Sen. Patrick J. Joyce

Filed: 3/16/2023

 

 


 

 


 
10300SB0273sam001LRB103 26218 MXP 58875 a

1
AMENDMENT TO SENATE BILL 273

2    AMENDMENT NO. ______. Amend Senate Bill 273 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 13-101, 13-103, 13-106, 13-107, 13-108,
613-109, and 13-110 and by adding Sections 13-103.4 and
713-105.2 as follows:
 
8    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
9    Sec. 13-101. Submission to safety test; certificate of
10safety. To promote the safety of the general public, every
11owner of a second division vehicle, medical transport vehicle,
12tow truck, first division vehicle including a taxi which is
13used for a purpose that requires a school bus driver permit,
14motor vehicle used for driver education training, or contract
15carrier transporting employees in the course of their
16employment on a highway of this State in a vehicle designed to

 

 

10300SB0273sam001- 2 -LRB103 26218 MXP 58875 a

1carry 15 or fewer passengers shall, before operating the
2vehicle upon the highways of Illinois, submit it to a "safety
3test" and secure a certificate of safety furnished by the
4Department as set forth in Section 13-109. Each second
5division motor vehicle that pulls or draws a trailer,
6semitrailer or pole trailer, with a gross weight of 10,001 lbs
7or more or is registered for a gross weight of 10,001 lbs or
8more, motor bus, religious organization bus, school bus,
9senior citizen transportation vehicle, and limousine shall be
10subject to inspection by the Department and the Department is
11authorized to establish rules and regulations for the
12implementation of such inspections.
13    The owners of each salvage vehicle shall submit it to a
14"safety test" and secure a certificate of safety furnished by
15the Department prior to its salvage vehicle inspection
16pursuant to Section 3-308 of this Code. In implementing and
17enforcing the provisions of this Section, the Department and
18other authorized State agencies shall do so in a manner that is
19not inconsistent with any applicable federal law or regulation
20so that no federal funding or support is jeopardized by the
21enactment or application of these provisions.
22    However, none of the provisions of Chapter 13 requiring
23safety tests or a certificate of safety shall apply to:
24        (a) farm tractors, machinery and implements, wagons,
25    wagon-trailers or like farm vehicles used primarily in
26    agricultural pursuits;

 

 

10300SB0273sam001- 3 -LRB103 26218 MXP 58875 a

1        (b) vehicles other than school buses, tow trucks and
2    medical transport vehicles owned or operated by a
3    municipal corporation or political subdivision having a
4    population of 1,000,000 or more inhabitants and which are
5    subject to safety tests imposed by local ordinance or
6    resolution;
7        (c) a semitrailer or trailer having a gross weight of
8    5,000 pounds or less including vehicle weight and maximum
9    load;
10        (d) recreational vehicles;
11        (e) vehicles registered as and displaying Illinois
12    antique vehicle plates and vehicles registered as
13    expanded-use antique vehicles and displaying expanded-use
14    antique vehicle plates;
15        (f) house trailers equipped and used for living
16    quarters;
17        (g) vehicles registered as and displaying Illinois
18    permanently mounted equipment plates or similar vehicles
19    eligible therefor but registered as governmental vehicles
20    provided that if said vehicle is reclassified from a
21    permanently mounted equipment plate so as to lose the
22    exemption of not requiring a certificate of safety, such
23    vehicle must be safety tested within 30 days of the
24    reclassification;
25        (h) vehicles owned or operated by a manufacturer,
26    dealer or transporter displaying a special plate or plates

 

 

