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91_HB2031eng
HB2031 Engrossed LRB9104097KSgcC
1 AN ACT concerning motor vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Diesel Emissions Testing Fund.
8 Section 7. The State Mandates Act is amended by adding
9 Section 8.23 as follows:
10 (30 ILCS 805/8.23 new)
11 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
12 and 8 of this Act, no reimbursement by the State is required
13 for the implementation of any mandate created by this
14 amendatory Act of the 91st General Assembly.
15 Section 10. The Illinois Vehicle Code is amended by
16 changing Sections 13-101, 13-103, 13-109, and 13-114 and
17 adding Sections 13-100.1, 13-101.2, 13-101.3, 13-102.1,
18 13-116.1, and 13-117 as follows:
19 (625 ILCS 5/13-100.1 new)
20 Sec. 13-100.1. Definitions. As used in this Chapter,
21 "affected areas" means the counties of Cook, DuPage, Lake,
22 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
23 townships of Aux Sable and Goose Lake in Grundy County and
24 the township of Oswego in Kendall County.
25 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
26 Sec. 13-101. Submission to safety test; Certificate of
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1 safety. To promote the safety of the general public, every
2 owner of a second division vehicle, medical transport
3 vehicle, or tow truck shall, before operating it upon the
4 highways of Illinois, submit it to a "safety test" and secure
5 a certificate of safety furnished by the Department as set
6 forth in Section 13-109. Each second division motor vehicle
7 that pulls or draws a trailer, semitrailer or pole trailer,
8 with a gross weight of more than 8,000 lbs or is registered
9 for a gross weight of more than 8,000 lbs, motor bus,
10 religious organization bus, school bus, senior citizen
11 transportation vehicle, and limousine shall be subject to
12 inspection by the Department and the Department is authorized
13 to establish rules and regulations for the implementation of
14 such inspections.
15 The owners of each salvage vehicle shall submit it to a
16 "safety test" and secure a certificate of safety furnished by
17 the Department prior to its salvage vehicle inspection
18 pursuant to Section 3-308 of this Code.
19 However, none of the provisions of Chapter 13 requiring
20 safety tests or a certificate of safety shall apply to:
21 (a) farm tractors, machinery and implements,
22 wagons, wagon-trailers or like farm vehicles used
23 primarily in agricultural pursuits;
24 (b) vehicles other than school buses, tow trucks
25 and medical transport vehicles owned or operated by a
26 municipal corporation or political subdivision having a
27 population of 1,000,000 or more inhabitants and which are
28 subject to safety tests imposed by local ordinance or
29 resolution;
30 (c) a semitrailer or trailer having a gross weight
31 of 5,000 pounds or less including vehicle weight and
32 maximum load;
33 (d) recreational vehicles;
34 (e) vehicles registered as and displaying Illinois
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1 antique vehicle plates;
2 (f) house trailers equipped and used for living
3 quarters;
4 (g) vehicles registered as and displaying Illinois
5 permanently mounted equipment plates or similar vehicles
6 eligible therefor but registered as governmental vehicles
7 provided that if said vehicle is reclassified from a
8 permanently mounted equipment plate so as to lose the
9 exemption of not requiring a certificate of safety, such
10 vehicle must be safety tested within 30 days of the
11 reclassification;
12 (h) vehicles owned or operated by a manufacturer,
13 dealer or transporter displaying a special plate or
14 plates as described in Chapter 3 of this Code while such
15 vehicle is being delivered from the manufacturing or
16 assembly plant directly to the purchasing dealership or
17 distributor, or being temporarily road driven for quality
18 control testing, or from one dealer or distributor to
19 another, or are being moved by the most direct route from
20 one location to another for the purpose of installing
21 special bodies or equipment, or driven for purposes of
22 demonstration by a prospective buyer with the dealer or
23 his agent present in the cab of the vehicle during the
24 demonstration;
25 (i) pole trailers and auxiliary axles;
26 (j) special mobile equipment;
27 (k) vehicles properly registered in another State
28 pursuant to law and displaying a valid registration
29 plate;
30 (l) water-well boring apparatuses or rigs;
31 (m) any vehicle which is owned and operated by the
32 federal government and externally displays evidence of
33 such ownership; and
34 (n) second division vehicles registered for a gross
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1 weight of 8,000 pounds or less, except when such second
2 division motor vehicles pull or draw a trailer,
3 semi-trailer or pole trailer having a gross weight of or
4 registered for a gross weight of more than 8,000 pounds;
5 motor buses; religious organization buses; school buses;
6 senior citizen transportation vehicles; medical transport
7 vehicles and tow trucks.
