Public Act 097-0106
 
HB1093 EnrolledLRB097 05222 HEP 45272 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 13C-5, 13C-15, and 13C-25 as follows:
 
    (625 ILCS 5/13C-5)
    Sec. 13C-5. Definitions.  For the purposes of this Chapter:
    "Affected counties" means Cook County; DuPage County; Lake 
County; those parts of Kane County that are not included within 
any of the following ZIP code areas, as designated by the U.S. 
Postal Service on the effective date of this amendatory Act of 
the 94th General Assembly:  60109, 60119, 60135, 60140, 60142, 
60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, 
and 60554; those parts of Kendall County that are not included 
within any of the following ZIP code areas, as designated by 
the U.S. Postal Service on the effective date of this 
amendatory Act of the 94th General Assembly: 60447, 60450, 
60512, 60536, 60537, 60541, those parts of 60543 that are not 
within the census defined urbanized area, 60545, 60548, and 
60560; those parts of McHenry County that are not included 
within any of the following ZIP code areas, as designated by 
the U.S. Postal Service on the effective date of this 
amendatory Act of the 94th General Assembly:  60001, 60033, 
60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and 
60180;  those parts of Will County that are not included within 
any of the following ZIP code areas, as designated by the U.S. 
Postal Service on the effective date of this amendatory Act of 
the 94th General Assembly:  60401, 60407, 60408, 60410, 60416, 
60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950;  
those parts of Madison County that are not included within any 
of the following ZIP code areas, as designated by the U.S. 
Postal Service on the effective date of this amendatory Act of 
the 94th General Assembly:  62001, 62012, 62021, 62026, 62046, 
62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, 
62281, and 62293;  those parts of Monroe County that are not 
included within any of the following ZIP code areas, as 
designated by the U.S. Postal Service on the effective date of 
this amendatory Act of the 94th General Assembly:  62244, 62248, 
62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and 
62298;  and those parts of St. Clair County that are not 
included within any of the following ZIP code areas, as 
designated by the U.S. Postal Service on the effective date of 
this amendatory Act of the 94th General Assembly:  62224, 62243, 
62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 
62278, 62282, 62285, 62289, 62293, and 62298.
    "Board" means the Illinois Pollution Control Board.
    "Claim evaluation center" means an automotive diagnostic 
facility that meets the standards prescribed by the Agency for 
performing examinations of vehicle emissions inspection damage 
claims.
    "Contractor" means the vehicle emissions test contractor 
for official inspection stations described in Section 13C-45.
    "Diagnostic code" means a code stored in a vehicle's 
on-board diagnostic computer to indicate the occurrence of an 
emissions-related condition or malfunction.
    "Inspection area" means Cook County, DuPage County, Lake 
County, and those portions of Kane, Kendall, Madison, McHenry, 
Monroe, Will, and St. Clair Counties included in the definition 
of "affected counties".
    "Malfunction indicator lamp" or "MIL" means a dashboard 
lamp designed to illuminate to alert the driver to the 
occurrence of a problem or condition resulting in excessive 
emissions.
    "On-board diagnostic system" or "OBD system" means the 
computer-based system built into a vehicle all 1996 and newer 
light-duty vehicles and trucks, as required by the federal 
Clean Air Act Amendments of 1990, that is designed to monitor 
the performance of major engine and emissions controls, to 
alert the operator to emissions-related malfunctions, and to 
store diagnostic codes and other vehicle operating information 
useful in repairing the vehicle.
    "Official inspection station" means a structure or 
physical location where the Agency has authorized vehicle 
emissions testing to be conducted.
    "Owner" means the registered owner of the vehicle, as 
indicated on the vehicle's registration. In the case of an 
unregistered vehicle, "owner" has the meaning set forth in 
Section 1-155 of this Code.
    "Program" means the vehicle emission inspection program 
established under this Chapter.
    "Readiness status" means an indication of whether a 
vehicle's on-board diagnostic system has completed a periodic 
check of the performance of a monitored system or component.
    "Resident" includes natural persons, foreign and domestic 
corporations, partnerships, associations, and all other 
commercial and governmental entities. For the purpose of 
determining residence, the owner of a vehicle shall be presumed 
to reside at the address indicated on the vehicle's 
registration. A governmental entity, including the federal 
government and its agencies, and any unit of local government 
or school district, any part of which is located within an 
affected county, shall be deemed a resident of an affected 
county for the purpose of any vehicle that is owned by the 
governmental entity and regularly operated in an affected 
county.
    "Registration" of a vehicle means its registration under 
Article IV of Chapter 3 of this Code.
