle is not
listed by NICB as a known flood-damaged vehicle and was last registered in a
county included in a flood area, and the application is not accompanied by a
flood disclosure statement, that vehicle shall be issued an Illinois salvage
certificate with the brand "flood".
f) Vehicles titled in Illinois that had a
title branded from the previous state will receive a similar Illinois branded
title.
g) The Secretary will
utilize these procedures for up to 12 months after the date of the natural
disaster declaration.
Notes
Added at 37 Ill. Reg. 4340, effective March 22, 2013
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