Public Act 103-0476
 
SB0273 EnrolledLRB103 26218 HEP 52577 b


  
    AN ACT concerning transportation.
  
 
    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 13-101, 13-103, 13-103.1, 13-103.3, 13-106, 
13-107, 13-108, 13-109, and 13-110 and  by adding Sections 
13-103.4 and 13-105.2 as follows:
 
    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)

    Sec. 13-101. Submission to safety test; certificate of 
safety.  To
promote the safety of the general public, every 
owner of a second division
vehicle, medical transport vehicle, 
tow truck, first division vehicle including a taxi which is 
used for a purpose that requires a school bus driver permit, 
motor vehicle used for driver education training, or contract 
carrier
transporting employees in the course of their 
employment on a highway of
this State in a vehicle designed to 
carry 15 or fewer passengers shall,
before operating the 
vehicle
upon the highways of Illinois, submit it to a "safety 
test" and secure a
certificate of safety furnished by the 
Department as set forth in Section
13-109. Each second 
division motor vehicle that pulls or draws a trailer,

semitrailer or pole trailer, with a gross weight of 10,001 lbs 
or more or
is registered for a gross weight of 10,001 lbs or 
more, motor bus,
religious organization bus, school bus, 
senior citizen transportation vehicle,
and limousine shall be 
subject to
inspection by the Department and the Department is 
authorized to
establish rules and regulations for the  
implementation of such inspections.


    The owners of each salvage vehicle shall submit it to a 
"safety test" and
secure a certificate of safety furnished by 
the Department prior to its
salvage vehicle inspection 
pursuant to Section 3-308 of this Code.
In implementing and 
enforcing the provisions of this Section, the
Department and 
other authorized State agencies shall do so in a manner
that is 
not inconsistent with any applicable federal law or regulation 
so
that no federal funding or support is jeopardized by the 
enactment or
application of these provisions.


    However, none of the provisions of Chapter 13 requiring 
safety
tests or a certificate of safety shall apply to:


        (a) farm tractors, machinery and implements, wagons, 
    wagon-trailers
or like farm vehicles used primarily in 
    agricultural pursuits;


        (b) vehicles other than school buses, tow trucks and 
    medical
transport vehicles owned or operated by a 
    municipal corporation or
political subdivision having a 
    population of 1,000,000 or more inhabitants
and which are 
    subject to safety tests imposed by local ordinance or 
    resolution;


        (c) a semitrailer or trailer having a gross weight of 
    5,000 pounds
or less including vehicle weight and maximum 
    load;


        (d) recreational vehicles;


        (e) vehicles registered as and displaying Illinois

    antique vehicle plates and vehicles registered as 
    expanded-use antique vehicles and  displaying expanded-use 
    antique vehicle plates;


        (f) house trailers equipped and used for living 
    quarters;


        (g) vehicles registered as and displaying Illinois 
    permanently
mounted equipment plates or similar vehicles 
    eligible therefor but
registered as governmental vehicles 
    provided that if said vehicle is
reclassified from a 
    permanently mounted equipment plate so as to lose the

    exemption of not requiring a certificate of safety, such 
    vehicle must be
safety tested within 30 days of the 
    reclassification;


        (h) vehicles owned or operated by a manufacturer, 
    dealer or
transporter displaying a special plate or plates 
    as described in Chapter
3 of this Code while such vehicle 
    is being delivered from the
manufacturing or assembly 
    plant directly to the purchasing dealership or

    distributor, or being temporarily road driven for quality 
    control testing,
or from one dealer or distributor to 
    another, or are being
moved by the most direct route from 
    one location to another for the
purpose of installing 
    special bodies or equipment, or driven for purposes
of 
    demonstration by a prospective buyer with the dealer or 
    his agent present
in the cab of the vehicle during the 
    demonstration;


        (i) pole trailers and auxiliary axles;


        (j) special mobile equipment;


        (k) vehicles properly registered in another State 
    pursuant to law and
displaying a valid registration plate 
    or digital registration plate, except vehicles of contract 
    carriers
transporting employees in the course of their 
    employment on a highway of this
State in a vehicle 
    designed to carry 15 or fewer passengers
are only exempted 
    to the extent that the safety testing
requirements 
    applicable to such vehicles in the state of registration

    are no less stringent than the safety testing requirements 
    applicable
to contract carriers that are lawfully 
    registered in Illinois;