    "Vehicle age" means the numerical difference between the 
current calendar year and the vehicle model year.

(Source: P.A. 94-526, eff. 1-1-06.)
 
    (625 ILCS 5/13C-15)
    Sec. 13C-15. Inspections.
    (a) Computer-Matched Inspections and Notification.
        (1) The provisions of this subsection (a) are operative 
    until the implementation of the registration denial 
    inspection and notification mechanisms required by 
    subsection (b). Beginning with the implementation of the 
    program required by this Chapter, every motor vehicle that 
    is owned by a resident of an affected county, other than a 
    vehicle that is exempt under paragraph (a)(6) or (a)(7), is 
    subject to inspection under the program.
        The Agency shall send notice of the assigned inspection 
    month, at least 15 days before the beginning of the 
    assigned month, to the owner of each vehicle subject to the 
    program.  An initial emission inspection sticker or initial 
    inspection certificate, as the case may be, expires on the 
    last day of the third month following the month assigned by 
    the Agency for the first inspection of the vehicle. A 
    renewal inspection sticker or certificate expires on the 
    last day of the third month following the month assigned 
    for inspection in the year in which the vehicle's next 
    inspection is required.
        The Agency or its agent may issue an interim emission 
    inspection sticker or certificate for any vehicle subject 
    to inspection that does not have a currently valid emission 
    inspection sticker or certificate at the time the Agency is 
    notified by the Secretary of State of its registration by a 
    new owner, and for which an initial emission inspection 
    sticker or certificate has already been issued. An interim 
    emission inspection sticker or certificate expires no 
    later than the last day of the sixth complete calendar 
    month after the date the Agency issued the interim emission 
    inspection sticker or certificate.
        The owner of each vehicle subject to inspection shall 
    obtain an emission inspection sticker or certificate for 
    the vehicle in accordance with this paragraph (1). Before 
    the expiration of the emission inspection sticker or 
    certificate, the owner shall have the vehicle inspected 
    and, upon demonstration of compliance, obtain a renewal 
    emission inspection sticker or certificate. A renewal 
    emission inspection sticker or certificate shall not be 
    issued more than 5 months before the expiration date of the 
    previous inspection sticker or certificate.
        (2) Except as provided in paragraph (a)(3), vehicles 
    shall be inspected every 2 years on a schedule that begins 
    either in the second, fourth, or later calendar year after 
    the vehicle model year. The beginning test schedule shall 
    be set by the Agency and shall be consistent with the 
    State's requirements for emission reductions as determined 
    by the applicable United States Environmental Protection 
    Agency vehicle emissions estimation model and applicable 
    guidance and rules.
        (3) A vehicle may be inspected at a time outside of its 
    normal 2-year inspection schedule, if (i)  the vehicle was 
    acquired by a new owner and (ii) the vehicle was required 
    to be in compliance with this Act at the time the vehicle 
    was acquired by the new owner, but it was not then in 
    compliance.
        (4) The owner of a vehicle subject to inspection shall 
    have the vehicle inspected and shall obtain and display on 
    the vehicle or carry within the vehicle, in a manner 
    specified by the Agency, a valid unexpired emission 
    inspection sticker or certificate in the manner specified 
    by the Agency.   A person who violates this paragraph (4) is 
    guilty of a petty offense, except that a third or 
    subsequent violation within one year of the first violation 
    is a Class C misdemeanor. The fine imposed for a violation 
    of this paragraph (4) shall be not less than $50 if the 
    violation occurred within 60 days following the date by 
    which a new or renewal emission inspection sticker or 
    certificate was required to be obtained for the vehicle, 
    and not less than $300 if the violation occurred more than 
    60 days after that date.
        (5) For a $20 fee, to be paid into the Vehicle 
    Inspection Fund, the Agency may inspect:
            (A) A vehicle registered in and subject to the 
        emission inspections requirements of another state.
            (B) A vehicle presented for inspection on a 
        voluntary basis.
        Any fees collected under this paragraph (5)

shall not 
    offset Motor Fuel Tax Funds normally appropriated for the 
    program.
        (6) The following vehicles are not subject to 
    inspection:
            (A) Vehicles not subject to registration under 
        Article IV of Chapter 3 of this Code, other than 
        vehicles owned by the federal government.
            (B) Motorcycles, motor driven cycles, and 
        motorized pedalcycles.
            (C) Farm vehicles and implements of husbandry.
            (D) Implements of warfare owned by the State or 
        federal government.
            (E) Antique  vehicles, custom vehicles, street 
        rods, and vehicles of model year 1967 or before.