10300SB0273sam001- 4 -LRB103 26218 MXP 58875 a

1    as described in Chapter 3 of this Code while such vehicle
2    is being delivered from the manufacturing or assembly
3    plant directly to the purchasing dealership or
4    distributor, or being temporarily road driven for quality
5    control testing, or from one dealer or distributor to
6    another, or are being moved by the most direct route from
7    one location to another for the purpose of installing
8    special bodies or equipment, or driven for purposes of
9    demonstration by a prospective buyer with the dealer or
10    his agent present in the cab of the vehicle during the
11    demonstration;
12        (i) pole trailers and auxiliary axles;
13        (j) special mobile equipment;
14        (k) vehicles properly registered in another State
15    pursuant to law and displaying a valid registration plate
16    or digital registration plate, except vehicles of contract
17    carriers transporting employees in the course of their
18    employment on a highway of this State in a vehicle
19    designed to carry 15 or fewer passengers are only exempted
20    to the extent that the safety testing requirements
21    applicable to such vehicles in the state of registration
22    are no less stringent than the safety testing requirements
23    applicable to contract carriers that are lawfully
24    registered in Illinois;
25        (l) water-well boring apparatuses or rigs;
26        (m) any vehicle which is owned and operated by the

 

 

10300SB0273sam001- 5 -LRB103 26218 MXP 58875 a

1    federal government and externally displays evidence of
2    such ownership; and
3        (n) second division vehicles registered for a gross
4    weight of 10,000 pounds or less, except when such second
5    division motor vehicles pull or draw a trailer,
6    semi-trailer or pole trailer having a gross weight of or
7    registered for a gross weight of more than 10,000 pounds;
8    motor buses; religious organization buses; school buses;
9    senior citizen transportation vehicles; medical transport
10    vehicles; tow trucks; and any property carrying vehicles
11    being operated in commerce that are registered for a gross
12    weight of more than 8,000 lbs but less than 10,001 lbs.
13    The safety test shall include the testing and inspection
14of brakes, lights, horns, reflectors, rear vision mirrors,
15mufflers, safety chains, windshields and windshield wipers,
16warning flags and flares, frame, axle, cab and body, or cab or
17body, wheels, steering apparatus, and other safety devices and
18appliances required by this Code and such other safety tests
19as the Department may by rule or regulation require, for
20second division vehicles, school buses, medical transport
21vehicles, tow trucks, first division vehicles including taxis
22which are used for a purpose that requires a school bus driver
23permit, motor vehicles used for driver education training,
24vehicles designed to carry 15 or fewer passengers operated by
25a contract carrier transporting employees in the course of
26their employment on a highway of this State, trailers, and

 

 

10300SB0273sam001- 6 -LRB103 26218 MXP 58875 a

1semitrailers subject to inspection.
2    For tow trucks, the safety test and inspection shall also
3include the inspection of winch mountings, body panels, body
4mounts, wheel lift swivel points, and sling straps, and other
5tests and inspections the Department by rule requires for tow
6trucks.
7    For driver education vehicles used by public high schools,
8the vehicle must also be equipped with dual control brakes, a
9mirror on each side of the vehicle so located as to reflect to
10the driver a view of the highway for a distance of at least 200
11feet to the rear, and a sign visible from the front and the
12rear identifying the vehicle as a driver education car.
13    For trucks, truck tractors, trailers, semi-trailers, and
14buses engaged in interstate commerce, as defined in Section
151-133, and first division vehicles including taxis which are
16used for a purpose that requires a school bus driver permit,
17the safety test shall be conducted in accordance with the
18Minimum Periodic Inspection Standards promulgated by the
19Federal Highway Administration of the U.S. Department of
20Transportation and contained in Appendix G to Subchapter B of
21Chapter III of Title 49 of the Code of Federal Regulations.
22Those standards, as now in effect, are made a part of this
23Code, in the same manner as though they were set out in full in
24this Code.
25    The passing of the safety test shall not be a bar at any
26time to prosecution for operating a second division vehicle,

 

 

10300SB0273sam001- 7 -LRB103 26218 MXP 58875 a

1medical transport vehicle, motor vehicle used for driver
2education training, or vehicle designed to carry 15 or fewer
3passengers operated by a contract carrier as provided in this
4Section that is unsafe, as determined by the standards
5prescribed in this Code.
6(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
 
