102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3018

 

Introduced 2/19/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
620 ILCS 15/1  from Ch. 15 1/2, par. 187
620 ILCS 15/7.5 new
625 ILCS 5/1-177.2 new
625 ILCS 5/3-102  from Ch. 95 1/2, par. 3-102
625 ILCS 5/3-405.35 new
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-413  from Ch. 95 1/2, par. 3-413
625 ILCS 5/11-201.5 new
625 ILCS 5/13-101  from Ch. 95 1/2, par. 13-101
625 ILCS 5/13C-15

    Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as any aircraft capable of taking off and landing from a suitable airfield that is also designed to be driven on public roadways as a conveyance. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Aircraft Landing and Taking Off Restriction
5Act is amended by changing Section 1 and by adding Section 7.5
6as follows:
 
7    (620 ILCS 15/1)  (from Ch. 15 1/2, par. 187)
8    Sec. 1. For the purposes of this Act, the term:
9    (a) "public airport" means any airport owned or operated
10by the State of Illinois, or by any municipal corporation or
11political subdivision of this state, which is used or intended
12for use by public, commercial and private aircraft and by
13persons owning, managing, operating or desiring to use,
14inspect or repair any such aircraft or to use any such airport
15for aeronautical purposes.
16    (b) "individual charged with the responsibility of
17grounding aircraft" means a person who is regularly in the
18employ of a public airport in a managerial or operational
19position who has been specifically authorized by the governing
20body of the municipality which owns or operates the public
21airport to exercise the powers conferred by this Act.
22    (c) "roadable aircraft" means any aircraft capable of
23taking off and landing from a suitable airfield which is also

 

 

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1designed to be driven on public roadways as a conveyance.
2(Source: Laws 1957, p. 1294)
 
3    (620 ILCS 15/7.5 new)
4    Sec. 7.5. Roadable aircraft. All roadable aircraft shall
5be required to take off and land from a suitable airstrip and
6shall be prohibited from taking off and landing from any
7public roadway unless under conditions of an emergency. All
8roadable aircraft shall be considered motor vehicles while in
9operation on the roadways of the State. The operation of
10roadable aircraft shall be subject to restrictions placed upon
11the use of public roadways by rules adopted by the Department
12of Transportation.
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Sections 3-102, 3-412, 3-413, 13-101, and 13C-15 and
15by adding Sections 1-177.2, 3-405.35, and 11-201.5 as follows:
 
16    (625 ILCS 5/1-177.2 new)
17    Sec. 1-177.2. Roadable aircraft. Any aircraft capable of
18taking off and landing from a suitable airfield that is also
19designed to be driven on public roadways as a conveyance.
 
20    (625 ILCS 5/3-102)  (from Ch. 95 1/2, par. 3-102)
21    Sec. 3-102. Exclusions. No certificate of title need be
22obtained for:

 

 

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1        1. a vehicle owned by the State of Illinois; or a
2    vehicle owned by the United States unless it is registered
3    in this State;
4        2. a vehicle owned by a manufacturer or dealer and
5    held for sale, even though incidentally moved on the
6    highway or used for purposes of testing or demonstration,
7    provided a dealer reassignment area is still available on
8    the manufacturer's certificate of origin or the Illinois
9    title; or a vehicle used by a manufacturer solely for
10    testing;
11        3. a vehicle owned by a non-resident of this State and
12    not required by law to be registered in this State;
13        4. a motor vehicle regularly engaged in the interstate
14    transportation of persons or property for which a
15    currently effective certificate of title has been issued
16    in another State;
17        5. a vehicle moved solely by animal power;
18        6. an implement of husbandry;
19        7. special mobile equipment;
20        8. an apportionable trailer or an apportionable
21    semitrailer registered in the State prior to April 1,
22    1998;
23        9. a manufactured home for which an affidavit of
24    affixation has been recorded pursuant to the Conveyance
25    and Encumbrance of Manufactured Homes as Real Property and
26    Severance Act unless with respect to the same manufactured

 

 

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1    home there has been recorded an affidavit of severance
2    pursuant to that Act; or .
3        10. a roadable aircraft as defined in Section 1-777.2.
4(Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
 