            (F) Vehicles operated exclusively for parade or 
        ceremonial purposes by any veterans, fraternal, or 
        civic organization, organized on a not-for-profit 
        basis.
            (G) Vehicles for  which the Secretary of State, 
        under Section 3-117 of this Code, has issued a Junking 
        Certificate.
            (H) Diesel powered vehicles and vehicles that are 
        powered exclusively by electricity.
            (I) Vehicles operated exclusively in organized 
        amateur or professional sporting activities, as 
        defined in Section 3.310 of the Environmental 
        Protection Act.
            (J) Vehicles registered in, subject to, and in 
        compliance with the emission inspection requirements 
        of another state.
            (K) Vehicles participating in an OBD continuous 
        monitoring program operated in accordance with 
        procedures adopted by the Agency.
            (L) Vehicles of model year 1995 or earlier that do 
        not have an expired emissions test sticker or 
        certificate on February 1, 2007.
        The Agency may issue temporary or permanent exemption 
    stickers or certificates for vehicles temporarily or 
    permanently exempt from inspection under this paragraph 
    (6). An exemption sticker or certificate does not need to 
    be displayed.
        (7) According to criteria that the Agency may adopt, a 
    motor vehicle may be exempted from the inspection 
    requirements of this Section by the Agency on the basis of 
    an Agency determination that the vehicle is located and 
    primarily used outside of the affected counties or in other 
    jurisdictions where vehicle emission inspections are not 
    required.  The Agency may issue an annual exemption sticker 
    or certificate without inspection for any vehicle exempted 
    from inspection under this paragraph (7).
        (8) Any owner or lessee of a fleet of 15 or more motor 
    vehicles that are subject to inspection under this Section 
    may apply to the Agency for a permit to establish and 
    operate a private official inspection station in 
    accordance with rules adopted by the Agency.
        (9) Pursuant to Title 40, Section 51.371 of the Code of 
    Federal Regulations, the Agency may establish a program of 
    on-road testing of in-use vehicles through the use of 
    remote sensing devices.  In any such program, the Agency 
    shall evaluate the emission performance of 0.5% of the 
    subject fleet or 20,000 vehicles, whichever is less.  Under 
    no circumstances shall on-road testing include any sort of 
    roadblock or roadside pullover or cause any type of traffic 
    delay.  If, during the course of an on-road inspection, a 
    vehicle is found to exceed the on-road emissions standards 
    established for the model year and type of vehicle, the 
    Agency shall send a notice to the vehicle owner.  The notice 
    shall document the occurrence and the results of the 
    on-road exceedance.  The notice of a second on-road 
    exceedance shall indicate that the vehicle has been 
    reassigned and is subject to an out-of-cycle follow-up 
    inspection at an official inspection station.  In no case 
    shall the Agency send a notice of an on-road exceedance to 
    the owner of a vehicle that was found to exceed the on-road 
    emission standards established for the model year and type 
    of vehicle, if the vehicle is registered outside of the 
    affected counties.

    (b) Registration Denial Inspection and Notification.
        (1) No later than January 1, 2008, every motor vehicle 
    that is owned by a resident of an affected county, other 
    than a vehicle that is exempt under paragraph (b)(8) or 
    (b)(9), is subject to inspection under the program.
        The owner of a vehicle subject to inspection shall have 
    the vehicle inspected and obtain proof of compliance from 
    the Agency in order to obtain or renew a vehicle 
    registration for a subject vehicle.
        The Secretary of State shall notify the owner of a 
    vehicle subject to inspection of the requirement to have 
    the vehicle tested at least 30 days prior to the beginning 
    of the month in which the vehicle's registration is due to 
    expire.  Notwithstanding the preceding, vehicles with 
    permanent registration plates shall be notified at least 30 
    days prior to the month corresponding to the date the 
    vehicle was originally registered. This notification shall 
    clearly state the vehicle's test status, based upon the 
    vehicle type, model year and registration address.
        The owner of each vehicle subject to inspection shall 
    have the vehicle inspected and, upon demonstration of 
    compliance, obtain an emissions compliance certificate for 
    the vehicle.
        (2) Except as provided in paragraphs (b)(3), (b)(4), 
    and (b)(5), vehicles shall be inspected every 2 years on a 
    schedule that begins in the fourth calendar year after the 
    vehicle model year. Even model year vehicles shall be 
    inspected and comply in order to renew registrations 
    expiring in even calendar years and odd model year vehicles 
    shall be inspected and comply in order to renew 
    registrations expiring in odd calendar years.
