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91st General Assembly
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Public Act 91-0865

SB1503 Enrolled                                LRB9112809DHpr

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Sections 13-102.1, 13-109.1, and 13-114.

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

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Sections 13-102.1, 13-109.1, and 13-114 as follows:

    (625 ILCS 5/13-102.1)
    (This  Section  may contain text from a Public Act with a
delayed effective date)
    Sec.   13-102.1.    Diesel   powered   vehicle   emission
inspection report.  Beginning July 1, 2000, the Department of
Transportation and the Department of State Police shall  each
conduct  an  annual  study  concerned  with  the  results  of
emission  inspections  for diesel powered vehicles registered
for a gross weight of more than 16,000  pounds  or  having  a
gross  vehicle weight rating of more than 16,000 pounds.  The
studies study shall be reported to the  General  Assembly  by
June  30,  2001,  and  every June 30 thereafter.  The studies
study shall  also  be  sent  to  the  Illinois  Environmental
Protection Agency for its use in environmental matters.
    The  studies  shall  include,  but not be limited to, the
following information:
         (a)  the number of diesel powered vehicles that were
    inspected  for  emission  compliance  by  the  respective
    departments  pursuant  to  this  Chapter  13  during  the
    previous year;
         (b)  the number  of  diesel  powered  vehicles  that
    failed  and  passed the emission inspections conducted by
    the respective  departments  required  pursuant  to  this
    Chapter 13 during the previous year; and
         (c)  the  number  of  diesel  powered  vehicles that
    failed  the  emission  inspections   conducted   by   the
    respective  departments  pursuant to this Chapter 13 more
    than once in the previous year.
(Source: P.A. 91-254, eff. 7-1-00.)

    (625 ILCS 5/13-109.1)
    (This Section may contain text from a Public Act  with  a
delayed effective date)
    Sec.   13-109.1.    Annual   and   nonscheduled  emission
inspection tests; standards; penalties; funds.
    (a)  For  each  diesel  powered  vehicle  that   (i)   is
registered  for  a  gross  weight of more than 16,000 pounds,
(ii) is registered within an affected area, and (iii) is a  2
year  or older model year, an annual emission inspection test
shall be conducted at an official testing  station  certified
by  the  Illinois  Department  of  Transportation  to perform
diesel emission inspections pursuant  to  the  standards  set
forth  in  subsection  (b)  of  this  Section.   This  annual
emission inspection test may be conducted in conjunction with
a semi-annual safety test.
    (a-5)  Beginning October 1, 2000, the Department of State
Police   is   authorized  to  perform  nonscheduled  emission
inspections for cause, at any place within an affected  area,
of  any  diesel  powered  vehicles  that  are operated on the
roadways of this State, and are registered for a gross weight
of more than 16,000 pounds or have  a  gross  vehicle  weight
rating  of  more  than  16,000 pounds.  The inspections shall
adhere  to  the  procedures  and  standards  set   forth   in
subsection  (b).   These  nonscheduled  emission  inspections
shall be conducted by the Department of State Police at weigh
stations,  roadside,  or  other safe and reasonable locations
within an affected area.  Before any  person  may  inspect  a
diesel  vehicle  under  this  Section, he or she must receive
adequate  training  and  certification  for  diesel  emission
inspections  by  the  Department  of   State   Police.    The
Department of State Police shall adopt rules for the training
and certification of persons who conduct emission inspections
under this Section.
    (b)  Diesel  emission  inspections  conducted  under this
Chapter 13 shall be conducted in accordance with the  Society
of    Automotive   Engineers   Recommended   Practice   J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles" and the cutpoint standards set forth in the
United  States  Environmental  Protection   Agency   guidance
document "Guidance to States on Smoke Opacity Cutpoints to be
used  with the SAE J1667 In-Use Smoke Test Procedure".  Those
procedures and standards, as now in effect, are made  a  part
of  this Code, in the same manner as though they were set out
in full in this Code.
    Notwithstanding the above cutpoint standards,  for  motor
vehicles  that are model years 1973 and older, until December
31, 2002, the level of peak smoke opacity shall not exceed 70
percent.  Beginning January 1, 2003, for motor vehicles  that
are  model  years  1973  and  older,  the level of peak smoke
opacity shall not exceed 55 percent.
    (c)  If the annual emission inspection  under  subsection
(a)  reveals  that  the vehicle is not in compliance with the
diesel emission standards set forth in subsection (b) of this
Section, the operator of the official testing  station  shall
issue a warning notice requiring correction of the violation.
The  correction shall be made and the vehicle submitted to an
emissions retest at an official testing station certified  by
the  Department to perform diesel emission inspections within
30 days from the issuance of  the  warning  notice  requiring
correction of the violation.
    If,  within  30  days  from  the  issuance of the warning
notice, the vehicle is not  in  compliance  with  the  diesel
emission  standards set forth in subsection (b) as determined
by an emissions retest at an official  testing  station,  the
operator  of  the  official testing station or the Department
shall place the vehicle out-of-service in accordance with the
rules promulgated by the Department. Operating a vehicle that
has been placed out-of-service under this subsection (c) is a
petty offense punishable by a $1,000 fine. The  vehicle  must
pass  a  diesel  emission  inspection  at an official testing
station before it is again placed in service.  The  Secretary
of   State,   Department  of  State  Police,  and  other  law
enforcement officers shall enforce this Section. No emergency
vehicle,  as  defined  in  Section  1-105,  may   be   placed
out-of-service pursuant to this Section.
    The Department or an official testing station may issue a
certificate  of  waiver  subsequent  to  a  reinspection of a
vehicle that failed the emissions inspection.  Certificate of
waiver shall be issued  upon  determination  that  documented
proof  demonstrates  that  emissions  repair  costs  for  the
noncompliant vehicle of at least $3,000 have been spent in an
effort  to achieve compliance with the emission standards set
forth in subsection (b).  The  Department  of  Transportation
shall  adopt  rules for the implementation of this subsection
including standards  of  documented  proof  as  well  as  the
criteria by which a waiver shall be granted.
    (c-5)  If  a  nonscheduled  inspection  reveals  that the
vehicle  is  not  in  compliance  with  the  diesel  emission
standards set forth in subsection (b), the  operator  of  the
vehicle  is  guilty  of  a petty offense punishable by a $400
fine, and a State Police officer shall issue a citation for a
violation of the standards. A third or  subsequent  violation
within  one  year  of  the first violation is a petty offense
punishable by a $1,000  fine.  An  operator  who  receives  a
citation  under  this subsection shall not, within 30 days of
the initial citation, receive a second or subsequent citation
for operating the same vehicle in violation of  the  emission
standards set forth in subsection (b).
    (d)  There  is hereby created within the State Treasury a
special fund to be known  as  the  Diesel  Emissions  Testing
Fund,  constituted  from  the  fines  collected  pursuant  to
subsections subsection (c) and (c-5) of this Section. Subject
to  appropriation,  moneys  from the Diesel Emissions Testing
Fund  shall  be  available,  as  a   supplement   to   moneys
appropriated from the General Revenue Fund, to the Department
of  Transportation  and  the  Department  of State Police for
their its implementation of the  diesel  emission  inspection
requirements  under this Chapter 13. All moneys received from
fines imposed under this  Section  shall  be  paid  into  the
Diesel  Emissions Testing Fund. All citations issued pursuant
to this Section shall be  considered  non-moving  violations.
The  Department of Transportation and the Department of State
Police are is authorized to  promulgate  rules  to  implement
their its responsibilities under this Section.
(Source: P.A. 91-254, eff. 7-1-00.)