        (l) water-well boring apparatuses or rigs;


        (m) any vehicle which is owned and operated by the 
    federal government
and externally displays evidence of 
    such ownership; and


        (n) second division vehicles registered for a gross 
    weight of 10,000
pounds or less, except when such second 
    division motor vehicles pull
or draw a trailer, 
    semi-trailer or pole trailer having a gross weight of
or 
    registered for a gross weight of more than 10,000 pounds; 
    motor buses;
religious organization buses; school buses; 
    senior citizen transportation
vehicles; medical transport 
    vehicles; tow trucks; and any property carrying vehicles 
    being operated in commerce that are registered for a gross 
    weight of more than 8,000 lbs but less than 10,001 lbs.


    The safety test shall include the testing and inspection 
of
brakes, lights, horns, reflectors, rear vision mirrors, 
mufflers,
safety chains, windshields and windshield wipers, 
warning flags and
flares, frame, axle, cab and body, or cab or 
body, wheels, steering
apparatus, and other safety devices and 
appliances required by this Code
and such other safety tests 
as the Department may by rule or regulation
require, for 
second division vehicles, school buses, medical transport

vehicles, tow trucks, first division vehicles including taxis 
which are used for a purpose that requires a school bus driver 
permit, motor vehicles used for driver education training, 
vehicles designed to carry 15 or fewer passengers
operated by 
a contract carrier transporting employees in the course of 
their
employment
on a highway of this State, trailers, and

semitrailers subject to inspection.


    For tow trucks, the safety test and inspection shall also 
include
the inspection of winch mountings, body panels, body

mounts, wheel lift swivel points,
and sling straps, and other 
tests and inspections the Department by
rule requires for tow 
trucks.


    For driver education vehicles used by public high schools, 
the vehicle must also be equipped with dual control brakes, a 
mirror on each side of the vehicle so located as to reflect to 
the driver a view of the highway for a distance of at least 200 
feet to the rear, and a sign visible from the front and the 
rear identifying the vehicle as a driver education car. 
    For trucks, truck tractors, trailers, semi-trailers, buses 
engaged in interstate commerce as defined Section 1-133 of 
this Code, and first division vehicles including taxis which 
are used for a purpose that requires a school bus driver 
permit, the
safety test shall be conducted in accordance with 
the Minimum Periodic
Inspection Standards promulgated by the 
Federal Highway Administration of
the U.S. Department of 
Transportation and contained in Appendix G to
Subchapter B of 
Chapter III of Title 49 of the Code of Federal Regulations.

Those 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.


    The passing of the safety test shall not be a bar at any 
time to
prosecution for operating a second division vehicle, 
medical
transport
vehicle, motor vehicle used for driver 
education training, or vehicle designed to carry 15 or fewer 
passengers operated by a
contract carrier as provided in this 
Section that is unsafe, as determined by
the standards 
prescribed in this Code.


(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)

 



    (625 ILCS 5/13-103)  (from Ch. 95 1/2, par. 13-103)



    Sec. 13-103. Official testing stations - Fee - Permit - 
Bond. Upon the
payment of a fee of $50 $10 and the filing of an 
application
by the proprietor of a company or municipality any 
vehicle service station or public or private
garage upon forms 
furnished by the Department, accompanied by proof of

experience, training and ability of the operator of the 
testing
equipment, together with proof of installation of 
approved testing
equipment as defined in Section 13-102 and 
the giving of a bond
conditioned upon faithful observance of 
this Section and of rules and
regulations issued by the 
Department in the amount of $10,000 $1,000 with
security 
approved by the Department, the Department shall issue a 
permit
to the proprietor of such company or municipality 
vehicle service station or garage to
operate an Official 
Testing Station. Such permit shall expire 12 months
following 
its issuance, but may be renewed annually by complying
with 
the requirements set forth in this Section and upon the 
payment of a
renewal fee of $50 $10. Proprietors of official 
testing stations for
which permits have been issued prior to 
the effective date of this Act
may renew such permits for the 
renewal fee of $50 $10 on the expiration
of each 12 months 
following issuance of such permits, by complying with
the 
requirements set forth in this Section. However, any city, 
village or
incorporated town shall upon application to the 
Department and without
payment of any fee or filing of any 
bond, but upon proof of experience,
training and ability of 
the operator of the testing equipment, and proof
of the 
installation of approved testing equipment as defined in 
Section
13-102, be issued a permit to operate such testing 
station as an
Official Testing Station under this Act.  The 
permit so
issued shall at all times be displayed in a prominent 
place in the official vehicle
service station, garage or 
municipal testing station which is licensed as
an Official 
Testing Station under this Act. No
person or company vehicle 
service station, garage or municipality municipal testing

