Public Act 096-0487
 
SB1958 Enrolled LRB096 10578 AJT 20750 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 1-113.1, 1-202.1, 3-107, 3-406, 3-804.1, 3-804.2,
12-201, 12-208, and 12-301 as follows:
 
    (625 ILCS 5/1-113.1)
    Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
least 25 years of age and of a model year after 1948 or a
vehicle that has been certified by an inspector of the National
Street Rod Association, on a form prescribed by the Secretary
of State, to be a custom vehicle manufactured to resemble a
vehicle at least 25 years of age and of a model year after 1948
and has been altered from the manufacturer's original design or
has a body constructed from non-original materials and which is
maintained for occasional transportation, exhibitions, club
activities, parades, tours, and similar uses and which is not
used for general daily transportation.
(Source: P.A. 92-668, eff. 1-1-03.)
 
    (625 ILCS 5/1-202.1)
    Sec. 1-202.1. Street rod. A motor vehicle that is a 1948 or
older vehicle or a vehicle that has been certified by an
inspector of the National Street Rod Association, on a form
prescribed by the Secretary of State, to be a street rod that
was manufactured after 1948 to resemble a vehicle that was
manufactured before 1949 and has been altered from the
manufacturer's original design or has a body constructed from
non-original materials and which is maintained for occasional
transportation, exhibitions, club activities, parades, tours,
and similar uses and which is not used for general daily
transportation.
(Source: P.A. 92-668, eff. 1-1-03.)
 
    (625 ILCS 5/3-107)  (from Ch. 95 1/2, par. 3-107)
    Sec. 3-107. Contents and effect.
    (a) Each certificate of title issued by the Secretary of
State shall contain:
        1. the date issued;
        2. the name and address of the owner;
        3. the names and addresses of any lienholders, in the
    order of priority as shown on the application or, if the
    application is based on a certificate of title, as shown on
    the certificate;
        4. the title number assigned to the vehicle;
        5. a description of the vehicle including, so far as
    the following data exists: its make, year-model,
    identifying number, type of body, whether new or used, as
    to house trailers as defined in Section 1-128 of this Code,
    the square footage of the vehicle based upon the outside
    dimensions of the house trailer excluding the length of the
    tongue and hitch, and, if a new vehicle, the date of the
    first sale of the vehicle for use;
        6. an odometer certification as provided for in this
    Code; and
        7. any other data the Secretary of State prescribes.
    (a-5) In the event the applicant seeks to have the vehicle
titled as a custom vehicle or street rod, that fact must be
stated in the application. The custom vehicle or street rod
must be inspected as required by Section 3-406 of this Code
prior to issuance of the title. Upon successful completion of
the inspection, the vehicle may be titled in the following
manner. The make of the vehicle shall be listed as the make of
the actual vehicle or the make it is designed to resemble
(e.g., Ford or Chevrolet); the model of the vehicle shall be
listed as custom vehicle or street rod; and the year of the
vehicle shall be listed as the year the actual vehicle was
manufactured or the year it is designed to resemble. A vehicle
previously titled as other than a custom vehicle or street rod
may be issued a corrected title reflecting the custom vehicle
or street rod model if it otherwise meets the requirements for
the designation.
    (b) The certificate of title shall contain forms for
assignment and warranty of title by the owner, and for
assignment and warranty of title by a dealer, and may contain
forms for applications for a certificate of title by a
transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder.
    (b-5) The Secretary of State shall designate on a
certificate of title a space where the owner of a vehicle may
designate a beneficiary, to whom ownership of the vehicle shall
pass in the event of the owner's death.
    (c) A certificate of title issued by the Secretary of State
is prima facie evidence of the facts appearing on it.
    (d) A certificate of title for a vehicle is not subject to
garnishment, attachment, execution or other judicial process,
but this subsection does not prevent a lawful levy upon the
vehicle.
    (e) Any certificate of title issued by the Secretary of
State is subject to a lien in favor of the State of Illinois
for any fees or taxes required to be paid under this Act and as
have not been paid, as provided for in this Code.
(Source: P.A. 95-784, eff. 1-1-09.)
 