7    (625 ILCS 5/13-103)  (from Ch. 95 1/2, par. 13-103)
8    Sec. 13-103. Official testing stations - Fee - Permit -
9Bond. Upon the payment of a fee of $50 $10 and the filing of an
10application by the proprietor of a company or municipality any
11vehicle service station or public or private garage upon forms
12furnished by the Department, accompanied by proof of
13experience, training and ability of the operator of the
14testing equipment, together with proof of installation of
15approved testing equipment as defined in Section 13-102 and
16the giving of a bond conditioned upon faithful observance of
17this Section and of rules and regulations issued by the
18Department in the amount of $10,000 $1,000 with security
19approved by the Department, the Department shall issue a
20permit to the proprietor of such company or municipality
21vehicle service station or garage to operate an Official
22Testing Station. Such permit shall expire 12 months following
23its issuance, but may be renewed annually by complying with
24the requirements set forth in this Section and upon the
25payment of a renewal fee of $50 $10. Proprietors of official

 

 

10300SB0273sam001- 8 -LRB103 26218 MXP 58875 a

1testing stations for which permits have been issued prior to
2the effective date of this Act may renew such permits for the
3renewal fee of $50 $10 on the expiration of each 12 months
4following issuance of such permits, by complying with the
5requirements set forth in this Section. However, any city,
6village or incorporated town shall upon application to the
7Department and without payment of any fee or filing of any
8bond, but upon proof of experience, training and ability of
9the operator of the testing equipment, and proof of the
10installation of approved testing equipment as defined in
11Section 13-102, be issued a permit to operate such testing
12station as an Official Testing Station under this Act. The
13permit so issued shall at all times be displayed in a prominent
14place in the official vehicle service station, garage or
15municipal testing station which is licensed as an Official
16Testing Station under this Act. No person or company vehicle
17service station, garage or municipality municipal testing
18station shall in any manner claim or represent himself or
19itself to be an official testing station unless a permit has
20been issued to him or it as provided in this Section.
21    Any person or municipality who or which has received a
22permit under this Section may test his or its own second
23division vehicles and issue certificates of safety and conduct
24emission inspections of his or its own second division
25vehicles in accordance with the requirements of Section
2613-109.1 with respect to any such second division vehicles

 

 

10300SB0273sam001- 9 -LRB103 26218 MXP 58875 a

1owned, operated or controlled by him or it.
2    Each such permit issued by the Department shall state on
3its face the location of the official testing station to be
4operated under the permit and safety tests shall be made only
5at such location. However, the Department may, upon
6application, authorize a change in the location of the
7official testing station and the removal of the testing
8equipment to the new location. Upon approval of such
9application, the Department shall issue an endorsement which
10the applicant shall affix to his permit. Such endorsement
11constitutes authority for the applicant to make such change in
12location and to remove his testing equipment at the times and
13to the places stated in the endorsement.
14(Source: P.A. 91-254, eff. 7-1-00.)
 
15    (625 ILCS 5/13-103.4 new)
16    Sec. 13-103.4. Official mobile safety testing company;
17fee; permit; bond. Upon the payment of a fee of $50 and the
18filing of an application by the proprietor of a company or
19municipality seeking to perform mobile safety inspections upon
20forms furnished by the Department, accompanied by proof of
21experience, training, and ability of the operator of the
22testing equipment, together with proof of approved testing
23equipment as defined in Section 13-102 and the giving of a bond
24conditioned upon faithful observance of this Section and rules
25adopted by the Department in the amount of $10,000 with

 

 

10300SB0273sam001- 10 -LRB103 26218 MXP 58875 a

1security approved by the Department, the Department shall
2issue a permit to the proprietor to operate an official mobile
3safety testing company. An official mobile safety testing
4company must maintain a physical office in this State. The
5permit shall expire 12 months following its issuance, but may
6be renewed annually by complying with the requirements set
7forth in this Section and upon the payment of a renewal fee of
8$50. The permit so issued shall at all times be displayed in a
9prominent place in the official mobile safety testing vehicle
10as well as at the required physical office of the testing
11company. No person or official mobile safety testing company
12shall in any manner claim or represent himself, herself, or
13itself to be an official mobile safety testing company unless
14a permit has been issued to the person or company as provided
15in this Section.
16    Any person or municipality that has received a permit
17under this Section may test the second division vehicles owned
18by the person or municipality and issue certificates of safety
19for vehicles owned by the person or municipality in accordance
20with the requirements of Section 13-109.1 with respect to any
21such vehicles owned, operated, or controlled by the person or
22municipality.
23    Each such permit issued by the Department shall state on
24its face the location of the physical office of the official
25mobile safety testing company. The physical office shall be
26the location in which all records are stored and retained.