station shall in any manner claim or represent himself or 
itself to be
an official testing station unless a permit has 
been issued to him or it
as provided in this Section.

    Any person or municipality who or which has received a 
permit under
this Section may test his or its own second 
division
vehicles and issue certificates of safety and conduct 
emission inspections of
his or its own second division 
vehicles in accordance with the requirements of
Section 
13-109.1 with respect to any such
second division vehicles 
owned, operated or controlled by him or it.

    Each such permit issued by the Department shall state on 
its face the
location of the official testing station to be 
operated under the permit and
safety tests shall be made only 
at such location. However, the
Department may, upon 
application, authorize a change in the
location of the 
official testing station and the removal of the testing

equipment to the new location. Upon approval of such 
application, the
Department shall issue an endorsement which 
the applicant shall affix to
his permit. Such endorsement 
constitutes authority for the applicant to
make such change in 
location and to remove his testing equipment at the
times and 
to the places stated in the endorsement.

(Source: P.A. 91-254, eff. 7-1-00.)

 



    (625 ILCS 5/13-103.1)  (from Ch. 95 1/2, par. 13-103.1)



    Sec. 13-103.1. Annual certification of certified safety 
testers and certified diesel emission testers - Fee - Renewal. 

Only certified safety testers are authorized to perform safety 
tests and
affix Certificates of Safety to vehicles.  The 
Department shall annually
certify those certified safety 
testers and certified diesel emission testers who have met its 
requirements. Certified safety  Safety testers' and certified 
diesel emission testers'
certificates shall expire 12 months 
following the date of issue, but may
be renewed annually by 
complying with the requirements as established by the 
Department.

(Source: P.A. 80-606.)

 
    (625 ILCS 5/13-103.3)
    Sec. 13-103.3. Official portable emissions testing 
company; fee; permit; bond. Upon the payment of a fee of $50 
$10 and the filing of an application by the proprietor of any 
vehicle service company upon forms furnished by the 
Department, accompanied by proof of experience, training, and 
ability of the operator of the testing equipment, together 
with proof of approved testing equipment as defined in Section 
13-102 and the giving of a bond conditioned upon faithful 
observance of this Section and of rules adopted by the 
Department in the amount of $10,000 $1,000 with security 
approved by the Department, the Department shall issue a 
permit to the proprietor of the vehicle service company to 
operate an official portable emissions testing company. An 
official portable emissions testing company shall  only conduct 
portable emissions inspections for diesel fleets with 5 or 
more diesel vehicles required to be inspected under subsection 
(a) of Section 13-109.1, and only at the fleet owner's place of 
business. A permit issued under this Section shall expire 12 
months following its issuance, but may be renewed annually by 
complying with this Section and upon the payment of a renewal 
fee of $50 $10. No person or vehicle service company shall 
operate as an official portable emissions testing company 
without having been issued a permit as provided in this 
Section.
    A permittee under this Section may test second division 
vehicles owned, operated, or controlled by the permittee to 
conduct emission inspections of such vehicles in accordance 
with Section 13-109.1. A permittee under this Section may 
conduct interstate inspections on interstate carriers in 
accordance with 49 CFR Part 396.
    Each permit issued by the Department shall state on its 
face the location of the recordkeeping office of the 
proprietor of the official portable emissions testing company. 
However, the Department, upon application, may authorize a 
change in the location of the recordkeeping office. Upon the 
approval of such an application, the Department shall issue an 
endorsement to be fixed by the applicant to the permit. Such an 
endorsement constitutes authority for the applicant to make 
the change in location.