    (625 ILCS 5/3-406)  (from Ch. 95 1/2, par. 3-406)
    Sec. 3-406. Application for specially constructed,
reconstructed, custom, street rod, or foreign vehicles.
    (a) In the event the vehicle to be registered is a
specially constructed, reconstructed or foreign vehicle, such
fact shall be stated in the application and with reference to
every foreign vehicle which has been registered heretofore
outside of this State the owner shall surrender to the
Secretary of State all registration plates, registration cards
or other evidence of such foreign registration as may be in his
possession or under his control except as provided in
subdivision (b) hereof.
    (b) Where in the course of interstate operation of a
vehicle registered in another State, it is desirable to retain
registration of said vehicle in such other State, such
applicant need not surrender but shall submit for inspection
said evidences of such foreign registration and the Secretary
of State upon a proper showing shall register said vehicle in
this State but shall not issue a certificate of title for such
vehicle.
    (c) In the event the applicant seeks to have the vehicle
registered as a custom vehicle or street rod, that fact must be
stated in the application. Prior to registration, custom
vehicles or street rods must be inspected by the Secretary of
State Department of Police. Upon successful completion of the
inspection, the vehicle may be registered in the following
manner. The make of the vehicle shall be listed as the make of
the actual vehicle or the make it is designed to resemble
(e.g., Ford or Chevrolet); the model of the vehicle shall be
listed as custom vehicle or street rod; and the year of the
vehicle shall be listed as the year the actual vehicle was
manufactured or the year it is designed to resemble.
(Source: P.A. 76-1586.)
 
    (625 ILCS 5/3-804.1)
    Sec. 3-804.1. Custom vehicles.
    (a) The owner of a custom vehicle may register that vehicle
for the standard registration fee for a vehicle of the first
division, other than a motorcycle, motor driven cycle, or
pedalcycle, and obtain a custom vehicle plate. An applicant for
the special plate shall be charged, in addition to the standard
registration fee, $15 for original issuance to be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray administrative costs. For
each renewal period, in addition to the standard registration
fee, the applicant shall be charged $2, which shall be
deposited into the Secretary of State Special License Plate
Fund. The application for registration must be accompanied by
an affirmation of the owner that the vehicle will be maintained
for occasional transportation, exhibitions, club activities,
parades, tours, and similar uses and will not be used for
general daily transportation. The Secretary may, in his or her
discretion, prescribe that custom vehicle plates be issued for
a definite or an indefinite term, the term to correspond to the
term of registration plates issued generally, as provided in
Section 3-414.1. Any person requesting custom vehicle plates
under this Section may also apply to have vanity or
personalized plates as provided under Section 3-405.1.
    (b) Upon initial registration of a custom vehicle, the
owner of the custom vehicle must have the vehicle inspected as
required by Section 3-406 of this Code provide proof acceptable
to the Secretary that, no more than 3 months before the date of
the application for registration, the custom vehicle passed a
safety inspection that (i) has been approved by the Secretary
and (ii) is equivalent to the National Street Rod Association's
prescribed vehicle safety inspection.
    Except where otherwise provided, custom vehicles are
considered to be in compliance with all vehicle equipment
requirements if they have passed the approved vehicle safety
inspection.
(Source: P.A. 92-668, eff. 1-1-03.)
 
    (625 ILCS 5/3-804.2)
    Sec. 3-804.2. Street rods.
    (a) The owner of a street rod may register the vehicle for
the standard registration fee for a vehicle of the first
division, other than a motorcycle, motor driven cycle, or
pedalcycle, and obtain a street rod plate. An applicant for the
special plate shall be charged, in addition to the standard
registration fee, $15 for original issuance to be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray administrative costs. For
each renewal period, in addition to the standard registration
fee, the applicant shall be charged $2, which shall be
deposited into the Secretary of State Special License Plate
Fund. The application for registration must be accompanied by
an affirmation of the owner that the vehicle will be maintained
for occasional transportation, exhibitions, club activities,
parades, tours, and similar uses and will not be used for
general daily transportation. The Secretary may, in his or her
discretion, prescribe that street rod plates be issued for a
definite or an indefinite term, the term to correspond to the
term of registration plates issued generally, as provided in
Section 3-414.1. Any person requesting street rod plates under
this Section may also apply to have vanity or personalized
plates as provided under Section 3-405.1.
    (b) Upon initial registration of a street rod, the owner of
the street rod must have the vehicle inspected as required by
Section 3-406 of this Code provide proof acceptable to the
Secretary that, no more than 3 months before the date of the
application for registration, the street rod passed a safety
inspection that (i) has been approved by the Secretary and (ii)
is equivalent to the National Street Rod Association's
prescribed vehicle safety inspection.
    Except where otherwise provided, street rods are
considered to be in compliance with all vehicle equipment
requirements if they have passed the approved vehicle safety
inspection.
(Source: P.A. 92-668, eff. 1-1-03.)
 
