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| 1 | | The Agency shall send notice of the assigned |
| 2 | | inspection month, at least 15 days before the beginning of |
| 3 | | the assigned month, to the owner of each vehicle subject |
| 4 | | to the program. An initial emission inspection sticker or |
| 5 | | initial inspection certificate, as the case may be, |
| 6 | | expires on the last day of the third month following the |
| 7 | | month assigned by the Agency for the first inspection of |
| 8 | | the vehicle. A renewal inspection sticker or certificate |
| 9 | | expires on the last day of the third month following the |
| 10 | | month assigned for inspection in the year in which the |
| 11 | | vehicle's next inspection is required. |
| 12 | | The Agency or its agent may issue an interim emission |
| 13 | | inspection sticker or certificate for any vehicle subject |
| 14 | | to inspection that does not have a currently valid |
| 15 | | emission inspection sticker or certificate at the time the |
| 16 | | Agency is notified by the Secretary of State of its |
| 17 | | registration by a new owner, and for which an initial |
| 18 | | emission inspection sticker or certificate has already |
| 19 | | been issued. An interim emission inspection sticker or |
| 20 | | certificate expires no later than the last day of the |
| 21 | | sixth complete calendar month after the date the Agency |
| 22 | | issued the interim emission inspection sticker or |
| 23 | | certificate. |
| 24 | | The owner of each vehicle subject to inspection shall |
| 25 | | obtain an emission inspection sticker or certificate for |
| 26 | | the vehicle in accordance with this paragraph (1). Before |
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| 1 | | the expiration of the emission inspection sticker or |
| 2 | | certificate, the owner shall have the vehicle inspected |
| 3 | | and, upon demonstration of compliance, obtain a renewal |
| 4 | | emission inspection sticker or certificate. A renewal |
| 5 | | emission inspection sticker or certificate shall not be |
| 6 | | issued more than 5 months before the expiration date of |
| 7 | | the previous inspection sticker or certificate. |
| 8 | | (2) Except as provided in paragraph (a)(3), vehicles |
| 9 | | shall be inspected every 2 years on a schedule that begins |
| 10 | | either in the second, fourth, or later calendar year after |
| 11 | | the vehicle model year. The beginning test schedule shall |
| 12 | | be set by the Agency and shall be consistent with the |
| 13 | | State's requirements for emission reductions as determined |
| 14 | | by the applicable United States Environmental Protection |
| 15 | | Agency vehicle emissions estimation model and applicable |
| 16 | | guidance and rules. |
| 17 | | (3) A vehicle may be inspected at a time outside of its |
| 18 | | normal 2-year inspection schedule, if (i) the vehicle was |
| 19 | | acquired by a new owner and (ii) the vehicle was required |
| 20 | | to be in compliance with this Act at the time the vehicle |
| 21 | | was acquired by the new owner, but it was not then in |
| 22 | | compliance. |
| 23 | | (4) The owner of a vehicle subject to inspection shall |
| 24 | | have the vehicle inspected and shall obtain and display on |
| 25 | | the vehicle or carry within the vehicle, in a manner |
| 26 | | specified by the Agency, a valid unexpired emission |
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| 1 | | inspection sticker or certificate in the manner specified |
| 2 | | by the Agency. A person who violates this paragraph (4) is |
| 3 | | guilty of a petty offense, except that a third or |
| 4 | | subsequent violation within one year of the first |
| 5 | | violation is a Class C misdemeanor. The fine imposed for a |
| 6 | | violation of this paragraph (4) shall be not less than $50 |
| 7 | | if the violation occurred within 60 days following the |
| 8 | | date by which a new or renewal emission inspection sticker |
| 9 | | or certificate was required to be obtained for the |
| 10 | | vehicle, and not less than $300 if the violation occurred |
| 11 | | more than 60 days after that date. |
| 12 | | (5) For a $20 fee, to be paid into the Vehicle |
| 13 | | Inspection Fund, the Agency may inspect: |
| 14 | | (A) A vehicle registered in and subject to the |
| 15 | | emission inspections requirements of another state. |
| 16 | | (B) A vehicle presented for inspection on a |
| 17 | | voluntary basis. |
| 18 | | Any fees collected under this paragraph (5) shall not |
| 19 | | offset Motor Fuel Tax Funds normally appropriated for the |
| 20 | | program. |
| 21 | | (6) The following vehicles are not subject to |
| 22 | | inspection: |
| 23 | | (A) Vehicles not subject to registration under |
