State of Illinois
91st General Assembly
Legislation

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91_HB2031

 
                                              LRB9104097KSgcC

 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Sections 13B-15, 13B-25, 13B-50, and 13B-75.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Sections  13B-15,  13B-25,  13B-50,  and  13B-75  as
 7    follows:

 8        (625 ILCS 5/13B-15)
 9        Sec. 13B-15. Inspections.
10        (a)  Beginning  with  the  implementation  of the program
11    required by this Chapter, every motor vehicle that  is  owned
12    by  a resident of an affected county and every diesel powered
13    vehicle weighing 8,000 pounds or more, other than  a  vehicle
14    that  is  exempt  under  subsection (f) or (g), is subject to
15    inspection under the program.
16        The Agency shall send notice of the  assigned  inspection
17    month,  at least 15 days before the beginning of the assigned
18    month, to the owner of each vehicle subject to  the  program,
19    except  for  owners  of diesel powered vehicles weighing more
20    than 8,000 pounds who reside outside an affected county.  For
21    a vehicle that was subject to inspection before the effective
22    date  of this amendatory Act of 1994 and for which an initial
23    inspection sticker  or  initial  inspection  certificate  has
24    already  been  issued, the month to be assigned by the Agency
25    for that vehicle  shall  not  be  earlier  than  the  current
26    assigned  month,  unless  so  requested  by the owner. If the
27    assigned month is later than the current assigned month,  the
28    Agency  shall  issue either a corrected inspection sticker or
29    corrected certificate for that vehicle.
30        Initial   emission   inspection   stickers   or   initial
31    inspection certificates, as the case may be,  expire  on  the
 
                            -2-               LRB9104097KSgcC
 1    last  day  of the third month following the month assigned by
 2    the Agency for the first inspection of the  vehicle.  Renewal
 3    inspection stickers or certificates expire on the last day of
 4    the  third  month following the month assigned for inspection
 5    in the  year  in  which  the  vehicle's  next  inspection  is
 6    required.
 7        The  Agency  or  its  agent may issue an interim emission
 8    inspection sticker or certificate for any vehicle subject  to
 9    inspection  that  does  not  have  a currently valid emission
10    inspection sticker or certificate at the time the  Agency  is
11    notified  by  the Secretary of State of its registration by a
12    new owner, and  for  which  an  initial  emission  inspection
13    sticker  or  certificate  has  already  been  issued. Interim
14    emission inspection stickers or certificates expire no  later
15    than  the last day of the sixth complete calendar month after
16    the date the Agency issued the  interim  emission  inspection
17    sticker or certificate.
18        The  owner  of  each  vehicle subject to inspection shall
19    obtain an emission inspection sticker or certificate for  the
20    vehicle  in  accordance  with  this  subsection.  Before  the
21    expiration of the emission inspection sticker or certificate,
22    the   owner  shall  have  the  vehicle  inspected  and,  upon
23    demonstration  of  compliance,  obtain  a  renewal   emission
24    inspection   sticker   or  certificate.  A  renewal  emission
25    inspection sticker or certificate shall not  be  issued  more
26    than  5  months  before  the  expiration date of the previous
27    inspection sticker or certificate.
28        (b)  Except as provided in  subsections  subsection  (c),
29    (j),  and (k), vehicles shall be inspected every 2 years on a
30    schedule that begins either in the second, fourth,  or  later
31    calendar  year  after  the  vehicle model year. The beginning
32    test schedule shall  be  set  by  the  Agency  and  shall  be
33    consistent   with   the  State's  requirements  for  emission
34    reductions as determined  by  the  applicable  United  States
 