    (625 ILCS 5/12-201)  (from Ch. 95 1/2, par. 12-201)
    Sec. 12-201. When lighted lamps are required.
    (a) When operated upon any highway in this State, every
motorcycle shall at all times exhibit at least one lighted
lamp, showing a white light visible for at least 500 feet in
the direction the motorcycle is proceeding. However, in lieu of
such lighted lamp, a motorcycle may be equipped with and use a
means of modulating the upper beam of the head lamp between
high and a lower brightness. No such head lamp shall be
modulated, except to otherwise comply with this Code, during
times when lighted lamps are required for other motor vehicles.
    (b) All other motor vehicles shall exhibit at least 2
lighted head lamps, with at least one on each side of the front
of the vehicle, which satisfy United States Department of
Transportation requirements, showing white lights, including
that emitted by high intensity discharge (HID) lamps, or lights
of a yellow or amber tint, during the period from sunset to
sunrise, at times when rain, snow, fog, or other atmospheric
conditions require the use of windshield wipers, and at any
other times when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are
not clearly discernible at a distance of 1000 feet. Parking
lamps may be used in addition to but not in lieu of such head
lamps. Every motor vehicle, trailer, or semi-trailer shall also
exhibit at least 2 lighted lamps, commonly known as tail lamps,
which shall be mounted on the left rear and right rear of the
vehicle so as to throw a red light visible for at least 500
feet in the reverse direction, except that a truck tractor or
road tractor manufactured before January 1, 1968 and all
motorcycles need be equipped with only one such tail lamp.
    (c) Either a tail lamp or a separate lamp shall be so
constructed and placed as to illuminate with a white light a
rear registration plate when required and render it clearly
legible from a distance of 50 feet to the rear. Any tail lamp
or tail lamps, together with any separate lamp or lamps for
illuminating a rear registration plate, shall be so wired as to
be lighted whenever the head lamps or auxiliary driving lamps
are lighted.
    (d) A person shall install only head lamps that satisfy
United States Department of Transportation regulations and
show white light, including that emitted by HID lamps, or light
of a yellow or amber tint for use by a motor vehicle.
    (e) (Blank). For purposes of this Section, a custom vehicle
or street rod is considered to be in compliance with all
vehicle lamp requirements if it has passed the approved safety
inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 92-16,
eff. 6-28-01; 92-668, eff. 1-1-03.)
 
    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
    Sec. 12-208. Signal lamps and signal devices.
    (a) Every vehicle other than an antique vehicle displaying
an antique plate operated in this State shall be equipped with
a stop lamp or lamps on the rear of the vehicle which shall
display a red or amber light visible from a distance of not
less than 500 feet to the rear in normal sunlight and which
shall be actuated upon application of the service (foot) brake,
and which may but need not be incorporated with other rear
lamps. During times when lighted lamps are not required, an
antique vehicle may be equipped with a stop lamp or lamps on
the rear of such vehicle of the same type originally installed
by the manufacturer as original equipment and in working order.
However, at all other times, except as provided in subsection
(a-1), such antique vehicle must be equipped with stop lamps
meeting the requirements of Section 12-208 of this Act.
    (a-1) An antique vehicle, including an antique motorcycle,
may display a blue light or lights of up to one inch in
diameter as part of the vehicle's rear stop lamp or lamps.
    (b) Every motor vehicle other than an antique vehicle
displaying an antique plate shall be equipped with an electric
turn signal device which shall indicate the intention of the
driver to turn to the right or to the left in the form of
flashing lights located at and showing to the front and rear of
the vehicle on the side of the vehicle toward which the turn is
to be made. The lamps showing to the front shall be mounted on
the same level and as widely spaced laterally as practicable
and, when signaling, shall emit a white or amber light, or any
shade of light between white and amber. The lamps showing to
the rear shall be mounted on the same level and as widely
spaced laterally as practicable and, when signaling, shall emit
a red or amber light. An antique vehicle shall be equipped with
a turn signal device of the same type originally installed by
the manufacturer as original equipment and in working order.
    (c) Every trailer and semitrailer shall be equipped with an
electric turn signal device which indicates the intention of
the driver in the power unit to turn to the right or to the left
in the form of flashing red or amber lights located at the rear
of the vehicle on the side toward which the turn is to be made
and mounted on the same level and as widely spaced laterally as
practicable.
    (d) Turn signal lamps must be visible from a distance of
not less than 300 feet in normal sunlight.
    (e) Motorcycles and motor-driven cycles need not be
equipped with electric turn signals. Antique vehicles need not
be equipped with turn signals unless such were installed by the
manufacturer as original equipment.
    (f) (Blank). For purposes of this Section, a custom vehicle
or street rod is considered to be in compliance with all signal
lamp and signal device requirements if it has passed the
approved safety inspection provided for in Section 3-804.1 or
3-804.2.
(Source: P.A. 94-299, eff. 7-21-05.)
 