| 24 | | Article IV of Chapter 3 of this Code, other than |
| 25 | | vehicles owned by the federal government. |
| 26 | | (B) Motorcycles, motor driven cycles, and |
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| 1 | | motorized pedalcycles. |
| 2 | | (C) Farm vehicles and implements of husbandry. |
| 3 | | (D) Implements of warfare owned by the State or |
| 4 | | federal government. |
| 5 | | (E) Antique vehicles, expanded-use antique |
| 6 | | vehicles, custom vehicles, street rods, and vehicles |
| 7 | | of model year 1967 or before. |
| 8 | | (F) Vehicles operated exclusively for parade or |
| 9 | | ceremonial purposes by any veterans, fraternal, or |
| 10 | | civic organization, organized on a not-for-profit |
| 11 | | basis. |
| 12 | | (G) Vehicles for which the Secretary of State, |
| 13 | | under Section 3-117 of this Code, has issued a Junking |
| 14 | | Certificate. |
| 15 | | (H) Diesel powered vehicles and vehicles that are |
| 16 | | powered exclusively by electricity. |
| 17 | | (I) Vehicles operated exclusively in organized |
| 18 | | amateur or professional sporting activities, as |
| 19 | | defined in Section 3.310 of the Environmental |
| 20 | | Protection Act. |
| 21 | | (J) Vehicles registered in, subject to, and in |
| 22 | | compliance with the emission inspection requirements |
| 23 | | of another state. |
| 24 | | (K) Vehicles participating in an OBD continuous |
| 25 | | monitoring program operated in accordance with |
| 26 | | procedures adopted by the Agency. |
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| 1 | | (L) Vehicles of model year 1995 or earlier that do |
| 2 | | not have an expired emissions test sticker or |
| 3 | | certificate on February 1, 2007. |
| 4 | | The Agency may issue temporary or permanent exemption |
| 5 | | stickers or certificates for vehicles temporarily or |
| 6 | | permanently exempt from inspection under this paragraph |
| 7 | | (6). An exemption sticker or certificate does not need to |
| 8 | | be displayed. |
| 9 | | (7) According to criteria that the Agency may adopt, a |
| 10 | | motor vehicle may be exempted from the inspection |
| 11 | | requirements of this Section by the Agency on the basis of |
| 12 | | an Agency determination that the vehicle is located and |
| 13 | | primarily used outside of the affected counties or in |
| 14 | | other jurisdictions where vehicle emission inspections are |
| 15 | | not required. The Agency may issue an annual exemption |
| 16 | | sticker or certificate without inspection for any vehicle |
| 17 | | exempted from inspection under this paragraph (7). |
| 18 | | (8) Any owner or lessee of a fleet of 15 or more motor |
| 19 | | vehicles that are subject to inspection under this Section |
| 20 | | may apply to the Agency for a permit to establish and |
| 21 | | operate a private official inspection station in |
| 22 | | accordance with rules adopted by the Agency. |
| 23 | | (9) Pursuant to Title 40, Section 51.371 of the Code |
| 24 | | of Federal Regulations, the Agency may establish a program |
| 25 | | of on-road testing of in-use vehicles through the use of |
| 26 | | remote sensing devices. In any such program, the Agency |
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| 1 | | shall evaluate the emission performance of 0.5% of the |
| 2 | | subject fleet or 20,000 vehicles, whichever is less. Under |
| 3 | | no circumstances shall on-road testing include any sort of |
| 4 | | roadblock or roadside pullover or cause any type of |
| 5 | | traffic delay. If, during the course of an on-road |
| 6 | | inspection, a vehicle is found to exceed the on-road |
| 7 | | emissions standards established for the model year and |
| 8 | | type of vehicle, the Agency shall send a notice to the |
| 9 | | vehicle owner. The notice shall document the occurrence |
| 10 | | and the results of the on-road exceedance. The notice of a |
| 11 | | second on-road exceedance shall indicate that the vehicle |
| 12 | | has been reassigned and is subject to an out-of-cycle |
| 13 | | follow-up inspection at an official inspection station. In |
| 14 | | no case shall the Agency send a notice of an on-road |
| 15 | | exceedance to the owner of a vehicle that was found to |
| 16 | | exceed the on-road emission standards established for the |
| 17 | | model year and type of vehicle, if the vehicle is |
| 18 | | registered outside of the affected counties. |
| 19 | | (b) Registration Denial Inspection and Notification. |
| 20 | | (1) No later than January 1, 2008, every motor vehicle |
| 21 | | that is owned by a resident of an affected county, other |
| 22 | | than a vehicle that is exempt under paragraph (b)(8) or |
| 23 | | (b)(9), is subject to inspection under the program. |