(Source: P.A. 102-566, eff. 1-1-22.)
 
    (625 ILCS 5/13-103.4 new)
    Sec. 13-103.4. Official mobile safety testing company;  
fee; permit; bond. Upon the payment of a fee of $50 and the  
filing of an application by the proprietor of a company or 
municipality seeking to perform mobile safety inspections upon 
forms furnished by the Department, accompanied by proof of 
experience, training, and ability of the operator of the 
testing equipment, together with proof of approved testing 
equipment as defined in Section 13-102 and the giving of a bond 
conditioned upon faithful observance of this Section and rules 
adopted by the Department in the amount of $10,000 with 
security approved by the Department, the Department shall 
issue a permit to the proprietor to operate an official mobile 
safety testing company. An official mobile safety testing 
company must maintain a physical office in this State. The 
permit shall expire 12 months following its issuance, but may 
be renewed annually by complying with the requirements set 
forth in this Section and upon the payment of a renewal fee of 
$50. The permit so issued shall at all times be displayed in a 
prominent place in the official mobile safety testing vehicle 
as well as at the required physical office of the testing 
company. No person or official mobile safety testing company 
shall in any manner claim or represent himself, herself, or 
itself to be an official mobile safety testing company unless 
a permit has been issued to the person or company as provided 
in this Section.
    Any person or municipality that has received a permit 
under this Section may test the second division vehicles owned 
by the person or municipality and issue certificates of safety 
vehicles owned by the person or municipality in accordance 
with the requirements of Section 13-109.1 with respect to any 
such vehicles owned, operated, or controlled by the person or 
municipality. 
    Each such permit issued by the Department shall state on 
its face the location of the physical office of the official 
mobile safety testing company. The physical office shall be 
the location in which all records are stored and retained. 
Official mobile safety testing companies shall only perform 
safety tests of vehicles at the vehicle owner's place of 
business with a 48-hour advance notice to the Department. The 
Department may, upon application, authorize a change in the 
location of the physical office to a new location. Upon the 
approval of such an application, the Department shall issue an 
endorsement, which the applicant shall affix to his or her 
permit. Such an endorsement constitutes authority for the 
applicant to operate. 
    As used in this Section, "official mobile safety testing 
company" means a safety testing company permitted to test 
trucks, truck tractors, trailers, semi-trailers, and buses 
engaged in interstate commerce as defined Section 1-133 of 
this Code. The safety test shall be conducted in accordance 
with the Minimum Periodic Inspection Standards promulgated by 
the Federal Highway Administration of the United States 
Department of Transportation and contained in Appendix G to 
Subchapter B of Chapter III of Title 49 of the Code of Federal 
Regulations. 
    The Department shall adopt rules to implement this 
Section. 
 
    (625 ILCS 5/13-105.2 new)
    Sec. 13-105.2. Inspection of official mobile safety 
testing companies. Employees specifically authorized by the 
Department to conduct inspections shall inspect all official 
mobile safety testing companies at frequent intervals. Such 
employees shall have access to all records relating to tests 
and work done or parts sold as a result of such tests, to 
ascertain whether the tests are properly, fairly, and honestly 
made, and may examine the owner of the official mobile safety 
testing company or any officer or employee thereof under oath.
 


    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)




    Sec. 13-106. Rates and charges by official testing 
stations, official mobile testing companies, and official 
portable emissions testing companies; schedule
to be filed.   
Every operator of an official testing station or official 
portable emissions testing company shall file with
the 
Department, in the manner prescribed by the Department, a 
schedule of
all rates and charges made by him for performing 
the tests
provided for in
Section 13-101 and Section 13-109.1.  
Such rate or charge shall include an
amount to reimburse
the 
operator of the official testing station or official portable 
emissions testing company for the purchase from the
Department

of the certificate of safety required by this chapter, not to 
exceed that
fee paid to the Department by the operator 
authorized by this chapter.
Such rates and charges shall be 
just and reasonable and the Department upon
its own initiative 
or upon complaint of any person or corporation may require
the 
testing station operator to appear for a hearing and prove 
that the
rates so filed are just and reasonable.  A "just and 
reasonable" rate or
charge, for the purposes of this Section, 
means a rate or charge which is
the same, or nearly the same, 
as the prevailing rate or charge for the same
or similar tests 
made in the community where the station is located.  No

operator may change this schedule of rates and charges until 
the proposed
changes are filed with and approved by the 
Department.  No license may be
issued to any official testing 
station or official portable emissions testing company unless 
the applicant has filed with
the Department a proposed 
schedule of rates and charges and unless such
rates and 
charges have been approved by the Department.  No operator of

an official testing station or official portable emissions 
testing company shall charge more or less than the rates so

filed with and approved by the Department.