    (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
    (Text of Section before amendment by P.A. 91-254)
    Sec.   13-114.   Interstate  carriers  of  property.  Any
vehicle registered in Illinois and operated by an  interstate
carrier  of  property  shall be exempt from the provisions of
this Chapter provided such carrier has  registered  with  the
Bureau  of  Motor  Carrier  Safety  of  the  Federal  Highway
Administration as an interstate motor carrier of property and
has been assigned a federal census number by such Bureau.  An
interstate  carrier  of property, however, is not exempt from
the provisions of Section 13-111(b) of this Chapter.
    Any vehicle registered in  Illinois  and  operated  by  a
private  interstate  carrier of property shall be exempt from
the provisions of this  Chapter,  except  the  provisions  of
Section 13-111(b), provided it:
    1.  Is registered with the Bureau of Motor Carrier Safety
of the Federal Highway Administration, and
    2.  Carries  in the motor vehicle documentation issued by
the Bureau of Motor Carrier Safety  of  the  Federal  Highway
Administration displaying the federal census number assigned,
and
    3.  Displays on the sides of the motor vehicle the census
number,  which  must  be  no  less than 2 inches high, with a
brush stroke no less than 1/4  inch  wide  in  a  contrasting
color.
(Source: P.A. 85-1407.)

    (Text of Section after amendment by P.A. 91-254)
    Sec.   13-114.   Interstate  carriers  of  property.  Any
vehicle registered in Illinois and operated by an  interstate
carrier  of  property  shall be exempt from the provisions of
this Chapter provided such carrier has  registered  with  the
Bureau  of  Motor  Carrier  Safety  of  the  Federal  Highway
Administration as an interstate motor carrier of property and
has been assigned a federal census number by such Bureau.  An
interstate  carrier  of property, however, is not exempt from
the provisions of Section 13-111(b) of this Chapter.
    Any vehicle registered in  Illinois  and  operated  by  a
private  interstate  carrier of property shall be exempt from
the provisions of this  Chapter,  except  the  provisions  of
Section 13-111(b), provided it:
         1.  is  registered  with the Bureau of Motor Carrier
    Safety of the Federal Highway Administration, and
         2.  carries  in  the  motor  vehicle   documentation
    issued  by  the  Bureau  of  Motor  Carrier Safety of the
    Federal Highway  Administration  displaying  the  federal
    census number assigned, and
         3.  displays  on  the sides of the motor vehicle the
    census number, which must be no less than 2 inches  high,
    with  a  brush  stroke  no  less  than 1/4 inch wide in a
    contrasting color.
    Notwithstanding any other provision of this Section, each
diesel powered vehicle that is registered for a gross  weight
of  more  than  16,000  pounds  or has a gross vehicle weight
rating of more than  16,000  pounds,  registered  within  the
affected  area, and that is operated by an interstate carrier
of property or  a  private  interstate  carrier  of  property
within the affected area is subject only to the provisions of
this  Chapter  that  pertain  to nonscheduled diesel emission
inspections.
(Source: P.A. 91-254, eff. 7-1-00.)

    Section 95.  No acceleration or delay.   Where  this  Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.

    Section  99.   Effective  date.  This Act takes effect on
July 1, 2000.

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