8 The safety test shall include the testing and inspection
9 of brakes, lights, horns, reflectors, rear vision mirrors,
10 mufflers, safety chains, windshields and windshield wipers,
11 warning flags and flares, frame, axle, cab and body, or cab
12 or body, wheels, steering apparatus, and other safety devices
13 and appliances required by this Code and such other safety
14 tests as the Department may by rule or regulation require,
15 for second division vehicles, school buses, medical transport
16 vehicles, tow trucks, trailers and semitrailers subject to
17 inspection.
18 For tow trucks, the safety test and inspection shall also
19 include the inspection of winch mountings, body panels, body
20 mounts, wheel lift swivel points, and sling straps, and other
21 tests and inspections the Department by rule requires for tow
22 trucks.
23 For trucks, truck tractors, trailers, semi-trailers, and
24 buses, the safety test shall be conducted in accordance with
25 the Minimum Periodic Inspection Standards promulgated by the
26 Federal Highway Administration of the U.S. Department of
27 Transportation and contained in Appendix G to Subchapter B of
28 Chapter III of Title 49 of the Code of Federal Regulations.
29 Those standards, as now in effect, are made a part of this
30 Code, in the same manner as though they were set out in full
31 in this Code.
32 Diesel emission inspections conducted under this Chapter
33 13 shall be conducted in accordance with the Society of
34 Automotive Engineers Recommended Practice J1667
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1 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
2 Powered Vehicles" and the cutpoint standards set forth in the
3 United States Environmental Protection Agency guidance
4 document "Guidance to States on Smoke Opacity Cutpoints to be
5 used with the SAE J1667 In-Use Smoke Test Procedure". Those
6 procedures and standards, as now in effect, are made a part
7 of this Code, in the same manner as though they were set out
8 in full in this Code.
9 The passing of the safety test shall not be a bar at any
10 time to prosecution for operating a second division vehicle
11 or medical transport vehicle which is unsafe as determined by
12 the standards prescribed in this Code.
13 (Source: P.A. 89-433, eff. 12-15-95.)
14 (625 ILCS 5/13-101.2 new)
15 Sec. 13-101.2. Nonscheduled diesel powered vehicle
16 emission inspections. The Department of State Police is
17 authorized to perform nonscheduled emission inspections of
18 diesel powered vehicles that are operated on the roadways of
19 this State within the affected areas and are registered for a
20 gross weight of more than 8,000 pounds. The inspections shall
21 adhere to the procedures and standards set forth in Section
22 13-101. These nonscheduled emission inspections shall be
23 conducted by the Department of State Police, or their
24 authorized agents, at weigh stations, roadside, or other safe
25 and reasonable locations within the affected areas. Before
26 any person may inspect a diesel vehicle under this Section,
27 he or she must receive adequate training and certification
28 for diesel emission inspections by the Department of State
29 Police. The Department of State Police is authorized to
30 promulgate rules for the training and certification of
31 persons who conduct emission inspections under this Section.
32 (625 ILCS 5/13-101.3 new)
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1 Sec. 13-101.3. Pollution Control Board diesel emission
2 standards and tests. Within 8 months of the effective date
3 of this amendatory Act of the 91st General Assembly, the
4 Pollution Control Board shall amend its heavy-duty diesel
5 smoke opacity standards and test procedures to be consistent
6 with the procedures and standards set forth in Section
7 13-101.
8 (625 ILCS 5/13-102.1 new)
9 Sec. 13-102.1. Diesel powered vehicle emission
10 inspection report. Beginning January 1, 2001, the Department
11 of Transportation and the Department of State Police shall
12 each conduct an annual study, independent of each other,
13 concerned with the results of emission inspections for diesel
14 powered vehicles registered for a gross weight of more than
15 8,000 pounds. The studies shall be reported to the General
16 Assembly by December 31, 2001, and every December 31
17 thereafter. The studies shall also be sent to the Illinois
18 Environmental Protection Agency for its use in environmental
19 matters.
20 The studies shall include, but not be limited to, the
21 following information:
22 (a) the number of diesel powered vehicles that were
23 inspected for emission compliance conducted by their
24 respective Departments pursuant to this Chapter 13 during
25 the previous year;
26 (b) the number of diesel powered vehicles that
27 failed and passed the emission inspections conducted by
28 their respective Departments required pursuant to this
29 Chapter 13 during the previous year; and
30 (c) the number of diesel powered vehicles that
31 failed the emission inspections conducted by the
32 respective Departments pursuant to this Chapter 13 more
33 than once in the previous year.