                            -3-               LRB9104097KSgcC
 1    Environmental  Protection Agency vehicle emissions estimation
 2    model and applicable guidance and rules.
 3        (c)  A  vehicle  may  be  inspected  out  of  its  2-year
 4    inspection schedule when a new owner acquires the vehicle and
 5    it should have been, but was not, in compliance with this Act
 6    when the vehicle was acquired by the new owner.
 7        (d)  The owner of a vehicle subject to  inspection  shall
 8    have  the  vehicle  inspected  and  obtain and display on the
 9    vehicle or carry within the vehicle, in a manner specified by
10    the Agency, a valid unexpired emission inspection sticker  or
11    certificate in the manner specified by the Agency.
12        Any  person who violates this subsection (d) is guilty of
13    a petty offense, except that a third or subsequent  violation
14    within  one  year  of  the  first  violation  is  a  Class  C
15    misdemeanor.  The  fine  imposed  for  a  violation  of  this
16    subsection  shall  be  not  less  than  $50  if the violation
17    occurred within 60 days following the date by which a new  or
18    renewal   emission  inspection  sticker  or  certificate  was
19    required to be obtained for the vehicle, and  not  less  than
20    $300  if  the violation occurred more than 60 days after that
21    date.
22        (e) (1)  For a $20 fee,  to  be  paid  into  the  Vehicle
23    Inspection Fund, the Agency shall inspect:
24             (A)  Vehicles   operated  on  federal  installations
25        within an affected county, pursuant to Title 40,  Section
26        51.356 of the Code of Federal Regulations.
27             (B)  Federally  owned  vehicles operated in affected
28        counties.
29        (2)  For a fee of  $20,  to  be  paid  into  the  Vehicle
30    Inspection Fund, the Agency may inspect:
31             (A)  Vehicles registered in  and subject to emission
32        inspections requirements of another state.
33             (B)  Vehicles   presented   for   inspection   on  a
34        voluntary basis.
 
                            -4-               LRB9104097KSgcC
 1        Any fees collected under this subsection shall not offset
 2    normally appropriated Motor Fuel Tax Funds.
 3        (f)  Except as provided in subsections  (j)  and  (k)  of
 4    this  Section,  the  following  vehicles  are  not subject to
 5    inspection:
 6             (1)  Vehicles  not  subject  to  registration  under
 7        Article IV of Chapter 3 of this Code, other than vehicles
 8        owned by the federal government.
 9             (2)  Motorcycles, motor driven cycles, and motorized
10        pedalcycles.
11             (3)  Farm vehicles and implements of husbandry.
12             (4)  Implements of warfare owned  by  the  State  or
13        federal government.
14             (5)  Antique  vehicles  and  vehicles  of model year
15        1967 or before.
16             (6)  Vehicles operated  exclusively  for  parade  or
17        ceremonial  purposes by any veterans, fraternal, or civic
18        organization, organized on a not-for-profit basis.
19             (7)  Vehicles for which a  Junking  Certificate  has
20        been issued by the Secretary of State under Section 3-117
21        of this Code.
22             (8)  Diesel  powered  vehicles  that weigh less than
23        8,000 pounds, and vehicles that are  powered  exclusively
24        by electricity.
25             (9)  Vehicles   operated  exclusively  in  organized
26        amateur or professional sporting activities,  as  defined
27        in the Environmental Protection Act.
28             (10)  Vehicles  registered  in,  subject  to, and in
29        compliance with the emission inspection  requirements  of
30        another state.
31        The  Agency  may  issue  temporary or permanent exemption
32    stickers  or  certificates  for   vehicles   temporarily   or
33    permanently exempt from inspection under this subsection (f).
34    An  exemption  sticker  or  certificate  does  not need to be
 