 

 

10300SB0273sam001- 11 -LRB103 26218 MXP 58875 a

1Official mobile safety testing companies shall only perform
2safety tests of vehicles at the vehicle owner's place of
3business with a 48-hour advance notice to the Department. The
4Department may, upon application, authorize a change in the
5location of the physical office to a new location. Upon the
6approval of such an application, the Department shall issue an
7endorsement, which the applicant shall affix to his or her
8permit. Such an endorsement constitutes authority for the
9applicant to operate.
10    As used in this Section, "official mobile safety testing
11company" means a safety testing company permitted to test
12trucks, truck tractors, trailers, semi-trailers, and buses
13engaged in interstate commerce as defined in Section 1-133.
14The safety test shall be conducted in accordance with the
15Minimum Periodic Inspection Standards adopted by the Federal
16Highway Administration of the U.S. Department of
17Transportation and contained in Appendix G to Subchapter B of
18Chapter III of Title 49 of the Code of Federal Regulations.
19    The Department shall adopt rules to implement this
20Section.
 
21    (625 ILCS 5/13-105.2 new)
22    Sec. 13-105.2. Inspection of official mobile safety
23testing companies. An employee specifically authorized to
24perform inspections by the Department shall inspect all
25official mobile safety testing companies at frequent

 

 

10300SB0273sam001- 12 -LRB103 26218 MXP 58875 a

1intervals. Such an employee shall have access to all records
2relating to tests and work done or parts sold as a result of
3such tests, to ascertain whether the tests are properly,
4fairly, and honestly made, and may examine the owner of the
5official mobile safety testing company or any officer or
6employee thereof under oath.
 
7    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)
8    Sec. 13-106. Rates and charges by official testing
9stations, official mobile testing companies, and official
10portable emissions testing companies; schedule to be filed.
11Every operator of an official testing station or official
12portable emissions testing company shall file with the
13Department, in the manner prescribed by the Department, a
14schedule of all rates and charges made by him for performing
15the tests provided for in Section 13-101 and Section 13-109.1.
16Such rate or charge shall include an amount to reimburse the
17operator of the official testing station or official portable
18emissions testing company for the purchase from the Department
19of the certificate of safety required by this chapter, not to
20exceed that fee paid to the Department by the operator
21authorized by this chapter. Such rates and charges shall be
22just and reasonable and the Department upon its own initiative
23or upon complaint of any person or corporation may require the
24testing station operator to appear for a hearing and prove
25that the rates so filed are just and reasonable. A "just and

 

 

10300SB0273sam001- 13 -LRB103 26218 MXP 58875 a

1reasonable" rate or charge, for the purposes of this Section,
2means a rate or charge which is the same, or nearly the same,
3as the prevailing rate or charge for the same or similar tests
4made in the community where the station is located. No
5operator may change this schedule of rates and charges until
6the proposed changes are filed with and approved by the
7Department. No license may be issued to any official testing
8station or official portable emissions testing company unless
9the applicant has filed with the Department a proposed
10schedule of rates and charges and unless such rates and
11charges have been approved by the Department. No operator of
12an official testing station or official portable emissions
13testing company shall charge more or less than the rates so
14filed with and approved by the Department.
15(Source: P.A. 102-566, eff. 1-1-22.)
 