(Source: P.A. 102-566, eff. 1-1-22.)

 


    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)




    Sec. 13-107. Investigation of complaints against official 
testing stations, official mobile testing companies, and 
official portable emissions testing companies. The Department 
shall, upon its own motion, or upon charges made in
writing 
verified under oath, investigate complaints that an official

testing station or official portable emissions testing company 
is willfully falsifying records or tests,
either for the

purpose of selling parts or services not actually required, or 
for the
purpose of issuing a certificate of safety for a 
vehicle designed to carry 15
or fewer passengers operated by a 
contract carrier transporting
employees in the course of their 
employment on a highway of this State,
second division

vehicle,
or medical transport vehicle
that is not in safe 
mechanical condition as determined by the standards of
this 
Chapter in violation of the provisions of this Chapter or of 
the rules
and regulations issued by the Department.

    The Secretary of Transportation, for the purpose of more 
effectively
carrying out the provisions of Chapter 13, may 
appoint such a number of
inspectors as he may deem necessary. 
Such inspectors shall inspect and
investigate applicants for 
official testing station or official portable emissions 
testing company permits and investigate
and report violations. 
With respect to enforcement of the
provisions of this Chapter 
13, such inspectors shall have and may exercise
throughout the 
State all the powers of police officers.

    The Secretary must authorize to each inspector and to any 
other employee of
the Department exercising the powers of a 
peace officer a distinct badge that,
on its face, (i) clearly 
states that the badge is authorized by the Department
and (ii) 
contains a unique identifying number.  No other badge shall be

authorized by the Department.
Nothing in this Section 
prohibits the Secretary from issuing shields or other

distinctive identification to employees not exercising the 
powers of a peace
officer if the Secretary determines that a 
shield or distinctive identification
is needed by the employee 
to carry out his or her responsibilities.

(Source: P.A. 102-566, eff. 1-1-22.)

 


    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)




    Sec. 13-108. Hearing on complaint against official testing 
station, official mobile testing company, or official portable 
emissions testing company; suspension or
revocation of permit. 
If it appears to the Department, either through its own 
investigation or
upon charges verified under oath, that any of 
the provisions of this
Chapter or the rules and regulations of 
the Department are being violated,
the Department shall, after 
notice to the person, firm, or corporation
charged with such 
violation, conduct a hearing. At least 10 days prior to
the 
date of such hearing the Department shall cause to be served 
upon the
person, firm, or corporation charged with such 
violation, a copy of such
charge or charges by registered mail 
or by the personal service thereof,
together with a notice 
specifying the time and place of such hearing. At
the time and 
place specified in such notice, the person, firm, or 
corporation
charged with such violation shall be given an 
opportunity to appear in
person or by counsel and to be heard 
by the Secretary of Transportation or
an officer or employee 
of the Department designated in writing by him to
conduct such 
hearing. If it appears from the hearing that such person, 
firm,
or corporation is guilty of the charge preferred against 
the person, firm, or corporation, the
Secretary of 
Transportation may order the permit suspended or revoked, and

the bond forfeited. Any such revocation or suspension shall 
not be a bar to
subsequent arrest and prosecution for 
violation of this Chapter.