5    (625 ILCS 5/3-405.35 new)
6    Sec. 3-405.35. Application for roadable aircraft.
7    (a) Upon receipt of an application for registration of a
8roadable aircraft and payment of applicable fees, the
9Secretary of State shall issue a certificate of registration
10to the owner of a roadable aircraft if the application is
11accompanied by the following:
12        (i) proof of valid and unexpired aircraft registration
13    issued by the Department; and
14        (ii) a copy of an annual aircraft inspection completed
15    within the 12 calendar months immediately preceding the
16    date of application.
17    (b) Roadable aircraft shall be identified using a
18federally issued tail number and shall not be required to
19display an additional license plate or decal. The Secretary of
20State shall issue a motorcycle-sized license plate to each
21roadable aircraft owner with a license plate number matching
22the federally issued tail number but the display of the
23license plate shall be at the discretion of the roadable
24aircraft owner.
25    (c) The expiration date of a certificate issued pursuant

 

 

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1to this Section shall match the expiration of the aircraft
2registration issued by the Department.
3    (d) The fees for registration of roadable aircraft shall
4be comprised of the following:
5        (1) the fee prescribed by Section 42 of the Illinois
6    Aeronautics Act, payable to the Department under that Act;
7    and
8        (2) for original issuance, $15, which shall be
9    deposited into the Secretary of State Special License
10    Plate Fund; or
11        (3) for each registration renewal period, $2, which
12    shall be deposited into the Secretary of State Special
13    License Plate Fund.
 
14    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
15    Sec. 3-412. Registration plates or digital registration
16plates and registration stickers or digital registration
17stickers to be furnished by the Secretary of State.
18    (a) The Secretary of State upon registering a vehicle
19subject to annual registration for the first time shall issue
20or shall cause to be issued to the owner one registration plate
21or digital registration plate for a motorcycle, trailer,
22semitrailer, moped, autocycle, or truck-tractor, 2
23registration plates, or a digital registration plate and metal
24plate as set forth in Section 3-401.5, for other motor
25vehicles and, where applicable, current registration stickers

 

 

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1or digital registration stickers for motor vehicles of the
2first division. The provisions of this Section may be made
3applicable to such vehicles of the second division, as the
4Secretary of State may, from time to time, in his discretion
5designate. On subsequent annual registrations during the term
6of the registration plate or digital registration plate as
7provided in Section 3-414.1, the Secretary shall issue or
8cause to be issued registration stickers or digital
9registration stickers as evidence of current registration.
10However, the issuance of annual registration stickers or
11digital registration stickers to vehicles registered under the
12provisions of Sections 3-402.1 and 3-405.3 of this Code may
13not be required if the Secretary deems the issuance
14unnecessary.
15    (b) Every registration plate or digital registration plate
16shall have displayed upon it the registration number assigned
17to the vehicle for which it is issued, the name of this State,
18which may be abbreviated, the year number for which it was
19issued, which may be abbreviated, the phrase "Land of Lincoln"
20(except as otherwise provided in this Code), and such other
21letters or numbers as the Secretary may prescribe. However,
22for apportionment plates issued to vehicles registered under
23Section 3-402.1 and fleet plates issued to vehicles registered
24under Section 3-405.3, the phrase "Land of Lincoln" may be
25omitted to allow for the word "apportioned", the word "fleet",
26or other similar language to be displayed. Registration plates

 

 

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1or digital registration plates issued to a vehicle registered
2as a fleet vehicle may display a designation determined by the
3Secretary.
4    The Secretary may in his discretion prescribe that letters
5be used as prefixes only on registration plates or digital
6registration plates issued to vehicles of the first division
7which are registered under this Code and only as suffixes on
8registration plates or digital registration plates issued to
9other vehicles. Every registration sticker or digital
10registration sticker issued as evidence of current
11registration shall designate the year number for which it is
12issued and such other letters or numbers as the Secretary may
13prescribe and shall be of a contrasting color with the
14registration plates or digital registration plates and
15registration stickers or digital registration stickers of the
16previous year.
17    (c) Each registration plate or digital registration plate
18and the required letters and numerals thereon, except the year
19number for which issued, shall be of sufficient size to be
20plainly readable from a distance of 100 feet during daylight,
21and shall be coated with reflectorizing material. The
22dimensions of the plate issued to vehicles of the first
23division shall be 6 by 12 inches.
24    (d) The Secretary of State shall issue for every passenger
25motor vehicle rented without a driver the same type of
26registration plates or digital registration plates as the type