                            -5-               LRB9104097KSgcC
 1    displayed.
 2        (g)  Except as provided in subsections  (j)  and  (k)  of
 3    this  Section,  according to criteria the Agency may adopt, a
 4    motor  vehicle  may   be   exempted   from   the   inspection
 5    requirements of this Section by the Agency on the basis of an
 6    Agency   determination   that  the  vehicle  is  located  and
 7    primarily used outside of the affected counties or  in  other
 8    jurisdictions  where  vehicle  emission  inspections  are not
 9    required.  The Agency may issue an annual  exemption  sticker
10    or  certificate  without  inspection for any vehicle exempted
11    from inspection under this subsection.
12        (h)  Any owner or lessee of a fleet of 15 or  more  motor
13    vehicles  which  are subject to inspection under this Section
14    may apply to the Agency for a permit to establish and operate
15    a Private Official Inspection Station.
16        (i)  Pursuant to Title 40, Section 51.371 of the Code  of
17    Federal  Regulations, the Agency shall establish a program of
18    on-road testing of in-use vehicles through the use of  remote
19    sensing  devices.  The  Agency  shall  evaluate  the emission
20    performance of 0.5% of the subject fleet or 20,000  vehicles,
21    whichever  is  less.  Under  no  circumstances  shall on-road
22    testing include any sort of roadblock or roadside pullover or
23    cause any type of traffic delay.
24        If, during the course of on-road inspections,  a  vehicle
25    is   found   to   exceed   the  on-road  emissions  standards
26    established for the model  year  and  type  of  vehicle,  the
27    Agency  shall  send a notice to the vehicle owner. The notice
28    shall  document  the  occurrence  and  results   of   on-road
29    exceedances.  The notice of a second on-road exceedance shall
30    indicate that the vehicle has been reassigned and is  subject
31    to  an  out-of-cycle  follow-up  inspection  at  an  official
32    inspection station. In no case shall the Agency send a notice
33    of  an  on-road exceedance to the owner of a vehicle that was
34    found to exceed the on-road  emission  standards  established
 
                            -6-               LRB9104097KSgcC
 1    for  the  model  year  and  type of vehicle if the vehicle is
 2    registered outside of the affected counties.
 3        (j)  The Department of State Police  may  conduct  random
 4    emission  inspections  of  diesel  powered  vehicles weighing
 5    8,000 pounds or more operated within  the  affected  counties
 6    pursuant  to  the  procedures  set forth in subsection (i) of
 7    Section 13B-25 to determine compliance with the standards set
 8    forth in Section 12B-20.  These random inspections  shall  be
 9    conducted   by  the  Department  of  State  Police  at  weigh
10    stations, roadside, or other reasonable locations within  the
11    affected counties.
12        (k)  Any  county or municipality, within their respective
13    jurisdictions, may conduct  random  emission  inspections  of
14    diesel   powered  vehicles  weighing  8,000  pounds  or  more
15    pursuant to the procedures set forth  in  subsection  (i)  of
16    Section  13B-25 to determine compliance with the standard set
17    forth in Section 13B-20.   The  random  emission  inspections
18    shall  be  conducted  by  the  law  enforcement agency of the
19    county  or  municipality  at  roadside  or  other  reasonable
20    locations.
21    (Source: P.A. 90-475, eff. 8-17-97.)

22        (625 ILCS 5/13B-20)
23        Sec. 13B-20.  Rules and standards.
24        (a)  The Agency  shall  propose  standards  necessary  to
25    achieve  reductions  in  the emission of hydrocarbons, carbon
26    monoxide, and oxides of nitrogen from motor vehicles  subject
27    to  inspection  under this Chapter. Within 120 days after the
28    Agency proposes these standards, the Board shall adopt  rules
29    establishing  standards  for  the  emission  of hydrocarbons,
30    carbon monoxide, and oxides of nitrogen from  motor  vehicles
31    subject  to inspection under this Chapter. These rules may be
32    amended from time to time pursuant to Agency  proposals.  The
33    Board shall set standards necessary to achieve the reductions
 