(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)

 


    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)


    (Text of Section before amendment by P.A. 102-982)

    Sec. 13-109. Safety test prior to application for
license -
 Subsequent tests - Repairs - Retest.
    (a) Except as otherwise provided in Chapter 13, each 
second division
vehicle, first division vehicle including a 
taxi which is used for a purpose that requires a school bus 
driver permit, and medical transport vehicle, except those 
vehicles other than
school buses or medical transport vehicles 
owned or operated by a municipal
corporation or political 
subdivision having a population of 1,000,000 or
more 
inhabitants which are subjected to safety tests imposed by 
local
ordinance or resolution, operated in whole or in part 
over the highways
of this State, motor vehicle used for driver 
education training, and each vehicle designed to carry 15 or 
fewer passengers
operated by a contract carrier transporting 
employees in the course of
their employment
on a highway of 
this State, shall be subjected to the safety
test provided for 
in Chapter
13 of this Code.  Tests shall be conducted at an 
official testing station
within 6 months prior to the 
application for registration as provided
for in this Code.  
Subsequently each vehicle shall be subject to tests (i) at

least every 6 months, (ii) in the case of school buses and 
first division vehicles including taxis which are used for a 
purpose that requires a school bus driver permit, at least 
every 6
months or 10,000 miles, whichever occurs first, (iii) 
in the case of driver education vehicles used by public high 
schools, at least every 12 months for vehicles over 5 model 
years of age or having an odometer reading of over 75,000 
miles, whichever occurs first, or (iv) in the case of truck 
tractors, semitrailers, and property-carrying vehicles 
registered for a gross weight of more than 10,000 pounds but 
less than 26,001 pounds, at least every 12 months, and 
according to
schedules established by rules and regulations 
promulgated by the
Department.  Any component subject to 
regular inspection which is
damaged in a reportable accident 
must be reinspected before the bus or first division vehicle 
including a taxi which is used for a purpose that requires a 
school bus driver permit is
returned to service.

    (b) The Department shall also conduct periodic 
nonscheduled inspections
of school buses, of buses registered 
as charitable vehicles and of
religious organization buses. If 
such inspection reveals that a vehicle is
not in substantial 
compliance with the rules promulgated by the Department,
the 
Department shall remove the Certificate of Safety from the 
vehicle, and
shall place the vehicle out-of-service.  A bright 
orange, triangular decal
shall be placed on an out-of-service 
vehicle where the Certificate of
Safety has been removed.  The 
vehicle must pass a safety test at an
official testing station 
before it is again placed in service.

    (c) If the violation is not substantial a bright yellow, 
triangular
sticker shall be placed next to the Certificate of 
Safety at the time the
nonscheduled inspection is made.  The 
Department shall reinspect the
vehicle after 3 working days to 
determine that the violation has been
corrected and remove the 
yellow, triangular decal.  If the violation is not
corrected 
within 3 working days, the Department shall place the vehicle

out-of-service in accordance with procedures in subsection 
(b).

    (d) If a violation is not substantial and does not 
directly affect the
safe operation of the vehicle, the 
Department shall issue a warning notice
requiring correction 
of the violation.  Such correction shall be
accomplished as 
soon as practicable and a report of the correction shall be

made to the Department within 30 days in a manner established 
by the
Department.  If the Department has not been advised that 
the corrections
have been made, and the violations still 
exist, the Department shall place
the vehicle out-of-service 
in accordance with procedures in subsection
(b).

    (e) The Department is authorized to promulgate regulations 
to implement its
program of nonscheduled inspections.  Causing 
or allowing the operation of
an out-of-service vehicle with 
passengers or unauthorized removal of an
out-of-service 
sticker is a Class 3 felony.  Causing or allowing the
operation 
of a vehicle with a 3-day sticker for longer than 3 days with 
the
sticker attached or the unauthorized removal of a 3-day 
sticker is a Class C
misdemeanor.

    (f) If a second division vehicle, first division vehicle 
including a taxi which is used for a purpose that requires a 
school bus driver permit, medical transport vehicle, or

vehicle operated by a contract carrier as provided in 
subsection (a) of this
Section is in safe
mechanical 
condition, as determined pursuant to Chapter 13, the operator 
of
the official testing station must at once issue to the 
second division
vehicle, first division vehicle including a 
taxi which is used for a purpose that requires a school bus 
driver permit, or medical transport vehicle a certificate of 
safety, in the form
and manner prescribed by the Department, 
which shall be affixed to the
vehicle by the certified safety 
tester who performed the safety tests.  The
owner of the second 
division vehicle, first division vehicle including a taxi 
which is used for a purpose that requires a school bus driver 
permit, or medical transport vehicle or the
contract carrier 
shall at
all times display the Certificate of Safety on the 
second division vehicle, first division vehicle including a 
taxi which is used for a purpose that requires a school bus 
driver permit, medical transport vehicle, or vehicle operated 
by a contract carrier
in the manner prescribed by the 
Department.