        (3) A vehicle shall be inspected and comply at a time 
    outside of its normal 2-year inspection schedule if (i) the 
    vehicle was acquired by a new owner and (ii) the vehicle 
    had not been issued a Compliance Certificate within one 
    year of the date of application for the title or 
    registration, or both, for the vehicle.
        (4) Vehicles with 2-year registrations shall be 
    inspected every 2 years at the time of registration 
    issuance or renewal on a schedule that begins in the fourth 
    year after the vehicle model year.
        (5) Vehicles with permanent vehicle registration 
    plates shall be inspected every 2 years on a schedule that 
    begins in the fourth calendar year after the vehicle model 
    year in the month corresponding to the date the vehicle was 
    originally registered.  Even model year vehicles shall be 
    inspected and comply in even calendar years, and odd model 
    year vehicles shall be inspected and comply in odd calendar 
    years.
        (6) The Agency and the Secretary of State shall 
    endeavor to ensure a smooth transition from test scheduling 
    from the provisions of subsection (a) to subsection (b).  
    Passing tests and waivers issued prior to the 
    implementation of this subsection (b) may be utilized to 
    establish compliance for a period of one year from the date 
    of the emissions or waiver inspection.
        (7) For a $20 fee, to be paid into the Vehicle 
    Inspection Fund, the Agency may inspect:
            (A) A vehicle registered in and subject to the 
        emissions inspections requirements of another state.
            (B) A vehicle presented for inspection on a 
        voluntary basis.
        Any fees collected under this paragraph (7) shall not 
    offset Motor Fuel Tax Funds normally appropriated for the 
    program.
        (8) The following vehicles are not subject to 
    inspection:
            (A) Vehicles not subject to registration under 
        Article IV of Chapter 3 of this Code, other than 
        vehicles owned by the federal government.
            (B) Motorcycles, motor driven cycles, and 
        motorized pedalcycles.
            (C) Farm vehicles and implements of husbandry.
            (D) Implements of warfare owned by the State or 
        federal government.
            (E) Antique vehicles, custom vehicles, street 
        rods, and vehicles of model year 1967 or before.
            (F) Vehicles operated exclusively for parade or 
        ceremonial purposes by any veterans, fraternal, or 
        civic organization, organized on a not-for-profit 
        basis.
            (G) Vehicles for which the Secretary of State, 
        under Section 3-117 of this Code, has issued a Junking 
        Certificate.
            (H) Diesel powered vehicles and vehicles that are 
        powered exclusively by electricity.
            (I) Vehicles operated exclusively in organized 
        amateur or professional sporting activities, as 
        defined in Section 3.310 of the Environmental 
        Protection Act.
            (J) Vehicles registered in, subject to, and in 
        compliance with the emission inspection requirements 
        of another state.
            (K) Vehicles participating in an OBD continuous 
        monitoring program operated in accordance with 
        procedures adopted by the Agency.
            (L) Vehicles of model year 1995 or earlier that do 
        not have an expired emissions test sticker or 
        certificate on February 1, 2007.
            (M) Vehicles of model year 2006 or earlier with a 
        manufacturer gross vehicle weight rating between 8,501 
        and 14,000 pounds.
            (N) Vehicles with a manufacturer gross vehicle 
        weight rating greater than 14,000 pounds. 
        The Agency may issue temporary or permanent exemption 
    certificates for vehicles temporarily or permanently 
    exempt from inspection under this paragraph (8). An 
    exemption sticker or certificate does not need to be 
    displayed.
        (9) According to criteria that the Agency may adopt, a 
    motor vehicle may be exempted from the inspection 
    requirements of this Section by the Agency on the basis of 
    an Agency determination that the vehicle is located and 
    primarily used outside of the affected counties and or in 
    other jurisdictions where vehicle emissions inspections 
    are not required. The Agency may issue an annual exemption 
    certificate without inspection for any vehicle exempted 
    from inspection under this paragraph (9).
        (10) Any owner or lessee of a fleet of 15 or more motor 
    vehicles that are subject to inspection under this Section 
    may apply to the Agency for a permit to establish and 
    operate a private official inspection station in 
    accordance with rules adopted by the Agency.