    (625 ILCS 5/12-301)  (from Ch. 95 1/2, par. 12-301)
    Sec. 12-301. Brakes.
    (a) Brake equipment required.
        1. Every motor vehicle, other than a motor-driven cycle
    and an antique vehicle displaying an antique plate, when
    operated upon a highway shall be equipped with brakes
    adequate to control the movement of and to stop and hold
    such vehicle, including 2 separate means of applying the
    brakes, each of which means shall be effective to apply the
    brakes to at least one wheel on a motorcycle and at least 2
    wheels on all other first division and second division
    vehicles. If these 2 separate means of applying the brakes
    are connected in any way, they shall be so constructed that
    failure of any one part of the operating mechanism shall
    not leave the motor vehicle without brakes.
        2. Every motor-driven cycle when operated upon a
    highway shall be equipped with at least one brake which may
    be operated by hand or foot.
        3. Every antique vehicle shall be equipped with the
    brakes of the same type originally installed by the
    manufacturer as original equipment and in working order.
        4. Except as provided in paragraph 4.1, every trailer
    or semitrailer of a gross weight of over 3,000 pounds, when
    operated upon a highway must be equipped with brakes
    adequate to control the movement of, to stop and to hold
    such vehicle, and designed so as to be operable by the
    driver of the towing vehicle from its cab. Such brakes must
    be so designed and connected that in case of an accidental
    breakaway of a towed vehicle over 5,000 pounds, the brakes
    are automatically applied.
        4.1. Every boat trailer of a gross weight of over 3,000
    pounds, when operated upon a highway, must be equipped with
    brakes adequate to control the movement of, to stop, and to
    hold that boat trailer. The brakes must be designed to
    ensure that, in case of an accidental breakaway of a towed
    boat trailer over 5,000 pounds, the brakes are
    automatically applied.
        5. Every motor vehicle, trailer, pole trailer or
    semitrailer, sold in this State or operated upon the
    highways shall be equipped with service brakes upon all
    wheels of every such vehicle, except any motor-driven
    cycle, and except that any trailer, pole trailer or
    semitrailer 3,000 pounds gross weight or less need not be
    equipped with brakes, and except that any trailer or
    semitrailer with gross weight over 3,000 pounds but under
    5,001 pounds need be equipped with brakes on only one wheel
    on each side of the vehicle. Any motor vehicle and truck
    tractor having 3 or more axles and manufactured prior to
    July 25, 1980 need not have brakes on the front wheels,
    except when such vehicles are equipped with at least 2
    steerable axles, the wheels of one such axle need not be
    equipped with brakes. However, a vehicle that is more than
    30 years of age and which is driven on the highways only in
    going to and returning from an antique auto show or for
    servicing or for a demonstration need be equipped with 2
    wheel brakes only.
    (b) Performance ability of brakes.
        1. The service brakes upon any motor vehicle or
    combination of vehicles operating on a level surface shall
    be adequate to stop such vehicle or vehicles when traveling
    20 miles per hour within a distance of 30 feet when upon
    dry asphalt or concrete pavement surface free from loose
    material.
        2. Under the above conditions the hand brake shall be
    adequate to stop such vehicle or vehicles, except any
    motorcycle, within a distance of 55 feet and the hand brake
    shall be adequate to hold such vehicle or vehicles
    stationary on any grade upon which operated.
        3. Under the above conditions the service brakes upon
    an antique vehicle shall be adequate to stop the vehicle
    within a distance of 40 feet and the hand brake adequate to
    stop the vehicle within a distance of 55 feet.
        4. All braking distances specified in this Section
    apply to all vehicles mentioned, whether such vehicles are
    unloaded or are loaded to the maximum capacity permitted
    under this Act.
        5. All brakes shall be maintained in good working order
    and shall be so adjusted as to operate as equally as
    practicable with respect to the wheels on opposite sides of
    the vehicle.
        6. Brake assembly requirements for mobile homes shall
    be the standards required by the United States Department
    of Housing and Urban Development adopted under Title VI of
    the Housing and Community Development Act of 1974.
    (c) (Blank). For purposes of this Section, a custom vehicle
or street rod is considered to be in compliance with all brake
equipment requirements if it has passed the approved vehicle
safety inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 92-668, eff. 1-1-03; 93-344, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect January
1, 2010.