16    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)
17    Sec. 13-107. Investigation of complaints against official
18testing stations, official mobile testing companies, and
19official portable emissions testing companies. The Department
20shall, upon its own motion, or upon charges made in writing
21verified under oath, investigate complaints that an official
22testing station or official portable emissions testing company
23is willfully falsifying records or tests, either for the
24purpose of selling parts or services not actually required, or
25for the purpose of issuing a certificate of safety for a

 

 

10300SB0273sam001- 14 -LRB103 26218 MXP 58875 a

1vehicle designed to carry 15 or fewer passengers operated by a
2contract carrier transporting employees in the course of their
3employment on a highway of this State, second division
4vehicle, or medical transport vehicle that is not in safe
5mechanical condition as determined by the standards of this
6Chapter in violation of the provisions of this Chapter or of
7the rules and regulations issued by the Department.
8    The Secretary of Transportation, for the purpose of more
9effectively carrying out the provisions of Chapter 13, may
10appoint such a number of inspectors as he may deem necessary.
11Such inspectors shall inspect and investigate applicants for
12official testing station or official portable emissions
13testing company permits and investigate and report violations.
14With respect to enforcement of the provisions of this Chapter
1513, such inspectors shall have and may exercise throughout the
16State all the powers of police officers.
17    The Secretary must authorize to each inspector and to any
18other employee of the Department exercising the powers of a
19peace officer a distinct badge that, on its face, (i) clearly
20states that the badge is authorized by the Department and (ii)
21contains a unique identifying number. No other badge shall be
22authorized by the Department. Nothing in this Section
23prohibits the Secretary from issuing shields or other
24distinctive identification to employees not exercising the
25powers of a peace officer if the Secretary determines that a
26shield or distinctive identification is needed by the employee

 

 

10300SB0273sam001- 15 -LRB103 26218 MXP 58875 a

1to carry out his or her responsibilities.
2(Source: P.A. 102-566, eff. 1-1-22.)
 
3    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)
4    Sec. 13-108. Hearing on complaint against official testing
5station, official mobile testing company, or official portable
6emissions testing company; suspension or revocation of permit.
7If it appears to the Department, either through its own
8investigation or upon charges verified under oath, that any of
9the provisions of this Chapter or the rules and regulations of
10the Department are being violated, the Department shall, after
11notice to the person, firm, or corporation charged with such
12violation, conduct a hearing. At least 10 days prior to the
13date of such hearing the Department shall cause to be served
14upon the person, firm, or corporation charged with such
15violation, a copy of such charge or charges by registered mail
16or by the personal service thereof, together with a notice
17specifying the time and place of such hearing. At the time and
18place specified in such notice, the person, firm, or
19corporation charged with such violation shall be given an
20opportunity to appear in person or by counsel and to be heard
21by the Secretary of Transportation or an officer or employee
22of the Department designated in writing by him to conduct such
23hearing. If it appears from the hearing that such person,
24firm, or corporation is guilty of the charge preferred against
25the person, firm, or corporation, the Secretary of

 

 

10300SB0273sam001- 16 -LRB103 26218 MXP 58875 a

1Transportation may order the permit suspended or revoked, and
2the bond forfeited. Any such revocation or suspension shall
3not be a bar to subsequent arrest and prosecution for
4violation of this Chapter.
5(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
6    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 13-109. Safety test prior to application for license -
9 Subsequent tests - Repairs - Retest.
10    (a) Except as otherwise provided in Chapter 13, each
11second division vehicle, first division vehicle including a
12taxi which is used for a purpose that requires a school bus
13driver permit, and medical transport vehicle, except those
14vehicles other than school buses or medical transport vehicles
15owned or operated by a municipal corporation or political
16subdivision having a population of 1,000,000 or more
17inhabitants which are subjected to safety tests imposed by
18local ordinance or resolution, operated in whole or in part
19over the highways of this State, motor vehicle used for driver
20education training, and each vehicle designed to carry 15 or
21fewer passengers operated by a contract carrier transporting
22employees in the course of their employment on a highway of
23this State, shall be subjected to the safety test provided for
24in Chapter 13 of this Code. Tests shall be conducted at an
25official testing station within 6 months prior to the

 

 