                            -7-               LRB9104097KSgcC
 1    in  vehicle  hydrocarbons,  carbon  monoxide,  and  oxides of
 2    nitrogen emissions, as determined by the  applicable  vehicle
 3    emission  estimation  model and rules developed by the United
 4    States  Environmental  Protection  Agency,  required  by  the
 5    federal Clean Air Act.  A predetermined rate of failure shall
 6    not be used in determining standards necessary to achieve the
 7    reductions  in  vehicle  hydrocarbons,  carbon  monoxide  and
 8    oxides  of  nitrogen  emissions.   The   emission   standards
 9    established  by  the Board for vehicles of model year 1981 or
10    later shall be identical in substance, as defined in  Section
11    7.2(a)  of  the Environmental Protection Act, to the emission
12    standards promulgated  by  the  United  States  Environmental
13    Protection Agency.
14        If  the  Administrator of the United States Environmental
15    Protection Agency finds  that  oxides  of  nitrogen  emission
16    reductions   are  not  beneficial  under  Title  40,  Section
17    51.351(d) of the Code of Federal Regulations, the Board shall
18    not adopt rules establishing such standards for the  emission
19    of   oxides  of  nitrogen  under  this  Chapter.   Any  rules
20    establishing these standards that have already  been  adopted
21    before  the  findings  by  the  United  States  Environmental
22    Protection   Agency   shall  be  repealed  by  the  Board  by
23    preemptory  rulemaking  under  the  Illinois   Administrative
24    Procedure Act upon petition by the Agency.
25        Except   as   otherwise   provided  in  this  subsection,
26    subsection (b) of Section 27 of the Environmental  Protection
27    Act   and   the   rulemaking   provisions   of  the  Illinois
28    Administrative Procedure Act shall not apply to rules adopted
29    by the  Board  under  this  subsection.   Challenges  to  the
30    validity  of rules adopted by the Board under this subsection
31    (a) may only be brought by filing a petition  for  review  in
32    the  Appellate  Court  under  Section 29 of the Environmental
33    Protection Act within 35 days after the rule  is  filed  with
34    the Secretary of State.
 
                            -8-               LRB9104097KSgcC
 1        (b)  The  Agency  shall  establish,  and may from time to
 2    time amend, procedures designed to implement this Chapter.
 3        (c)  The standard smoke  opacity  for  a  diesel  powered
 4    vehicle weighing 8,000 pounds or more is as follows:
 5             (1)  No  1991  or  later  model  year diesel powered
 6        vehicle weighing 8,000 pounds or more with a federal peak
 7        smoke engine  certification  operating  on  the  roadways
 8        within  this  State  shall  exceed 40% peak smoke opacity
 9        when tested in accordance with subsection (i) of  Section
10        13B-25.
11             (2)  Except for paragraph (1) of this subsection, no
12        diesel  powered  vehicle  weighing  8,000  pounds or more
13        operating on the roadways within this State shall  exceed
14        55%  peak  smoke  opacity  when tested in accordance with
15        subsection (i) of Section 13B-25.
16    (Source: P.A. 88-533.)

17        (625 ILCS 5/13B-25)
18        Sec. 13B-25. Performance of inspections.
19        (a)  The inspection of vehicles  required  or  authorized
20    under this Chapter shall be performed only: (i) by inspectors
21    who  have  been  certified  by  the Agency after successfully
22    completing a course of training and  successfully  passing  a
23    written   test;  (ii)  at  official  inspection  stations  or
24    official on-road  inspection  sites  established  under  this
25    Chapter,   except  that  inspections  conducted  pursuant  to
26    subsections (j) and (k) of Section 13B-15 may be conducted at
27    weigh stations, roadside, or other reasonable locations;  and
28    (iii) with equipment that has been approved by the Agency for
29    these inspections.
30        (b)  Except  as provided in subsections (c), and (d), and
31    (i), the inspection  shall  consist  of  (i)  a  loaded  mode
32    exhaust  gas  analysis;  (ii) an evaporative system integrity
33    test; (iii) an on-board computer diagnostic system check; and
 
