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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 13-109 as follows:
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6 | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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7 | Sec. 13-109. Safety test prior to application for
license - | |||||||||||||||||||
8 | Subsequent tests - Repairs - Retest. | |||||||||||||||||||
9 | (a) Except as otherwise provided in Chapter 13, each second | |||||||||||||||||||
10 | division
vehicle, first division vehicle including a taxi which | |||||||||||||||||||
11 | is used for a purpose that requires a school bus driver permit, | |||||||||||||||||||
12 | and medical transport vehicle, except those vehicles other than
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13 | school buses or medical transport vehicles owned or operated by | |||||||||||||||||||
14 | a municipal
corporation or political subdivision having a | |||||||||||||||||||
15 | population of 1,000,000 or
more inhabitants which are subjected | |||||||||||||||||||
16 | to safety tests imposed by local
ordinance or resolution, | |||||||||||||||||||
17 | operated in whole or in part over the highways
of this State, | |||||||||||||||||||
18 | motor vehicle used for driver education training, and each | |||||||||||||||||||
19 | vehicle designed to carry 15 or fewer passengers
operated by a | |||||||||||||||||||
20 | contract carrier transporting employees in the course of
their | |||||||||||||||||||
21 | employment
on a highway of this State, shall be subjected to | |||||||||||||||||||
22 | the safety
test provided for in Chapter
13 of this Code. Tests | |||||||||||||||||||
23 | shall be conducted at an official testing station
within 6 |
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1 | months prior to the application for registration as provided
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2 | for in this Code. Subsequently each vehicle shall be subject to | ||||||
3 | tests (i) at
least every 12 6 months, (ii) in the case of | ||||||
4 | school buses and first division vehicles including taxis which | ||||||
5 | are used for a purpose that requires a school bus driver | ||||||
6 | permit, at least every 12 6
months or 10,000 miles, whichever | ||||||
7 | occurs first, or (iii) in the case of driver education vehicles | ||||||
8 | used by public high schools, at least every 12 months for | ||||||
9 | vehicles over 5 model years of age or having an odometer | ||||||
10 | reading of over 75,000 miles, whichever occurs first, and | ||||||
11 | according to
schedules established by rules and regulations | ||||||
12 | promulgated by the
Department. Any component subject to regular | ||||||
13 | inspection which is
damaged in a reportable accident must be | ||||||
14 | reinspected before the bus or first division vehicle including | ||||||
15 | a taxi which is used for a purpose that requires a school bus | ||||||
16 | driver permit is
returned to service.
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17 | (b) The Department shall also conduct periodic | ||||||
18 | nonscheduled inspections
of school buses, of buses registered | ||||||
19 | as charitable vehicles and of
religious organization buses. If | ||||||
20 | such inspection reveals that a vehicle is
not in substantial | ||||||
21 | compliance with the rules promulgated by the Department,
the | ||||||
22 | Department shall remove the Certificate of Safety from the | ||||||
23 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
24 | orange, triangular decal
shall be placed on an out-of-service | ||||||
25 | vehicle where the Certificate of
Safety has been removed. The | ||||||
26 | vehicle must pass a safety test at an
official testing station |
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1 | before it is again placed in service.
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2 | (c) If the violation is not substantial a bright yellow, | ||||||
3 | triangular
sticker shall be placed next to the Certificate of | ||||||
4 | Safety at the time the
nonscheduled inspection is made. The | ||||||
5 | Department shall reinspect the
vehicle after 3 working days to | ||||||
6 | determine that the violation has been
corrected and remove the | ||||||
7 | yellow, triangular decal. If the violation is not
corrected | ||||||
8 | within 3 working days, the Department shall place the vehicle
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9 | out-of-service in accordance with procedures in subsection | ||||||
10 | (b).
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11 | (d) If a violation is not substantial and does not directly | ||||||
12 | affect the
safe operation of the vehicle, the Department shall | ||||||
13 | issue a warning notice
requiring correction of the violation. | ||||||
14 | Such correction shall be
accomplished as soon as practicable | ||||||
15 | and a report of the correction shall be
made to the Department | ||||||
16 | within 30 days in a manner established by the
Department. If | ||||||
17 | the Department has not been advised that the corrections
have | ||||||
18 | been made, and the violations still exist, the Department shall | ||||||
19 | place
the vehicle out-of-service in accordance with procedures | ||||||
20 | in subsection
(b).
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21 | (e) The Department is authorized to promulgate regulations | ||||||
22 | to implement its
program of nonscheduled inspections. Causing | ||||||
23 | or allowing the operation of
an out-of-service vehicle with | ||||||
24 | passengers or unauthorized removal of an
out-of-service | ||||||
25 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
26 | of a vehicle with a 3-day sticker for longer than 3 days with |
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1 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
2 | sticker is a Class C
misdemeanor.
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3 | (f) If a second division vehicle, first division vehicle | ||||||
4 | including a taxi which is used for a purpose that requires a | ||||||
5 | school bus driver permit, medical transport vehicle, or
vehicle | ||||||
6 | operated by a contract carrier as provided in subsection (a) of | ||||||
7 | this
Section is in safe
mechanical condition, as determined | ||||||
8 | pursuant to Chapter 13, the operator of
the official testing | ||||||
9 | station must at once issue to the second division
vehicle, | ||||||
10 | first division vehicle including a taxi which is used for a | ||||||
11 | purpose that requires a school bus driver permit, or medical | ||||||
12 | transport vehicle a certificate of safety, in the form
and | ||||||
13 | manner prescribed by the Department, which shall be affixed to | ||||||
14 | the
vehicle by the certified safety tester who performed the | ||||||
15 | safety tests. The
owner of the second division vehicle, first | ||||||
16 | division vehicle including a taxi which is used for a purpose | ||||||
17 | that requires a school bus driver permit, or medical transport | ||||||
18 | vehicle or the
contract carrier shall at
all times display the | ||||||
19 | Certificate of Safety on the second division vehicle, first | ||||||
20 | division vehicle including a taxi which is used for a purpose | ||||||
21 | that requires a school bus driver permit, medical transport | ||||||
22 | vehicle, or vehicle operated by a contract carrier
in the | ||||||
23 | manner prescribed by the Department.
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24 | (g) If a test shows that a second division vehicle, first | ||||||
25 | division vehicle including a taxi which is used for a purpose | ||||||
26 | that requires a school bus driver permit, medical
transport
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1 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
2 | safe
mechanical condition as provided in this Section, it
shall | ||||||
3 | not be operated on the highways until it has been repaired and
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4 | submitted to a retest at an official testing station. If the | ||||||
5 | owner or
contract carrier submits
the vehicle to a retest at
a
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6 | different official testing station from that where it failed to | ||||||
7 | pass the
first test, he or she shall present to the operator of | ||||||
8 | the second station the
report of the original test, and shall | ||||||
9 | notify the Department in writing,
giving the name and address | ||||||
10 | of the original testing station and the defects
which prevented | ||||||
11 | the issuance of a Certificate of Safety, and the name and
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12 | address of the second official testing station making the | ||||||
13 | retest.
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14 | (Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
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