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1 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
2 Sec. 13-103. Official testing stations - Fee - Permit -
3 Bond. Upon the payment of a fee of $10 and the filing of an
4 application by the proprietor of any vehicle service station
5 or public or private garage upon forms furnished by the
6 Department, accompanied by proof of experience, training and
7 ability of the operator of the testing equipment, together
8 with proof of installation of approved testing equipment as
9 defined in Section 13-102 and the giving of a bond
10 conditioned upon faithful observance of this Section and of
11 rules and regulations issued by the Department in the amount
12 of $1,000 with security approved by the Department, the
13 Department shall issue a permit to the proprietor of such
14 vehicle service station or garage to operate an Official
15 Testing Station. Such permit shall expire 12 months following
16 its issuance, but may be renewed annually by complying with
17 the requirements set forth in this Section and upon the
18 payment of a renewal fee of $10. Proprietors of official
19 testing stations for which permits have been issued prior to
20 the effective date of this Act may renew such permits for the
21 renewal fee of $10 on the expiration of each 12 months
22 following issuance of such permits, by complying with the
23 requirements set forth in this Section. However, any city,
24 village or incorporated town shall upon application to the
25 Department and without payment of any fee or filing of any
26 bond, but upon proof of experience, training and ability of
27 the operator of the testing equipment, and proof of the
28 installation of approved testing equipment as defined in
29 Section 13-102, be issued a permit to operate such testing
30 station as an Official Testing Station under this Act. The
31 permit so issued shall at all times be displayed in a
32 prominent place in the vehicle service station, garage or
33 municipal testing station which is licensed as an Official
34 Testing Station under this Act. No person or vehicle service
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1 station, garage or municipal testing station shall in any
2 manner claim or represent himself or itself to be an official
3 testing station unless a permit has been issued to him or it
4 as provided in this Section.
5 Any person or municipality who or which has received a
6 permit under this Section may test his or its own second
7 division vehicles and issue certificates of safety with
8 respect to any such second division vehicles owned, operated
9 or controlled by him or it. Notwithstanding the above
10 provisions, in no event may any municipality that has
11 received a permit under this Section test diesel powered
12 vehicles to determine compliance with the emission standards
13 set forth in Section 13-101 for the purpose of this Chapter
14 13.
15 Each such permit issued by the Department shall state on
16 its face the location of the official testing station to be
17 operated under the permit and safety tests shall be made only
18 at such location. However, the Department may, upon
19 application, authorize a change in the location of the
20 official testing station and the removal of the testing
21 equipment to the new location. Upon approval of such
22 application, the Department shall issue an endorsement which
23 the applicant shall affix to his permit. Such endorsement
24 constitutes authority for the applicant to make such change
25 in location and to remove his testing equipment at the times
26 and to the places stated in the endorsement.
27 (Source: P.A. 80-606.)
28 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
29 Sec. 13-109. Safety test prior to application for
30 license - Subsequent tests - Repairs - Retest.
31 (a) Except as otherwise provided in Chapter 13, each
32 second division vehicle and medical transport vehicle, except
33 those vehicles other than school buses or medical transport
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1 vehicles owned or operated by a municipal corporation or
2 political subdivision having a population of 1,000,000 or
3 more inhabitants which are subjected to safety tests imposed
4 by local ordinance or resolution, operated in whole or in
5 part over the highways of this State shall be subjected to
6 the safety test provided for in Chapter 13 of this Code.
7 Tests shall be conducted at an official testing station
8 within 6 months prior to the application for registration as
9 provided for in this Code. Subsequently each vehicle shall
10 be subject to tests at least every 6 months, and in the case
11 of school buses at least every 6 months or 10,000 miles
12 whichever occurs first, and according to schedules
13 established by rules and regulations promulgated by the
14 Department. Any component subject to regular inspection
15 which is damaged in a reportable accident must be reinspected
16 before the bus is returned to service.
17 (b) The Department shall also conduct periodic
18 nonscheduled inspections of school buses, of buses registered
19 as charitable vehicles and of religious organization buses.
20 If such inspection reveals that a vehicle is not in
21 substantial compliance with the rules promulgated by the
22 Department, the Department shall remove the Certificate of
23 Safety from the vehicle, and shall place the vehicle
24 out-of-service. A bright orange, triangular decal shall be
25 placed on an out-of-service vehicle where the Certificate of
26 Safety has been removed. The vehicle must pass a safety test
27 at an official testing station before it is again placed in
28 service.