                            -9-               LRB9104097KSgcC
 1    (iv) a verification that all required emission-related recall
 2    repairs have been made under Title 40, Section 51.370 of  the
 3    Code   of  Federal  Regulations,  and  may  also  include  an
 4    evaporative system purge test. The owner of  the  vehicle  or
 5    the owner's agent shall be entitled to an emission inspection
 6    certificate issued by an inspector only if all required tests
 7    are passed at the time of the inspection.
 8        (c)  A  steady-state  idle  exhaust  gas  analysis may be
 9    substituted for the loaded mode exhaust gas analysis and  the
10    evaporative purge system test in the following cases:
11             (1)  On any vehicle of model year 1980 or older.
12             (2)  On  any  heavy duty vehicle with a manufacturer
13        gross vehicle weight rating in excess of 8,500 pounds.
14             (3)  On any vehicle for which loaded mode testing is
15        not possible due to vehicle design or configuration.
16        (d)  A  steady-state  idle  gas  analysis  may  also   be
17    substituted  for  the  new procedures specified in subsection
18    (b) in inspections conducted in calendar  year  1995  on  any
19    vehicle of model year 1990 or older.
20        (e)  The  exhaust gas analysis shall consist of a test of
21    an exhaust gas sample to determine whether the quantities  of
22    exhaust  gas  pollutants  emitted  by  the  vehicle  meet the
23    standards set for vehicles of that type under Section 13B-20.
24    A vehicle shall be deemed to have passed this portion of  the
25    inspection  if  the  evaluation  of  the  exhaust  gas sample
26    indicates that  the  quantities  of  exhaust  gas  pollutants
27    emitted  by  the  vehicle do not exceed the standards set for
28    vehicles of that type under Section 13B-20  or  an  inspector
29    certifies  that  the  vehicle  qualifies  for a waiver of the
30    exhaust gas pollutant standards under Section 13B-30.
31        (f)  The evaporative system integrity test shall  consist
32    of  a  procedure  to  determine  if  leaks  exist in all or a
33    portion of the  vehicle  fuel  evaporation  emission  control
34    system.   A  vehicle shall be deemed to have passed this test
 
                            -10-              LRB9104097KSgcC
 1    if it meets the criteria that the  Board  may  adopt  for  an
 2    evaporative system integrity test.
 3        (g)  The evaporative system purge test shall consist of a
 4    procedure  to  verify  the  purging  of  vapors stored in the
 5    evaporative canister.  A vehicle  shall  be  deemed  to  have
 6    passed  this test if it meets the criteria that the Board may
 7    adopt for an evaporative system purge test.
 8        (h)  The on-board computer diagnostic test shall  consist
 9    of  accessing  the  vehicle's on-board computer system, if so
10    equipped, and reading any stored diagnostic codes that may be
11    present.  The vehicle shall be deemed  to  have  passed  this
12    test  if  the codes observed did not exceed standards set for
13    vehicles of that type under Section 13B-20.
14        (i)  The inspection of a diesel powered vehicle  weighing
15    8,000 pounds or more shall consist of the following:
16             (1)  The  smoke opacity measurement shall consist of
17        using  a  light-extinction  type  opacimeter  capable  of
18        measuring and recording opacity continuously  during  the
19        snap  idle  testing  cycle.  A strip chart recorder or an
20        equivalent or better recording device shall  be  used  in
21        concert   with   the   opacimeter   to   record   opacity
22        continuously,  including  peak  values.   The  opacimeter
23        shall  be  capable  of  providing  opacity  readings with
24        sufficient  resolution  to  obtain  0.5   second-averaged
25        values.  The peak 0.5 second-averaged value shall be used
26        for  showing  compliance  with  the  standards in Section
27        13B-20.  Where the response time  of  the  instrument  is
28        such  that  opacity is being measured at smaller than 0.5
29        second intervals, the meter shall have the capability  of
30        providing    or   allowing   the   calculation   of   0.5
31        second-averaged values. The opacimeter shall be either an
32        in-line full-flow opacimeter; end-of-line or  plume  type
33        full-flow  opacimeter;  or  a  sampling type partial flow
34        opacimeter.  The opacimeter and recording  devices  shall
 