        (11) Pursuant to Title 40, Section 51.371 of the Code 
    of Federal Regulations, the Agency may establish a program 
    of  on-road testing of in-use vehicles through the use of 
    remote sensing devices. In any such program, the Agency 
    shall evaluate the emission performance of 0.5% of the 
    subject fleet or 20,000 vehicles, whichever is less. Under 
    no circumstances shall on-road testing include any sort of 
    roadblock or roadside pullover or cause any type of traffic 
    delay. If, during the course of an on-road inspection, a 
    vehicle is found to exceed the on-road emissions standards 
    established for the model year and type of vehicle, the 
    Agency shall send a notice to the vehicle owner. The notice 
    shall document the occurrence and the results of the 
    on-road exceedance. The notice of a second on-road 
    exceedance shall indicate that the vehicle has been 
    reassigned and is subject to an out-of-cycle follow-up 
    inspection at an official inspection station. In no case 
    shall the Agency send a notice of an on-road exceedance to 
    the owner of a vehicle that was found to exceed the on-road 
    emissions standards established for the model year and type 
    of vehicle, if the vehicle is registered outside of the 
    affected counties.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 
    (625 ILCS 5/13C-25)
    Sec. 13C-25. Performance of inspections.
    (a) Except as provided in subsection (b), the inspection of 
vehicles required under this Chapter shall be performed only: 
(i) by inspectors who have been certified by the Agency after 
successfully completing a course of training and successfully 
passing a written test; (ii) at official inspection stations, 
including on-road inspection sites established under this 
Chapter; and (iii) with equipment that has been approved by the 
Agency for these inspections.
    (b) The requirements of subdivisions (a)(i) and (a)(ii) of 
this Section do not preclude the performance of inspections (1) 
at self-service official inspection stations, (2) using 
Agency-approved wireless communication interfaces, and (3) 
using systems designed to perform remote on-board diagnostic 
inspections.
    (c) Except as provided in subsection (h) (d), the 
inspection shall consist of an on-board diagnostic system test.  
The owner of the vehicle or the owner's agent shall be entitled 
to an emission inspection certificate issued by the Agency only 
if all required tests are passed at the time of the inspection.
    (d) (Blank). A steady-state idle exhaust gas analysis and 
the evaporative system integrity test may be substituted for 
the on-board diagnostic system test in the following cases:
        (1) On any heavy duty vehicle with a manufacturer gross 
    vehicle weight rating in excess of 8,500 pounds not 
    equipped at the time of manufacture with an on-board 
    diagnostic system meeting federal OBD-II specifications.
        (2) On any vehicle for which on-board diagnostic 
    testing is not possible due to the vehicle's originally 
    certified design or its design as modified in accordance 
    with federal law and regulations, and on any vehicle with 
    known on-board diagnostic communications or software 
    problems, as determined by the Agency.
    (e) (Blank). The exhaust gas analysis shall consist of a 
test of an exhaust gas sample to determine whether the 
quantities of exhaust gas pollutants emitted by the vehicle 
meet the standards set for vehicles of that type under Section 
13C-20.  A vehicle shall be deemed to have passed this portion 
of the inspection if the evaluation of the exhaust gas sample 
indicates that the quantities of exhaust gas pollutants emitted 
by the vehicle do not exceed the standards set for vehicles of 
that type under Section 13C-20 or an inspector certifies that 
the vehicle qualifies for a waiver of the exhaust gas pollutant 
standards under Section 13C-30.
    (f) (Blank). The evaporative system integrity test shall 
consist of a procedure to determine if leaks exist in all or a 
portion of the vehicle fuel evaporation emission control 
system. A vehicle shall be deemed to have passed this test if 
it meets the criteria that the Board may adopt for an 
evaporative system integrity test.
    (g) The on-board diagnostic system test shall consist of 
accessing the vehicle's on-board computer system, determining 
the vehicle's readiness status and MIL malfunction indicator 
lamp status, and retrieving any stored diagnostic codes that 
may be present. The vehicle shall be deemed to have passed this 
test if the vehicle readiness status indicates that the 
vehicle's OBD system has completed all required system and 
component checks, the MIL malfunction indicator lamp status is 
appropriate, and the diagnostic codes retrieved  do not exceed 
standards set for vehicles of that type under Section 13C-20.

    (h) A visual inspection test of the MIL may be substituted 
for the on-board diagnostic system test on any vehicle for 
which on-board diagnostic testing is not possible due to the 
vehicle's originally certified design or its design as modified 
in accordance with federal law and regulations, and on any 
vehicle with known on-board diagnostic communications or 
software problems, as determined by the Agency. The visual 
inspection test shall consist of verifying the status of the 
MIL in the key-on/engine off position and the key-on/engine on 
position. The vehicle shall be deemed to have passed this test 
if the MIL illuminates briefly during the key-on/engine off 
position and does not illuminate during the key-on/engine on 
position.
(Source: P.A. 94-526, eff. 1-1-06.)
 
 
    Section 99. Effective date. This Act takes effect February 
1, 2012.