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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 6 months, (ii) in the case of school |
4 | | buses and first division vehicles including taxis which are |
5 | | used for a purpose that requires a school bus driver permit, at |
6 | | least every 6
months or 10,000 miles, whichever occurs first, |
7 | | or (iii) in the case of driver education vehicles used by |
8 | | public high schools, at least every 12 months for vehicles over |
9 | | 5 model years of age or having an odometer reading of over |
10 | | 75,000 miles, whichever occurs first, or (iv) in the case of |
11 | | truck tractors in combination with a semitrailer, at least |
12 | | every 12 months, and according to
schedules established by |
13 | | rules and regulations promulgated by the
Department. Any |
14 | | component subject to regular inspection which is
damaged in a |
15 | | reportable accident must be reinspected before the bus or first |
16 | | division vehicle including a taxi which is used for a purpose |
17 | | that requires a school bus driver permit is
returned to |
18 | | service.
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19 | | (b) The Department shall also conduct periodic |
20 | | nonscheduled inspections
of school buses, of buses registered |
21 | | as charitable vehicles and of
religious organization buses. If |
22 | | such inspection reveals that a vehicle is
not in substantial |
23 | | compliance with the rules promulgated by the Department,
the |
24 | | Department shall remove the Certificate of Safety from the |
25 | | vehicle, and
shall place the vehicle out-of-service. A bright |
26 | | orange, triangular decal
shall be placed on an out-of-service |
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1 | | vehicle where the Certificate of
Safety has been removed. The |
2 | | vehicle must pass a safety test at an
official testing station |
3 | | before it is again placed in service.
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4 | | (c) If the violation is not substantial a bright yellow, |
5 | | triangular
sticker shall be placed next to the Certificate of |
6 | | Safety at the time the
nonscheduled inspection is made. The |
7 | | Department shall reinspect the
vehicle after 3 working days to |
8 | | determine that the violation has been
corrected and remove the |
9 | | yellow, triangular decal. If the violation is not
corrected |
10 | | within 3 working days, the Department shall place the vehicle
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11 | | out-of-service in accordance with procedures in subsection |
12 | | (b).
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13 | | (d) If a violation is not substantial and does not directly |
14 | | affect the
safe operation of the vehicle, the Department shall |
15 | | issue a warning notice
requiring correction of the violation. |
16 | | Such correction shall be
accomplished as soon as practicable |
17 | | and a report of the correction shall be
made to the Department |
18 | | within 30 days in a manner established by the
Department. If |
19 | | the Department has not been advised that the corrections
have |
20 | | been made, and the violations still exist, the Department shall |
21 | | place
the vehicle out-of-service in accordance with procedures |
22 | | in subsection
(b).
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23 | | (e) The Department is authorized to promulgate regulations |
24 | | to implement its
program of nonscheduled inspections. Causing |
25 | | or allowing the operation of
an out-of-service vehicle with |
26 | | passengers or unauthorized removal of an
out-of-service |
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1 | | sticker is a Class 3 felony. Causing or allowing the
operation |
2 | | of a vehicle with a 3-day sticker for longer than 3 days with |
3 | | the
sticker attached or the unauthorized removal of a 3-day |
4 | | sticker is a Class C
misdemeanor.
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5 | | (f) If a second division vehicle, first division vehicle |
6 | | including a taxi which is used for a purpose that requires a |
7 | | school bus driver permit, medical transport vehicle, or
vehicle |
8 | | operated by a contract carrier as provided in subsection (a) of |
9 | | this
Section is in safe
mechanical condition, as determined |
10 | | pursuant to Chapter 13, the operator of
the official testing |
11 | | station must at once issue to the second division
vehicle, |
12 | | first division vehicle including a taxi which is used for a |
13 | | purpose that requires a school bus driver permit, or medical |
14 | | transport vehicle a certificate of safety, in the form
and |
15 | | manner prescribed by the Department, which shall be affixed to |
16 | | the
vehicle by the certified safety tester who performed the |
17 | | safety tests. The
owner of the second division vehicle, first |
18 | | division vehicle including a taxi which is used for a purpose |
19 | | that requires a school bus driver permit, or medical transport |
20 | | vehicle or the
contract carrier shall at
all times display the |
21 | | Certificate of Safety on the second division vehicle, first |
22 | | division vehicle including a taxi which is used for a purpose |
23 | | that requires a school bus driver permit, medical transport |
24 | | vehicle, or vehicle operated by a contract carrier
in the |
25 | | manner prescribed by the Department.
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26 | | (g) If a test shows that a second division vehicle, first |
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1 | | division vehicle including a taxi which is used for a purpose |
2 | | that requires a school bus driver permit, medical
transport
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3 | | vehicle, or vehicle operated by a contract carrier is not in |
4 | | safe
mechanical condition as provided in this Section, it
shall |
5 | | not be operated on the highways until it has been repaired and
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6 | | submitted to a retest at an official testing station. If the |
7 | | owner or
contract carrier submits
the vehicle to a retest at
a
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8 | | different official testing station from that where it failed to |
9 | | pass the
first test, he or she shall present to the operator of |
10 | | the second station the
report of the original test, and shall |
11 | | notify the Department in writing,
giving the name and address |
12 | | of the original testing station and the defects
which prevented |
13 | | the issuance of a Certificate of Safety, and the name and
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14 | | address of the second official testing station making the |
15 | | retest.
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16 | | (Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
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