10300SB0273sam001- 17 -LRB103 26218 MXP 58875 a

1application for registration as provided for in this Code.
2Subsequently each vehicle shall be subject to tests (i) at
3least every 6 months, (ii) in the case of school buses and
4first division vehicles including taxis which are used for a
5purpose that requires a school bus driver permit, at least
6every 6 months or 10,000 miles, whichever occurs first, (iii)
7in the case of driver education vehicles used by public high
8schools, at least every 12 months for vehicles over 5 model
9years of age or having an odometer reading of over 75,000
10miles, whichever occurs first, or (iv) in the case of truck
11tractors, semitrailers, and property-carrying vehicles
12registered for a gross weight of more than 10,000 pounds but
13less than 26,001 pounds, at least every 12 months, and
14according to schedules established by rules and regulations
15promulgated by the Department. Any component subject to
16regular inspection which is damaged in a reportable accident
17must be reinspected before the bus or first division vehicle
18including a taxi which is used for a purpose that requires a
19school bus driver permit is returned to service.
20    (b) The Department shall also conduct periodic
21nonscheduled inspections of school buses, of buses registered
22as charitable vehicles and of religious organization buses. If
23such inspection reveals that a vehicle is not in substantial
24compliance with the rules promulgated by the Department, the
25Department shall remove the Certificate of Safety from the
26vehicle, and shall place the vehicle out-of-service. A bright

 

 

10300SB0273sam001- 18 -LRB103 26218 MXP 58875 a

1orange, triangular decal shall be placed on an out-of-service
2vehicle where the Certificate of Safety has been removed. The
3vehicle must pass a safety test at an official testing station
4before it is again placed in service.
5    (c) If the violation is not substantial a bright yellow,
6triangular sticker shall be placed next to the Certificate of
7Safety at the time the nonscheduled inspection is made. The
8Department shall reinspect the vehicle after 3 working days to
9determine that the violation has been corrected and remove the
10yellow, triangular decal. If the violation is not corrected
11within 3 working days, the Department shall place the vehicle
12out-of-service in accordance with procedures in subsection
13(b).
14    (d) If a violation is not substantial and does not
15directly affect the safe operation of the vehicle, the
16Department shall issue a warning notice requiring correction
17of the violation. Such correction shall be accomplished as
18soon as practicable and a report of the correction shall be
19made to the Department within 30 days in a manner established
20by the Department. If the Department has not been advised that
21the corrections have been made, and the violations still
22exist, the Department shall place the vehicle out-of-service
23in accordance with procedures in subsection (b).
24    (e) The Department is authorized to promulgate regulations
25to implement its program of nonscheduled inspections. Causing
26or allowing the operation of an out-of-service vehicle with

 

 

10300SB0273sam001- 19 -LRB103 26218 MXP 58875 a

1passengers or unauthorized removal of an out-of-service
2sticker is a Class 3 felony. Causing or allowing the operation
3of a vehicle with a 3-day sticker for longer than 3 days with
4the sticker attached or the unauthorized removal of a 3-day
5sticker is a Class C misdemeanor.
6    (f) If a second division vehicle, first division vehicle
7including a taxi which is used for a purpose that requires a
8school bus driver permit, medical transport vehicle, or
9vehicle operated by a contract carrier as provided in
10subsection (a) of this Section is in safe mechanical
11condition, as determined pursuant to Chapter 13, the operator
12of the official testing station must at once issue to the
13second division vehicle, first division vehicle including a
14taxi which is used for a purpose that requires a school bus
15driver permit, or medical transport vehicle a certificate of
16safety, in the form and manner prescribed by the Department,
17which shall be affixed to the vehicle by the certified safety
18tester who performed the safety tests. The owner of the second
19division vehicle, first division vehicle including a taxi
20which is used for a purpose that requires a school bus driver
21permit, or medical transport vehicle or the contract carrier
22shall at all times display the Certificate of Safety on the
23second division vehicle, first division vehicle including a
24taxi which is used for a purpose that requires a school bus
25driver permit, medical transport vehicle, or vehicle operated
26by a contract carrier in the manner prescribed by the

 

 