 

 

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1of plates issued for a private passenger vehicle.
2    (e) The Secretary of State shall issue for every passenger
3car used as a taxicab or livery, distinctive registration
4plates or digital registration plates.
5    (f) The Secretary of State shall issue for every
6motorcycle distinctive registration plates or digital
7registration plates distinguishing between motorcycles having
8150 or more cubic centimeters piston displacement, or having
9less than 150 cubic centimeter piston displacement.
10    (g) Registration plates or digital registration plates
11issued to vehicles for-hire may display a designation as
12determined by the Secretary that such vehicles are for-hire.
13    (h) (Blank).
14    (i) The Secretary of State shall issue for every public
15and private ambulance registration plates or digital
16registration plates identifying the vehicle as an ambulance.
17The Secretary shall forward to the Department of Healthcare
18and Family Services registration information for the purpose
19of verification of claims filed with the Department by
20ambulance owners for payment for services to public assistance
21recipients.
22    (j) The Secretary of State shall issue for every public
23and private medical carrier or rescue vehicle livery
24registration plates or digital registration plates displaying
25numbers within ranges of numbers reserved respectively for
26medical carriers and rescue vehicles. The Secretary shall

 

 

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1forward to the Department of Healthcare and Family Services
2registration information for the purpose of verification of
3claims filed with the Department by owners of medical carriers
4or rescue vehicles for payment for services to public
5assistance recipients.
6    (k) The Secretary of State shall issue distinctive license
7plates or digital registration plates or distinctive license
8plate stickers or digital registration stickers for every
9vehicle exempted from subsections (a) and (a-5) of Section
1012-503 by subsection (g) of that Section, and by subsection
11(g-5) of that Section before its deletion by this amendatory
12Act of the 95th General Assembly. The Secretary shall issue
13these plates or stickers immediately upon receiving the
14physician's certification required under subsection (g) of
15Section 12-503. New plates or stickers shall also be issued
16when the certification is renewed as provided in that
17subsection.
18    (l) The Secretary of State shall issue distinctive
19registration plates or digital registration plates for
20low-speed vehicles.
21    (m) The Secretary of State shall issue distinctive
22registration plates or digital registration plates for
23autocycles. The dimensions of the plate issued to autocycles
24shall be 4 by 7 inches.
25    (n) The Secretary of State shall issue distinctive
26registration plates or digital registration plates for

 

 

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1roadable aircraft. The dimensions of the plate issued to
2autocycles shall be 4 by 7 inches. The Secretary shall issue
3one annual registration sticker to the owner of a roadable
4aircraft.
5(Source: P.A. 101-395, eff. 8-16-19.)
 
6    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
7    Sec. 3-413. Display of registration plates or digital
8registration plates, registration stickers or digital
9registration stickers, and drive-away permits; registration
10plate or digital registration plate covers.
11    (a) Registration plates or digital registration plates
12issued for a motor vehicle other than a motorcycle, autocycle,
13trailer, semitrailer, truck-tractor, apportioned bus, or
14apportioned truck shall be attached thereto, one in the front
15and one in the rear. The registration plate or digital
16registration plate issued for a motorcycle, autocycle, trailer
17or semitrailer required to be registered hereunder and any
18apportionment plate issued to a bus under the provisions of
19this Code shall be attached to the rear thereof. The
20registration plate or digital registration plate issued for a
21truck-tractor or an apportioned truck required to be
22registered hereunder shall be attached to the front thereof.
23    (b) Except for vehicles with rear loaded motorized
24forklifts, every registration plate or digital registration
25plate shall at all times be securely fastened in a horizontal

 

 