                            -11-              LRB9104097KSgcC
 1        be calibrated according to manufacturer's specifications.
 2        Corrections  for  the  effect  of  exhaust stack diameter
 3        shall  apply  to  opacity  measurements  made  using   an
 4        end-of-line  full-flow  opacimeter.   The  opacimeter and
 5        recorder  shall  comply  with   specifications   in   the
 6        International  Standards  Organization  ISO  393  and  in
 7        Society of Automotive Engineers (SAE) report number J255a
 8        entitled "Diesel Engine Smoke Measurement".
 9             (2)  The  test  procedure  using the snap idle cycle
10        shall occur  when  the  engine  is  at  normal  operating
11        temperature   and   shall   consist   of   the  following
12        preparation, preconditioning, and testing phases:
13                  (A) In the preparation phase, the vehicle shall
14             be placed at rest, the transmission shall be  placed
15             in neutral, and the vehicle wheels shall be properly
16             restrained  to  prevent  any rolling motion.  In the
17             event of a roadside test,  it  shall  be  acceptable
18             under  this  Section  for  the  driver  to apply the
19             brakes during the test.
20                  (B)  In the preconditioning phase, the  vehicle
21             shall  be  put  through  a snap idle cycle 3 or more
22             times  until  successive  measured   smoke   opacity
23             readings   are   within   10%  of  each  other.  The
24             opacimeter  shall  be   rechecked   prior   to   the
25             preconditioning  sequence to determine that its zero
26             and span  setting  are  adjusted  to  manufacturer's
27             specifications.
28                  (C)  In the testing phase, the vehicle shall be
29             put  through the snap idle cycle 3 times.  The smoke
30             opacity shall be measured during the preconditioning
31             and testing phases with an  opacimeter  meeting  the
32             requirements  of  this Section and shall be recorded
33             continuously on the recorder during each  snap  idle
34             cycle.   The   maximum  0.5  second  averaged  value
 
                            -12-              LRB9104097KSgcC
 1             recorded during each snap idle cycle  shall  be  the
 2             smoke  opacity  reading.  The average of the 3 smoke
 3             opacity  readings  shall  be   used   to   determine
 4             compliance  with  the opacity standard under Section
 5             13B-20.
 6    (Source: P.A. 90-475, eff. 8-17-97.)

 7        (625 ILCS 5/13B-40)
 8        Sec. 13B-40.  Grievance procedure.  Any person  aggrieved
 9    by  a  decision  regarding  the failure of an emissions test,
10    other than  an  emission  inspection  conducted  pursuant  to
11    subsections  (j) or (k) of Section 13B-15, or the denial of a
12    waiver may file a petition with the  Agency  within  30  days
13    after  the  decision was made, and the Agency shall thereupon
14    investigate the matter. Within 45 days after its  receipt  of
15    the  petition,  the Agency shall submit to the petitioner and
16    any affected inspector or station its  written  determination
17    of   the   correctness   or  incorrectness  of  the  decision
18    complained of. The  written  determination  shall  include  a
19    statement  of  the  facts  relied  upon  and  the  legal  and
20    technical   issues  decided  by  the  Agency  in  making  its
21    determination, and may also include an  order  directing  the
22    inspector (i) to issue an emission inspection certificate for
23    the vehicle effective on such date as the Agency may specify,
24    (ii)  to  reinspect the vehicle, (iii) to apply the standards
25    that the Agency has determined to be applicable, or  (iv)  to
26    take   any   other   action  that  the  Agency  deems  to  be
27    appropriate.  In conducting the investigation, the Agency may
28    require the petitioner to present the vehicle for  inspection
29    by   the   Agency  or  its  designated  agent.   The  written
30    determination of the Agency shall be  subject  to  review  in
31    circuit  court  in  accordance  with  the  provisions  of the
32    Administrative Review Law, except that no  challenge  to  the
33    validity  of a rule adopted by the Board under subsection (a)
 
                            -13-              LRB9104097KSgcC
 1    of Section 13B-20 shall be heard by the circuit court if  the
 2    challenge  could  have  been  raised in a timely petition for
 3    review under Section 13B-20.
 4    (Source: P.A. 88-533.)