10300SB0273sam001- 20 -LRB103 26218 MXP 58875 a

1Department.
2    (g) If a test shows that a second division vehicle, first
3division vehicle including a taxi which is used for a purpose
4that requires a school bus driver permit, medical transport
5vehicle, or vehicle operated by a contract carrier is not in
6safe mechanical condition as provided in this Section, it
7shall not be operated on the highways until it has been
8repaired and submitted to a retest at an official testing
9station. If the owner or contract carrier submits the vehicle
10to a retest at a different official testing station from that
11where it failed to pass the first test, he or she shall present
12to the operator of the second station the report of the
13original test, and shall notify the Department in writing,
14giving the name and address of the original testing station
15and the defects which prevented the issuance of a Certificate
16of Safety, and the name and address of the second official
17testing station making the retest.
18(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
 
19    (Text of Section after amendment by P.A. 102-982)
20    Sec. 13-109. Safety test prior to application for license -
21 Subsequent tests - Repairs - Retest.
22    (a) Except as otherwise provided in Chapter 13, each
23second division vehicle, first division vehicle including a
24taxi which is used for a purpose that requires a school bus
25driver permit, and medical transport vehicle, except those

 

 

10300SB0273sam001- 21 -LRB103 26218 MXP 58875 a

1vehicles other than school buses or medical transport vehicles
2owned or operated by a municipal corporation or political
3subdivision having a population of 1,000,000 or more
4inhabitants which are subjected to safety tests imposed by
5local ordinance or resolution, operated in whole or in part
6over the highways of this State, motor vehicle used for driver
7education training, and each vehicle designed to carry 15 or
8fewer passengers operated by a contract carrier transporting
9employees in the course of their employment on a highway of
10this State, shall be subjected to the safety test provided for
11in Chapter 13 of this Code. Tests shall be conducted at an
12official testing station or by an official mobile safety
13testing company within 6 months prior to the application for
14registration as provided for in this Code. Subsequently each
15vehicle shall be subject to tests (i) at least every 6 months,
16(ii) in the case of school buses and first division vehicles
17including taxis which are used for a purpose that requires a
18school bus driver permit, at least every 6 months or 10,000
19miles, whichever occurs first, (iii) in the case of driver
20education vehicles used by public high schools, at least every
2112 months for vehicles over 5 model years of age or having an
22odometer reading of over 75,000 miles, whichever occurs first,
23or (iv) in the case of truck tractors, semitrailers, and
24property-carrying vehicles registered for a gross weight of
25more than 10,000 pounds but less than 26,001 pounds, at least
26every 12 months, and according to schedules established by

 

 

10300SB0273sam001- 22 -LRB103 26218 MXP 58875 a

1rules and regulations promulgated by the Department. Any
2component subject to regular inspection which is damaged in a
3reportable crash must be reinspected before the bus or first
4division vehicle including a taxi which is used for a purpose
5that requires a school bus driver permit is returned to
6service.
7    (b) The Department shall also conduct periodic
8nonscheduled inspections of school buses, of buses registered
9as charitable vehicles and of religious organization buses. If
10such inspection reveals that a vehicle is not in substantial
11compliance with the rules promulgated by the Department, the
12Department shall remove the Certificate of Safety from the
13vehicle, and shall place the vehicle out-of-service. A bright
14orange, triangular decal shall be placed on an out-of-service
15vehicle where the Certificate of Safety has been removed. The
16vehicle must pass a safety test at an official testing station
17or official mobile safety testing company before it is again
18placed in service.
19    (c) If the violation is not substantial a bright yellow,
20triangular sticker shall be placed next to the Certificate of
21Safety at the time the nonscheduled inspection is made. The
22Department shall reinspect the vehicle after 3 working days to
23determine that the violation has been corrected and remove the
24yellow, triangular decal. If the violation is not corrected
25within 3 working days, the Department shall place the vehicle
26out-of-service in accordance with procedures in subsection

 

 