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1position to the vehicle for which it is issued so as to prevent
2the plate from swinging and at a height of not less than 5
3inches from the ground, measuring from the bottom of such
4plate, in a place and position to be clearly visible and shall
5be maintained in a condition to be clearly legible, free from
6any materials that would obstruct the visibility of the plate.
7A registration plate or digital registration plate on a
8motorcycle may be mounted vertically as long as it is
9otherwise clearly visible. Registration stickers or digital
10registration stickers issued as evidence of renewed annual
11registration shall be attached to registration plates or
12displayed on digital registration plates as required by the
13Secretary of State, and be clearly visible at all times. For
14those vehicles with rear loaded motorized forklifts, if the
15rear plate is securely fastened in a horizontal position as
16prescribed, the plate and registration sticker shall not be
17required to be clearly visible at all times as a result of the
18rear mounted motorized forklift obstructing the view.
19    (b-5) Notwithstanding subsection (b), the display of the
20registration plate for a roadable aircraft is within the
21discretion of the owner of the roadable aircraft. The
22registration sticker for the roadable aircraft shall be
23affixed to the left tail section of the roadable aircraft in a
24visible area.
25    (c) Every drive-away permit issued pursuant to this Code
26shall be firmly attached to the motor vehicle in the manner

 

 

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1prescribed by the Secretary of State. If a drive-away permit
2is affixed to a motor vehicle in any other manner the permit
3shall be void and of no effect.
4    (d) The Illinois prorate decal issued to a foreign
5registered vehicle part of a fleet prorated or apportioned
6with Illinois, shall be displayed on a registration plate or
7digital registration plate and displayed on the front of such
8vehicle in the same manner as an Illinois registration plate
9or digital registration plate.
10    (e) The registration plate or digital registration plate
11issued for a camper body mounted on a truck displaying
12registration plates or digital registration plates shall be
13attached to the rear of the camper body.
14    (f) No person shall operate a vehicle, nor permit the
15operation of a vehicle, upon which is displayed an Illinois
16registration plate or plates or digital registration plate or
17plates or registration stickers or digital registration
18stickers, except as provided for in subsection (b) of Section
193-701 of this Code, after the termination of the registration
20period for which issued or after the expiration date set
21pursuant to Sections 3-414 and 3-414.1 of this Code.
22    (g) A person may not operate any motor vehicle that is
23equipped with registration plate or digital registration plate
24covers. A violation of this subsection (g) or a similar
25provision of a local ordinance is an offense against laws and
26ordinances regulating the movement of traffic.

 

 

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1    (h) A person may not sell or offer for sale a registration
2plate or digital registration plate cover. A violation of this
3subsection (h) is a business offense.
4    (i) A person may not advertise for the purpose of
5promoting the sale of registration plate or digital
6registration plate covers. A violation of this subsection (i)
7is a business offense.
8    (j) A person may not modify the original manufacturer's
9mounting location of the rear registration plate or digital
10registration plate on any vehicle so as to conceal the
11registration or to knowingly cause it to be obstructed in an
12effort to hinder a peace officer from obtaining the
13registration for the enforcement of a violation of this Code,
14Section 27.1 of the Toll Highway Act concerning toll evasion,
15or any municipal ordinance. Modifications prohibited by this
16subsection (j) include but are not limited to the use of an
17electronic device. A violation of this subsection (j) is a
18Class A misdemeanor.
19(Source: P.A. 101-395, eff. 8-16-19.)
 
20    (625 ILCS 5/11-201.5 new)
21    Sec. 11-201.5. Roadable aircraft. A roadable aircraft
22shall be considered a motor vehicle while in operation on the
23roadways of this State. The operation of a roadable aircraft
24shall be subject to restrictions placed upon the use of public
25roadways by rules adopted by the Department of Transportation.
 

 

 

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1    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
2    Sec. 13-101. Submission to safety test; certificate of
3safety. To promote the safety of the general public, every
4owner of a second division vehicle, medical transport vehicle,
5tow truck, first division vehicle including a taxi which is
6used for a purpose that requires a school bus driver permit,
7motor vehicle used for driver education training, or contract
8carrier transporting employees in the course of their
9employment on a highway of this State in a vehicle designed to
10carry 15 or fewer passengers shall, before operating the
11vehicle upon the highways of Illinois, submit it to a "safety
12test" and secure a certificate of safety furnished by the
13Department as set forth in Section 13-109. Each second
14division motor vehicle that pulls or draws a trailer,
15semitrailer or pole trailer, with a gross weight of 10,001 lbs
16or more or is registered for a gross weight of 10,001 lbs or
17more, motor bus, religious organization bus, school bus,
18senior citizen transportation vehicle, and limousine shall be
19subject to inspection by the Department and the Department is
20authorized to establish rules and regulations for the
21implementation of such inspections.
22    The owners of each salvage vehicle shall submit it to a
23"safety test" and secure a certificate of safety furnished by
24the Department prior to its salvage vehicle inspection
25pursuant to Section 3-308 of this Code. In implementing and