| 24 | | Until the effective date of this amendatory Act of the |
| 25 | | 104th General Assembly, the The owner of a vehicle subject |
| 26 | | to inspection shall have the vehicle inspected and obtain |
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| 1 | | proof of compliance from the Agency in order to obtain or |
| 2 | | renew a vehicle registration for a subject vehicle. |
| 3 | | However, beginning on the effective date of this |
| 4 | | amendatory Act of the 104th General Assembly, the owner of |
| 5 | | a vehicle subject to inspection may renew a vehicle |
| 6 | | registration first having the vehicle inspected if the |
| 7 | | owner agrees to complete and provide proof of the |
| 8 | | inspection within 6 months of the renewal of the vehicle |
| 9 | | registration. If the owner fails to complete the |
| 10 | | inspection or to provide proof of the inspection within |
| 11 | | the 6-month period, the vehicle registration shall be |
| 12 | | immediately revoked by the Secretary of State. |
| 13 | | The Secretary of State shall notify the owner of a |
| 14 | | vehicle subject to inspection of the requirement to have |
| 15 | | the vehicle tested at least 30 days prior to the beginning |
| 16 | | of the month in which the vehicle's registration is due to |
| 17 | | expire. Notwithstanding the preceding, vehicles with |
| 18 | | permanent registration plates shall be notified at least |
| 19 | | 30 days prior to the month corresponding to the date the |
| 20 | | vehicle was originally registered. This notification shall |
| 21 | | clearly state the vehicle's test status, based upon the |
| 22 | | vehicle type, model year and registration address. |
| 23 | | The owner of each vehicle subject to inspection shall |
| 24 | | have the vehicle inspected and, upon demonstration of |
| 25 | | compliance, obtain an emissions compliance certificate for |
| 26 | | the vehicle. |
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| 1 | | (2) Except as provided in paragraphs (b)(3), (b)(4), |
| 2 | | and (b)(5), vehicles shall be inspected every 2 years on a |
| 3 | | schedule that begins in the fourth calendar year after the |
| 4 | | vehicle model year. Even model year vehicles shall be |
| 5 | | inspected and comply in order to renew registrations |
| 6 | | expiring in even calendar years and odd model year |
| 7 | | vehicles shall be inspected and comply in order to renew |
| 8 | | registrations expiring in odd calendar years. |
| 9 | | (3) A vehicle shall be inspected and comply at a time |
| 10 | | outside of its normal 2-year inspection schedule if (i) |
| 11 | | the vehicle was acquired by a new owner and (ii) the |
| 12 | | vehicle had not been issued a Compliance Certificate |
| 13 | | within one year of the date of application for the title or |
| 14 | | registration, or both, for the vehicle. |
| 15 | | (4) Vehicles with 2-year registrations shall be |
| 16 | | inspected every 2 years at the time of registration |
| 17 | | issuance or renewal on a schedule that begins in the |
| 18 | | fourth year after the vehicle model year. |
| 19 | | (5) Vehicles with permanent vehicle registration |
| 20 | | plates shall be inspected every 2 years on a schedule that |
| 21 | | begins in the fourth calendar year after the vehicle model |
| 22 | | year in the month corresponding to the date the vehicle |
| 23 | | was originally registered. Even model year vehicles shall |
| 24 | | be inspected and comply in even calendar years, and odd |
| 25 | | model year vehicles shall be inspected and comply in odd |
| 26 | | calendar years. |
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| 1 | | (6) The Agency and the Secretary of State shall |
| 2 | | endeavor to ensure a smooth transition from test |
| 3 | | scheduling from the provisions of subsection (a) to |
| 4 | | subsection (b). Passing tests and waivers issued prior to |
| 5 | | the implementation of this subsection (b) may be utilized |
| 6 | | to establish compliance for a period of one year from the |
| 7 | | date of the emissions or waiver inspection. |
| 8 | | (7) For a $20 fee, to be paid into the Vehicle |
| 9 | | Inspection Fund, the Agency may inspect: |
| 10 | | (A) A vehicle registered in and subject to the |
| 11 | | emissions inspections requirements of another state. |
| 12 | | (B) A vehicle presented for inspection on a |
| 13 | | voluntary basis. |
| 14 | | Any fees collected under this paragraph (7) shall not |
| 15 | | offset Motor Fuel Tax Funds normally appropriated for the |
| 16 | | program. |
| 17 | | (8) The following vehicles are not subject to |
| 18 | | inspection: |
| 19 | | (A) Vehicles not subject to registration under |
| 20 | | Article IV of Chapter 3 of this Code, other than |