29 (c) If the violation is not substantial a bright yellow,
30 triangular sticker shall be placed next to the Certificate of
31 Safety at the time the nonscheduled inspection is made. The
32 Department shall reinspect the vehicle after 3 working days
33 to determine that the violation has been corrected and remove
34 the yellow, triangular decal. If the violation is not
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1 corrected within 3 working days, the Department shall place
2 the vehicle out-of-service in accordance with procedures in
3 subsection (b).
4 (d) If a violation is not substantial and does not
5 directly affect the safe operation of the vehicle, the
6 Department shall issue a warning notice requiring correction
7 of the violation. Such correction shall be accomplished as
8 soon as practicable and a report of the correction shall be
9 made to the Department within 30 days in a manner established
10 by the Department. If the Department has not been advised
11 that the corrections have been made, and the violations still
12 exist, the Department shall place the vehicle out-of-service
13 in accordance with procedures in subsection (b).
14 (e) The Department is authorized to promulgate
15 regulations to implement its program of nonscheduled
16 inspections. Causing or allowing the operation of an
17 out-of-service vehicle with passengers or unauthorized
18 removal of an out-of-service sticker is a Class 3 felony.
19 Causing or allowing the operation of a vehicle with a 3-day
20 sticker for longer than 3 days with the sticker attached or
21 the unauthorized removal of a 3-day sticker is a Class C
22 misdemeanor.
23 (f) If a second division vehicle or medical transport
24 vehicle is in safe mechanical condition, as determined
25 pursuant to Chapter 13, the operator of the official testing
26 station must at once issue to the second division vehicle or
27 medical transport vehicle a certificate of safety, in the
28 form and manner prescribed by the Department, which shall be
29 affixed to the vehicle by the certified safety tester who
30 performed the safety tests. The owner of the second division
31 vehicle or medical transport vehicle shall at all times
32 display the Certificate of Safety on the second division
33 vehicle or medical transport vehicle in the manner prescribed
34 by the Department.
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1 (g) If a test shows that a second division vehicle or
2 medical transport vehicle is not in safe mechanical condition
3 as provided in this Section, it shall not be operated on the
4 highways until it has been repaired and submitted to a retest
5 at an official testing station. If the owner submits the
6 second division vehicle or medical transport vehicle to a
7 retest at a different official testing station from that
8 where it failed to pass the first test, he shall present to
9 the operator of the second station the report of the original
10 test, and shall notify the Department in writing, giving the
11 name and address of the original testing station and the
12 defects which prevented the issuance of a Certificate of
13 Safety, and the name and address of the second official
14 testing station making the retest.
15 (h) During one safety test a year as determined by the
16 Department, for each diesel powered vehicle that is
17 registered for a gross weight of more than 8,000 pounds and
18 is registered within an affected area, the safety test shall
19 include an emission inspection conducted at an official
20 testing station certified by the Department to perform diesel
21 emissions inspections pursuant to the procedures for diesel
22 emissions inspections set forth in Section 13-101. Diesel
23 powered vehicles that are registered for a gross weight of
24 more than 8,000 pounds, that are registered within an
25 affected area, and that fall under the description in
26 subsection (b) of Section 13-101 are required to submit to an
27 emission inspection under this Chapter 13.
28 If the inspection reveals that the vehicle is not in
29 compliance with the diesel emission standard set forth in
30 Section 13-101, the operator of the official testing station
31 shall issue a warning notice requiring correction of the
32 violation. The correction shall be made and the vehicle
33 submitted to an emissions retest at an official testing
34 station certified by the Department to perform diesel
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1 emission inspections within 30 days from the issuance of the
2 warning notice requiring correction of the violation.
3 If within 30 days from the issuance of the warning
4 notice, the vehicle is not in compliance with the diesel
5 emission standards set forth in Section 13-101 as determined
6 by an emissions retest at an official testing station, the
7 operator of the official testing station or the Department
8 shall place the vehicle out-of-service in accordance with the
9 rules promulgated by the Department. Operating a vehicle that
10 has been placed out-of-service under this subsection (h) is a
11 business offense punishable by a $1,000 fine. The vehicle
12 must pass a diesel emission inspection at an official testing
13 station before it is again placed in service.
14 The Secretary of State, Department of State Police, and
15 other law enforcement officers shall enforce this subsection
16 (h). All moneys received from fines imposed under this
17 subsection shall be paid into the Diesel Emissions Testing
18 Fund. All citations issued pursuant to this subsection shall
19 be considered non-moving violations. The Department is
20 authorized to promulgate rules to implement its
21 responsibilities under this Section.