 

 

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1enforcing the provisions of this Section, the Department and
2other authorized State agencies shall do so in a manner that is
3not inconsistent with any applicable federal law or regulation
4so that no federal funding or support is jeopardized by the
5enactment or application of these provisions.
6    However, none of the provisions of Chapter 13 requiring
7safety tests or a certificate of safety shall apply to:
8        (a) farm tractors, machinery and implements, wagons,
9    wagon-trailers or like farm vehicles used primarily in
10    agricultural pursuits;
11        (b) vehicles other than school buses, tow trucks and
12    medical transport vehicles owned or operated by a
13    municipal corporation or political subdivision having a
14    population of 1,000,000 or more inhabitants and which are
15    subject to safety tests imposed by local ordinance or
16    resolution;
17        (c) a semitrailer or trailer having a gross weight of
18    5,000 pounds or less including vehicle weight and maximum
19    load;
20        (d) recreational vehicles;
21        (e) vehicles registered as and displaying Illinois
22    antique vehicle plates and vehicles registered as
23    expanded-use antique vehicles and displaying expanded-use
24    antique vehicle plates;
25        (f) house trailers equipped and used for living
26    quarters;

 

 

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1        (g) vehicles registered as and displaying Illinois
2    permanently mounted equipment plates or similar vehicles
3    eligible therefor but registered as governmental vehicles
4    provided that if said vehicle is reclassified from a
5    permanently mounted equipment plate so as to lose the
6    exemption of not requiring a certificate of safety, such
7    vehicle must be safety tested within 30 days of the
8    reclassification;
9        (h) vehicles owned or operated by a manufacturer,
10    dealer or transporter displaying a special plate or plates
11    as described in Chapter 3 of this Code while such vehicle
12    is being delivered from the manufacturing or assembly
13    plant directly to the purchasing dealership or
14    distributor, or being temporarily road driven for quality
15    control testing, or from one dealer or distributor to
16    another, or are being moved by the most direct route from
17    one location to another for the purpose of installing
18    special bodies or equipment, or driven for purposes of
19    demonstration by a prospective buyer with the dealer or
20    his agent present in the cab of the vehicle during the
21    demonstration;
22        (i) pole trailers and auxiliary axles;
23        (j) special mobile equipment;
24        (k) vehicles properly registered in another State
25    pursuant to law and displaying a valid registration plate
26    or digital registration plate, except vehicles of contract

 

 

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1    carriers transporting employees in the course of their
2    employment on a highway of this State in a vehicle
3    designed to carry 15 or fewer passengers are only exempted
4    to the extent that the safety testing requirements
5    applicable to such vehicles in the state of registration
6    are no less stringent than the safety testing requirements
7    applicable to contract carriers that are lawfully
8    registered in Illinois;
9        (l) water-well boring apparatuses or rigs;
10        (m) any vehicle which is owned and operated by the
11    federal government and externally displays evidence of
12    such ownership; and
13        (n) second division vehicles registered for a gross
14    weight of 10,000 pounds or less, except when such second
15    division motor vehicles pull or draw a trailer,
16    semi-trailer or pole trailer having a gross weight of or
17    registered for a gross weight of more than 10,000 pounds;
18    motor buses; religious organization buses; school buses;
19    senior citizen transportation vehicles; medical transport
20    vehicles; tow trucks; and any property carrying vehicles
21    being operated in commerce that are registered for a gross
22    weight of more than 8,000 lbs but less than 10,001 lbs;
23    and .
24        (o) roadable aircraft.
25    The safety test shall include the testing and inspection
26of brakes, lights, horns, reflectors, rear vision mirrors,

 

 