10300SB0273sam001- 23 -LRB103 26218 MXP 58875 a

1(b).
2    (d) If a violation is not substantial and does not
3directly affect the safe operation of the vehicle, the
4Department shall issue a warning notice requiring correction
5of the violation. Such correction shall be accomplished as
6soon as practicable and a report of the correction shall be
7made to the Department within 30 days in a manner established
8by the Department. If the Department has not been advised that
9the corrections have been made, and the violations still
10exist, the Department shall place the vehicle out-of-service
11in accordance with procedures in subsection (b).
12    (e) The Department is authorized to promulgate regulations
13to implement its program of nonscheduled inspections. Causing
14or allowing the operation of an out-of-service vehicle with
15passengers or unauthorized removal of an out-of-service
16sticker is a Class 3 felony. Causing or allowing the operation
17of a vehicle with a 3-day sticker for longer than 3 days with
18the sticker attached or the unauthorized removal of a 3-day
19sticker is a Class C misdemeanor.
20    (f) If a second division vehicle, first division vehicle
21including a taxi which is used for a purpose that requires a
22school bus driver permit, medical transport vehicle, or
23vehicle operated by a contract carrier as provided in
24subsection (a) of this Section is in safe mechanical
25condition, as determined pursuant to Chapter 13, the operator
26of the official testing station or official mobile safety

 

 

10300SB0273sam001- 24 -LRB103 26218 MXP 58875 a

1testing company must at once issue to the second division
2vehicle, first division vehicle including a taxi which is used
3for a purpose that requires a school bus driver permit, or
4medical transport vehicle a certificate of safety, in the form
5and manner prescribed by the Department, which shall be
6affixed to the vehicle by the certified safety tester who
7performed the safety tests. The owner of the second division
8vehicle, first division vehicle including a taxi which is used
9for a purpose that requires a school bus driver permit, or
10medical transport vehicle or the contract carrier shall at all
11times display the Certificate of Safety on the second division
12vehicle, first division vehicle including a taxi which is used
13for a purpose that requires a school bus driver permit,
14medical transport vehicle, or vehicle operated by a contract
15carrier in the manner prescribed by the Department.
16    (g) If a test shows that a second division vehicle, first
17division vehicle including a taxi which is used for a purpose
18that requires a school bus driver permit, medical transport
19vehicle, or vehicle operated by a contract carrier is not in
20safe mechanical condition as provided in this Section, it
21shall not be operated on the highways until it has been
22repaired and submitted to a retest at an official testing
23station or official mobile safety testing company. If the
24owner or contract carrier submits the vehicle to a retest at a
25different official testing station or official mobile safety
26testing company from that where it failed to pass the first

 

 

10300SB0273sam001- 25 -LRB103 26218 MXP 58875 a

1test, he or she shall present to the operator of the second
2station the report of the original test, and shall notify the
3Department in writing, giving the name and address of the
4original testing station or official mobile safety testing
5company and the defects which prevented the issuance of a
6Certificate of Safety, and the name and address of the second
7official testing station or official mobile safety testing
8company making the retest.
9(Source: P.A. 102-982, eff. 7-1-23.)
 
10    (625 ILCS 5/13-110)  (from Ch. 95 1/2, par. 13-110)
11    Sec. 13-110. Certificate of safety. (a) Certificates of
12Safety shall be in contrasting colors, with a number on the
13face of the Certificate indicating the month of the next
14inspection period the vehicle is subject to inspection.
15Certificates for school buses shall also indicate the mileage
16at which the school bus shall be subject to inspection if it
17occurs before the next regular inspection period. The colors
18of Certificates of Safety shall be prescribed by the
19Department.
20    (b) Certificates of Safety, which remain the property of
21the State of Illinois, will be provided to Official Testing
22Stations and official mobile safety testing company by the
23Department at the fee of $1 each. Certificates of Safety which
24remain unused at the end of each inspection period will be
25redeemed for the same amount in a manner prescribed by the

 

 

10300SB0273sam001- 26 -LRB103 26218 MXP 58875 a

1Department.
2    (c) Nothing in this Chapter shall be construed as a
3suggestion or direction to any owner to require him to have any
4repairs made or any work done by any official testing station
5or official mobile safety testing company, but all tests must
6be made at an official testing station to secure the issuance
7of a certificate of safety, and no certificate of safety
8issued by any other than an official testing station or
9official mobile safety testing company shall be deemed a
10compliance with this Chapter.
11(Source: P.A. 83-311.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.".