22 (i) Except as provided in subsection (h) and this
23 subsection (i), it is unlawful for any person to operate a
24 diesel powered vehicle that is registered for a gross weight
25 of more than 8,000 pounds upon the roadways of this State in
26 violation of the diesel emission standards set forth in
27 Section 13-101. Notwithstanding any other penalty, whenever
28 a law enforcement officer of the Department of State Police
29 determines that a diesel powered vehicle that is registered
30 for a gross weight of more than 8,000 pounds is in violation
31 of the diesel emission standards, as evidenced by issuance of
32 a citation for a violation of the standards, the operator of
33 the vehicle shall be guilty of a business offense punishable
34 by a $400 fine, except that a third or subsequent violation
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1 within one year of the first violation is a business offense
2 punishable by a $1,000 fine. In no event may an operator who
3 has received a citation under this subsection (i) receive,
4 within 30 days of the initial citation, a second or
5 subsequent citation for operating the same vehicle in
6 violation of the diesel emission standard under this Chapter.
7 All moneys received from fines imposed under this subsection
8 shall be paid into the Diesel Emissions Testing Fund. All
9 citations issued pursuant to this subsection shall be
10 considered non-moving violations.
11 (j) There is hereby created within the State Treasury a
12 special fund to be known as the Diesel Emissions Testing
13 Fund, constituted from the fines collected pursuant to
14 subsections (h) and (i) of this Section. Subject to
15 appropriation, moneys from the Diesel Emissions Testing Fund
16 shall be available, as a supplement to moneys appropriated
17 from the General Revenue Fund, to the Department of
18 Transportation and the Department of State Police for their
19 implementation of the diesel emission inspection requirements
20 under this Chapter 13.
21 (Source: P.A. 86-447; 86-1223.)
22 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
23 Sec. 13-114. Interstate carriers of property. Any
24 vehicle registered in Illinois and operated by an interstate
25 carrier of property shall be exempt from the provisions of
26 this Chapter provided such carrier has registered with the
27 Bureau of Motor Carrier Safety of the Federal Highway
28 Administration as an interstate motor carrier of property and
29 has been assigned a federal census number by such Bureau. An
30 interstate carrier of property, however, is not exempt from
31 the provisions of Section 13-111(b) of this Chapter.
32 Any vehicle registered in Illinois and operated by a
33 private interstate carrier of property shall be exempt from
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1 the provisions of this Chapter, except the provisions of
2 Section 13-111(b), provided it:
3 1. is registered with the Bureau of Motor Carrier
4 Safety of the Federal Highway Administration, and
5 2. carries in the motor vehicle documentation
6 issued by the Bureau of Motor Carrier Safety of the
7 Federal Highway Administration displaying the federal
8 census number assigned, and
9 3. displays on the sides of the motor vehicle the
10 census number, which must be no less than 2 inches high,
11 with a brush stroke no less than 1/4 inch wide in a
12 contrasting color.
13 Notwithstanding any other provision of this Section, each
14 diesel powered vehicle that is registered for a gross weight
15 of more than 8,000 pounds, registered within the affected
16 area, and operated by an interstate carrier of property or a
17 private interstate carrier of property within the affected
18 area is subject to the provisions of this Chapter that
19 pertain to diesel emission inspections.
20 (Source: P.A. 85-1407.)
21 (625 ILCS 5/13-116.1 new)
22 Sec. 13-116.1. Emission inspection funding. The
23 Department of Transportation and the Department of State
24 Police shall be reimbursed for all expenses related to the
25 training, equipment, recordkeeping, and conducting of diesel
26 powered emission inspections pursuant to this Chapter 13 when
27 that testing is conducted within the affected areas, subject
28 to appropriation, from the General Revenue Fund and the
29 Diesel Emissions Testing Fund. No moneys from any funds
30 other than the General Revenue Fund and the Diesel Emissions
31 Testing Fund shall be appropriated for diesel emission
32 inspections under this Chapter 13.
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1 (625 ILCS 5/13-117 new)
2 Sec. 13-117. Home rule. A unit of local government
3 within the affected areas, including home rule units, shall
4 not require or conduct a diesel emission inspection program
5 that does not meet or exceed the procedures and standards of
6 the diesel emission inspections provided for in this Chapter
7 13. A unit of local government within the affected areas,
8 including home rule units, must affirmatively comply with the
9 diesel emission inspection requirements of this Chapter 13
10 and does not comply with the diesel emission inspection
11 requirements of this Chapter 13 by conducting its own tests.
12 This Section is a limitation under subsection (i) of Section
13 6 of Article VII of the Illinois Constitution on the
14 concurrent exercise by home rule units of powers and
15 functions exercised by the State.
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