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1mufflers, safety chains, windshields and windshield wipers,
2warning flags and flares, frame, axle, cab and body, or cab or
3body, wheels, steering apparatus, and other safety devices and
4appliances required by this Code and such other safety tests
5as the Department may by rule or regulation require, for
6second division vehicles, school buses, medical transport
7vehicles, tow trucks, first division vehicles including taxis
8which are used for a purpose that requires a school bus driver
9permit, motor vehicles used for driver education training,
10vehicles designed to carry 15 or fewer passengers operated by
11a contract carrier transporting employees in the course of
12their employment on a highway of this State, trailers, and
13semitrailers subject to inspection.
14    For tow trucks, the safety test and inspection shall also
15include the inspection of winch mountings, body panels, body
16mounts, wheel lift swivel points, and sling straps, and other
17tests and inspections the Department by rule requires for tow
18trucks.
19    For driver education vehicles used by public high schools,
20the vehicle must also be equipped with dual control brakes, a
21mirror on each side of the vehicle so located as to reflect to
22the driver a view of the highway for a distance of at least 200
23feet to the rear, and a sign visible from the front and the
24rear identifying the vehicle as a driver education car.
25    For trucks, truck tractors, trailers, semi-trailers,
26buses, and first division vehicles including taxis which are

 

 

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1used for a purpose that requires a school bus driver permit,
2the safety test shall be conducted in accordance with the
3Minimum Periodic Inspection Standards promulgated by the
4Federal Highway Administration of the U.S. Department of
5Transportation and contained in Appendix G to Subchapter B of
6Chapter III of Title 49 of the Code of Federal Regulations.
7Those standards, as now in effect, are made a part of this
8Code, in the same manner as though they were set out in full in
9this Code.
10    The passing of the safety test shall not be a bar at any
11time to prosecution for operating a second division vehicle,
12medical transport vehicle, motor vehicle used for driver
13education training, or vehicle designed to carry 15 or fewer
14passengers operated by a contract carrier as provided in this
15Section that is unsafe, as determined by the standards
16prescribed in this Code.
17(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
 
18    (625 ILCS 5/13C-15)
19    Sec. 13C-15. Inspections.
20    (a) Computer-Matched Inspections and Notification.
21        (1) The provisions of this subsection (a) are
22    operative until the implementation of the registration
23    denial inspection and notification mechanisms required by
24    subsection (b). Beginning with the implementation of the
25    program required by this Chapter, every motor vehicle that

 

 

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1    is owned by a resident of an affected county, other than a
2    vehicle that is exempt under paragraph (a)(6) or (a)(7),
3    is subject to inspection under the program.
4        The Agency shall send notice of the assigned
5    inspection month, at least 15 days before the beginning of
6    the assigned month, to the owner of each vehicle subject
7    to the program. An initial emission inspection sticker or
8    initial inspection certificate, as the case may be,
9    expires on the last day of the third month following the
10    month assigned by the Agency for the first inspection of
11    the vehicle. A renewal inspection sticker or certificate
12    expires on the last day of the third month following the
13    month assigned for inspection in the year in which the
14    vehicle's next inspection is required.
15        The Agency or its agent may issue an interim emission
16    inspection sticker or certificate for any vehicle subject
17    to inspection that does not have a currently valid
18    emission inspection sticker or certificate at the time the
19    Agency is notified by the Secretary of State of its
20    registration by a new owner, and for which an initial
21    emission inspection sticker or certificate has already
22    been issued. An interim emission inspection sticker or
23    certificate expires no later than the last day of the
24    sixth complete calendar month after the date the Agency
25    issued the interim emission inspection sticker or
26    certificate.

 

 

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1        The owner of each vehicle subject to inspection shall
2    obtain an emission inspection sticker or certificate for
3    the vehicle in accordance with this paragraph (1). Before
4    the expiration of the emission inspection sticker or
5    certificate, the owner shall have the vehicle inspected
6    and, upon demonstration of compliance, obtain a renewal
7    emission inspection sticker or certificate. A renewal
8    emission inspection sticker or certificate shall not be
9    issued more than 5 months before the expiration date of
10    the previous inspection sticker or certificate.
11        (2) Except as provided in paragraph (a)(3), vehicles
12    shall be inspected every 2 years on a schedule that begins
13    either in the second, fourth, or later calendar year after
14    the vehicle model year. The beginning test schedule shall
15    be set by the Agency and shall be consistent with the
16    State's requirements for emission reductions as determined
17    by the applicable United States Environmental Protection
18    Agency vehicle emissions estimation model and applicable
19    guidance and rules.
20        (3) A vehicle may be inspected at a time outside of its
21    normal 2-year inspection schedule, if (i) the vehicle was
22    acquired by a new owner and (ii) the vehicle was required
23    to be in compliance with this Act at the time the vehicle
24    was acquired by the new owner, but it was not then in
25    compliance.
26        (4) The owner of a vehicle subject to inspection shall