| 21 | | vehicles owned by the federal government. |
| 22 | | (B) Motorcycles, motor driven cycles, and |
| 23 | | motorized pedalcycles. |
| 24 | | (C) Farm vehicles and implements of husbandry. |
| 25 | | (D) Implements of warfare owned by the State or |
| 26 | | federal government. |
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| 1 | | (E) Antique vehicles, expanded-use antique |
| 2 | | vehicles, custom vehicles, street rods, and vehicles |
| 3 | | of model year 1967 or before. |
| 4 | | (F) Vehicles operated exclusively for parade or |
| 5 | | ceremonial purposes by any veterans, fraternal, or |
| 6 | | civic organization, organized on a not-for-profit |
| 7 | | basis. |
| 8 | | (G) Vehicles for which the Secretary of State, |
| 9 | | under Section 3-117 of this Code, has issued a Junking |
| 10 | | Certificate. |
| 11 | | (H) Diesel powered vehicles and vehicles that are |
| 12 | | powered exclusively by electricity. |
| 13 | | (I) Vehicles operated exclusively in organized |
| 14 | | amateur or professional sporting activities, as |
| 15 | | defined in Section 3.310 of the Environmental |
| 16 | | Protection Act. |
| 17 | | (J) Vehicles registered in, subject to, and in |
| 18 | | compliance with the emission inspection requirements |
| 19 | | of another state. |
| 20 | | (K) Vehicles participating in an OBD continuous |
| 21 | | monitoring program operated in accordance with |
| 22 | | procedures adopted by the Agency. |
| 23 | | (L) Vehicles of model year 1995 or earlier that do |
| 24 | | not have an expired emissions test sticker or |
| 25 | | certificate on February 1, 2007. |
| 26 | | (M) Vehicles of model year 2006 or earlier with a |
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| 1 | | manufacturer gross vehicle weight rating between 8,501 |
| 2 | | and 14,000 pounds. |
| 3 | | (N) Vehicles with a manufacturer gross vehicle |
| 4 | | weight rating greater than 14,000 pounds. |
| 5 | | The Agency may issue temporary or permanent exemption |
| 6 | | certificates for vehicles temporarily or permanently |
| 7 | | exempt from inspection under this paragraph (8). An |
| 8 | | exemption sticker or certificate does not need to be |
| 9 | | displayed. |
| 10 | | (9) According to criteria that the Agency may adopt, a |
| 11 | | motor vehicle may be exempted from the inspection |
| 12 | | requirements of this Section by the Agency on the basis of |
| 13 | | an Agency determination that the vehicle is located and |
| 14 | | primarily used outside of the affected counties and in |
| 15 | | other jurisdictions where vehicle emissions inspections |
| 16 | | are not required. The Agency may issue an annual exemption |
| 17 | | certificate without inspection for any vehicle exempted |
| 18 | | from inspection under this paragraph (9). |
| 19 | | (10) Any owner or lessee of a fleet of 15 or more motor |
| 20 | | vehicles that are subject to inspection under this Section |
| 21 | | may apply to the Agency for a permit to establish and |
| 22 | | operate a private official inspection station in |
| 23 | | accordance with rules adopted by the Agency. |
| 24 | | (11) Pursuant to Title 40, Section 51.371 of the Code |
| 25 | | of Federal Regulations, the Agency may establish a program |
| 26 | | of on-road testing of in-use vehicles through the use of |
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| 1 | | remote sensing devices. In any such program, the Agency |
| 2 | | shall evaluate the emission performance of 0.5% of the |
| 3 | | subject fleet or 20,000 vehicles, whichever is less. Under |
| 4 | | no circumstances shall on-road testing include any sort of |
| 5 | | roadblock or roadside pullover or cause any type of |
| 6 | | traffic delay. If, during the course of an on-road |
| 7 | | inspection, a vehicle is found to exceed the on-road |
| 8 | | emissions standards established for the model year and |
| 9 | | type of vehicle, the Agency shall send a notice to the |
| 10 | | vehicle owner. The notice shall document the occurrence |
| 11 | | and the results of the on-road exceedance. The notice of a |
| 12 | | second on-road exceedance shall indicate that the vehicle |
| 13 | | has been reassigned and is subject to an out-of-cycle |
| 14 | | follow-up inspection at an official inspection station. In |
| 15 | | no case shall the Agency send a notice of an on-road |
| 16 | | exceedance to the owner of a vehicle that was found to |
| 17 | | exceed the on-road emissions standards established for the |
| 18 | | model year and type of vehicle, if the vehicle is |
| 19 | | registered outside of the affected counties. |
| 20 | | (Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; |
| 21 | | 97-813, eff. 7-13-12.)". |