    (g) If a test shows that a second division vehicle, first 
division vehicle including a taxi which is used for a purpose 
that requires a school bus driver permit, medical
transport

vehicle, or vehicle operated by a contract carrier is not in 
safe
mechanical condition as provided in this Section, it

shall not be operated on the highways until it has been 
repaired and
submitted to a retest at an official testing 
station.  If the owner or
contract carrier submits
the vehicle 
to a retest at
a
different official testing station from that 
where it failed to pass the
first test, he or she shall present 
to the operator of the second station the
report of the 
original test, and shall notify the Department in writing,

giving the name and address of the original testing station 
and the defects
which prevented the issuance of a Certificate 
of Safety, and the name and
address of the second official 
testing station making the retest.

(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)

 
    (Text of Section after amendment by P.A. 102-982)
    Sec. 13-109. Safety test prior to application for
license -
 Subsequent tests - Repairs - Retest.
    (a) Except as otherwise provided in Chapter 13, each 
second division
vehicle, first division vehicle including a 
taxi which is used for a purpose that requires a school bus 
driver permit, and medical transport vehicle, except those 
vehicles other than
school buses or medical transport vehicles 
owned or operated by a municipal
corporation or political 
subdivision having a population of 1,000,000 or
more 
inhabitants which are subjected to safety tests imposed by 
local
ordinance or resolution, operated in whole or in part 
over the highways
of this State, motor vehicle used for driver 
education training, and each vehicle designed to carry 15 or 
fewer passengers
operated by a contract carrier transporting 
employees in the course of
their employment
on a highway of 
this State, shall be subjected to the safety
test provided for 
in Chapter
13 of this Code.  Tests shall be conducted at an 
official testing station
or by an official mobile safety 
testing company within 6 months prior to the application for 
registration as provided
for in this Code.  Subsequently each 
vehicle shall be subject to tests (i) at
least every 6 months, 
(ii) in the case of school buses and first division vehicles 
including taxis which are used for a purpose that requires a 
school bus driver permit, at least every 6
months or 10,000 
miles, whichever occurs first, (iii) in the case of driver 
education vehicles used by public high schools, at least every 
12 months for vehicles over 5 model years of age or having an 
odometer reading of over 75,000 miles, whichever occurs first, 
or (iv) in the case of truck tractors, semitrailers, and 
property-carrying vehicles registered for a gross weight of 
more than 10,000 pounds but less than 26,001 pounds, at least 
every 12 months, and according to
schedules established by 
rules and regulations promulgated by the
Department.  Any 
component subject to regular inspection which is
damaged in a 
reportable crash must be reinspected before the bus or first 
division vehicle including a taxi which is used for a purpose 
that requires a school bus driver permit is
returned to 
service.

    (b) The Department shall also conduct periodic 
nonscheduled inspections
of school buses, of buses registered 
as charitable vehicles and of
religious organization buses. If 
such inspection reveals that a vehicle is
not in substantial 
compliance with the rules promulgated by the Department,
the 
Department shall remove the Certificate of Safety from the 
vehicle, and
shall place the vehicle out-of-service.  A bright 
orange, triangular decal
shall be placed on an out-of-service 
vehicle where the Certificate of
Safety has been removed.  The 
vehicle must pass a safety test at an
official testing station 
or official mobile safety testing company before it is again 
placed in service.

    (c) If the violation is not substantial a bright yellow, 
triangular
sticker shall be placed next to the Certificate of 
Safety at the time the
nonscheduled inspection is made.  The 
Department shall reinspect the
vehicle after 3 working days to 
determine that the violation has been
corrected and remove the 
yellow, triangular decal.  If the violation is not
corrected 
within 3 working days, the Department shall place the vehicle

out-of-service in accordance with procedures in subsection 
(b).