 5        (625 ILCS 5/13B-50)
 6        Sec. 13B-50.  Costs.
 7        (a)  Except as otherwise provided in  subsection  (e)  of
 8    Section  13B-15,  no  fee  shall  be charged to motor vehicle
 9    owners for obtaining inspections required under this Chapter.
10    The Vehicle Inspection Fund, which is a fund created  in  the
11    State  treasury  for the purpose of receiving moneys from the
12    Motor Fuel Tax Fund and other sources, shall be used, subject
13    to appropriation, for the payment of the costs of the  annual
14    motor  vehicle  emission  inspection  program,  excluding the
15    costs of the emission inspections of diesel powered  vehicles
16    weighing  8,000  pounds  or  more, including reimbursement of
17    those agencies of  the  State  that  incur  expenses  in  the
18    administration  or  enforcement  of  the program. The Vehicle
19    Inspection Fund shall continue in  existence  notwithstanding
20    the  repeal  of  Chapter  13A.   Any  money  in  the  Vehicle
21    Inspection  Fund  on  January  1, 1995, shall be used for the
22    purposes set forth in this Chapter, excluding  the  costs  of
23    the  emission inspections of diesel powered vehicles weighing
24    8,000 pounds or more.
25        For  purposes  of  the  emission  inspections  of  diesel
26    powered vehicles weighing 8,000 pounds or more,  the  General
27    Revenue Fund shall be used, subject to appropriation, for the
28    reimbursement  of  those  agencies  of  the  State,  but  not
29    municipalities  or counties of the State, that incur expenses
30    in the administration or enforcement of the program.
31        (b)  The Agency  may  acquire,  own,  maintain,  operate,
32    sell, lease and otherwise transfer real and personal property
33    and  interests  in real and personal property for the purpose
 
                            -14-              LRB9104097KSgcC
 1    of creating or operating  inspection  stations  and  for  any
 2    other purpose relating to the administration of this Chapter,
 3    and  may use money from the Vehicle Inspection Fund for these
 4    purposes.
 5    (Source: P.A. 88-533.)

 6        (625 ILCS 5/13B-60)
 7        Sec. 13B-60.  Other offenses.
 8        (a)  Any  person  who  knowingly  displays  an   emission
 9    inspection  sticker or exemption sticker on any vehicle other
10    than the one for which the sticker  was  lawfully  issued  in
11    accordance   with   the   provisions   of  this  Chapter,  or
12    duplicates, alters, uses, possesses, issues,  or  distributes
13    any   emission   inspection   sticker,   exemption   sticker,
14    inspection  certificate,  or  facsimile  thereof,  except  in
15    accordance  with the provisions of this Chapter and the rules
16    and regulations adopted hereunder, is guilty  of  a  Class  C
17    misdemeanor.
18        (b)  A vehicle owner shall pay a monetary fine equivalent
19    to the test fee plus the applicable waiver repair expenditure
20    for  the continued operation of a noncomplying vehicle beyond
21    4  months  past  the  expiration  of  the  vehicle   emission
22    inspection  certificate.   Any  fines  collected  under  this
23    Section   shall   be   divided   equally  between  the  local
24    jurisdiction issuing the citation and the Vehicle  Inspection
25    Fund.
26        (c)  It  is  unlawful  for any person to operate a diesel
27    powered vehicle  weighing  8,000  pounds  or  more  upon  the
28    roadways  of  this  State  in  violation of the smoke opacity
29    emission standards set forth in  subsection  (c)  of  Section
30    13B-20.   Notwithstanding  any  other penalty, whenever a law
31    enforcement officer determines that a diesel powered  vehicle
32    weighing  8,000  pounds or more is in violation of subsection
33    (c) of Section 13B-20, as evidenced by issuance of a citation
 
                            -15-              LRB9104097KSgcC
 1    for a violation of subsection  (c)  of  Section  13B-20,  the
 2    owner  or  operator of the vehicle shall be guilty of a petty
 3    offense punishable by a fine of not less  than  $400,  except
 4    that  a  third or subsequent violation within one year of the
 5    first violation is a Class C misdemeanor.
 6    (Source: P.A. 88-533.)

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