Section 460.520  Diesel Emission Inspection Enforcement

a)         Operating a vehicle in violation of an Out-of-Service Order is a petty offense punishable by a $1,000 fine.

b)         No emergency vehicle may be placed out-of-service.

c)         The Secretary of State, Department of State Police and other law enforcement officers shall enforce this Section.  [625 ILCS 5/13-109.1] Within 10 business days after the Department has been notified by the Department of State Police that a nonscheduled inspection conducted by a State Police officer has revealed that a vehicle is not in compliance with diesel emission standards set forth in Section 460.140, the Department will issue a Noncomplying Vehicle Notice, as prescribed in subsection (d) of this Section, to the owner/operator of the noncomplying vehicle, that the vehicle must obtain and pass a diesel emission inspection conducted at an Official Testing Station or obtain a waiver as prescribed in Section 460.600.

d)         The Noncomplying Vehicle Notice shall be served by regular U.S. mail to the owner/operator at his/her address obtained by the State Police, and contain information identifying the owner/operator of the noncomplying vehicle, the reason for the Noncomplying Vehicle Notice, and a warning substantially in the form of subsection (e) of this Section.

e)         If the noncomplying vehicle has not been inspected at an Official Testing Station within 30 days after service of the Noncomplying Vehicle Notice, the Department will, within three business days after the end of that period, notify the Illinois Secretary of State, in writing or by electronic communication, that the noncomplying vehicle is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code. The Illinois Secretary of State may then suspend or revoke the registration of the noncomplying vehicle [625 ILCS 5/3-704(b)] (see P.A. 92-0437, effective August 17, 2001)  until such time as it is notified by the Department that the vehicle has either passed a diesel emission inspection or reinspection or has obtained a waiver as prescribed in Section 460.600.  The Department will notify the Secretary of State within three business days after being notified that the vehicle passed a diesel emission inspection conducted at an Official Testing Station or obtained a waiver as prescribed in Section 460.600.

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)