    (d) If a violation is not substantial and does not 
directly affect the
safe operation of the vehicle, the 
Department shall issue a warning notice
requiring correction 
of the violation.  Such correction shall be
accomplished as 
soon as practicable and a report of the correction shall be

made to the Department within 30 days in a manner established 
by the
Department.  If the Department has not been advised that 
the corrections
have been made, and the violations still 
exist, the Department shall place
the vehicle out-of-service 
in accordance with procedures in subsection
(b).

    (e) The Department is authorized to promulgate regulations 
to implement its
program of nonscheduled inspections.  Causing 
or allowing the operation of
an out-of-service vehicle with 
passengers or unauthorized removal of an
out-of-service 
sticker is a Class 3 felony.  Causing or allowing the
operation 
of a vehicle with a 3-day sticker for longer than 3 days with 
the
sticker attached or the unauthorized removal of a 3-day 
sticker is a Class C
misdemeanor.

    (f) If a second division vehicle, first division vehicle 
including a taxi which is used for a purpose that requires a 
school bus driver permit, medical transport vehicle, or

vehicle operated by a contract carrier as provided in 
subsection (a) of this
Section is in safe
mechanical 
condition, as determined pursuant to Chapter 13, the operator 
of
the official testing station or official mobile safety 
testing company must at once issue to the second division

vehicle, first division vehicle including a taxi which is used 
for a purpose that requires a school bus driver permit, or 
medical transport vehicle a certificate of safety, in the form

and manner prescribed by the Department, which shall be 
affixed to the
vehicle by the certified safety tester who 
performed the safety tests.  The
owner of the second division 
vehicle, first division vehicle including a taxi which is used 
for a purpose that requires a school bus driver permit, or 
medical transport vehicle or the
contract carrier shall at
all 
times display the Certificate of Safety on the second division 
vehicle, first division vehicle including a taxi which is used 
for a purpose that requires a school bus driver permit, 
medical transport vehicle, or vehicle operated by a contract 
carrier
in the manner prescribed by the Department.

    (g) If a test shows that a second division vehicle, first 
division vehicle including a taxi which is used for a purpose 
that requires a school bus driver permit, medical
transport

vehicle, or vehicle operated by a contract carrier is not in 
safe
mechanical condition as provided in this Section, it

shall not be operated on the highways until it has been 
repaired and
submitted to a retest at an official testing 
station or official mobile safety testing company.  If the 
owner or
contract carrier submits
the vehicle to a retest at
a

different official testing station or official mobile safety 
testing company from that where it failed to pass the
first 
test, he or she shall present to the operator of the second 
station the
report of the original test, and shall notify the 
Department in writing,
giving the name and address of the 
original testing station or official mobile safety testing 
company and the defects
which prevented the issuance of a 
Certificate of Safety, and the name and
address of the second 
official testing station or official mobile safety testing 
company making the retest.

(Source: P.A. 102-982, eff. 7-1-23.)

 



    (625 ILCS 5/13-110)  (from Ch. 95 1/2, par. 13-110)



    Sec. 13-110. Certificate of safety. (a) Certificates of 
Safety shall be
in contrasting colors, with a number on the 
face of the Certificate indicating
the month of the next 
inspection period the vehicle is subject to inspection.

Certificates for school buses shall also indicate the mileage 
at which the
school bus shall be subject to inspection if it 
occurs before the next regular
inspection period.  The colors 
of Certificates of Safety shall be prescribed
by the 
Department.

    (b) Certificates of Safety, which remain the property of 
the State of
Illinois, will be provided to Official Testing 
Stations and official mobile safety testing companies by the 
Department
at the fee of $1 each.  Certificates of Safety which 
remain
unused at the end of each inspection period will be 
redeemed for the same
amount in a manner prescribed by the 
Department.

    (c) Nothing in this Chapter shall be construed as a 
suggestion or direction
to any owner to require him to have any 
repairs made or any work done by
any official testing station 
or official mobile safety testing company, but all tests must 
be made at an official
testing station to secure the issuance 
of a certificate of safety, and no
certificate of safety 
issued by any other than an official testing station or 
official mobile safety testing company
shall be deemed a 
compliance with this Chapter.

(Source: P.A. 83-311.)


 
    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.