 

 

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1    have the vehicle inspected and shall obtain and display on
2    the vehicle or carry within the vehicle, in a manner
3    specified by the Agency, a valid unexpired emission
4    inspection sticker or certificate in the manner specified
5    by the Agency. A person who violates this paragraph (4) is
6    guilty of a petty offense, except that a third or
7    subsequent violation within one year of the first
8    violation is a Class C misdemeanor. The fine imposed for a
9    violation of this paragraph (4) shall be not less than $50
10    if the violation occurred within 60 days following the
11    date by which a new or renewal emission inspection sticker
12    or certificate was required to be obtained for the
13    vehicle, and not less than $300 if the violation occurred
14    more than 60 days after that date.
15        (5) For a $20 fee, to be paid into the Vehicle
16    Inspection Fund, the Agency may inspect:
17            (A) A vehicle registered in and subject to the
18        emission inspections requirements of another state.
19            (B) A vehicle presented for inspection on a
20        voluntary basis.
21        Any fees collected under this paragraph (5) shall not
22    offset Motor Fuel Tax Funds normally appropriated for the
23    program.
24        (6) The following vehicles are not subject to
25    inspection:
26            (A) Vehicles not subject to registration under

 

 

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1        Article IV of Chapter 3 of this Code, other than
2        vehicles owned by the federal government.
3            (B) Motorcycles, motor driven cycles, and
4        motorized pedalcycles.
5            (C) Farm vehicles and implements of husbandry.
6            (D) Implements of warfare owned by the State or
7        federal government.
8            (E) Antique vehicles, expanded-use antique
9        vehicles, custom vehicles, street rods, and vehicles
10        of model year 1967 or before.
11            (F) Vehicles operated exclusively for parade or
12        ceremonial purposes by any veterans, fraternal, or
13        civic organization, organized on a not-for-profit
14        basis.
15            (G) Vehicles for which the Secretary of State,
16        under Section 3-117 of this Code, has issued a Junking
17        Certificate.
18            (H) Diesel powered vehicles and vehicles that are
19        powered exclusively by electricity.
20            (I) Vehicles operated exclusively in organized
21        amateur or professional sporting activities, as
22        defined in Section 3.310 of the Environmental
23        Protection Act.
24            (J) Vehicles registered in, subject to, and in
25        compliance with the emission inspection requirements
26        of another state.

 

 

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1            (K) Vehicles participating in an OBD continuous
2        monitoring program operated in accordance with
3        procedures adopted by the Agency.
4            (L) Vehicles of model year 1995 or earlier that do
5        not have an expired emissions test sticker or
6        certificate on February 1, 2007.
7            (M) Roadable aircraft.
8        The Agency may issue temporary or permanent exemption
9    stickers or certificates for vehicles temporarily or
10    permanently exempt from inspection under this paragraph
11    (6). An exemption sticker or certificate does not need to
12    be displayed.
13        (7) According to criteria that the Agency may adopt, a
14    motor vehicle may be exempted from the inspection
15    requirements of this Section by the Agency on the basis of
16    an Agency determination that the vehicle is located and
17    primarily used outside of the affected counties or in
18    other jurisdictions where vehicle emission inspections are
19    not required. The Agency may issue an annual exemption
20    sticker or certificate without inspection for any vehicle
21    exempted from inspection under this paragraph (7).
22        (8) Any owner or lessee of a fleet of 15 or more motor
23    vehicles that are subject to inspection under this Section
24    may apply to the Agency for a permit to establish and
25    operate a private official inspection station in
26    accordance with rules adopted by the Agency.

 

 

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1        (9) Pursuant to Title 40, Section 51.371 of the Code
2    of Federal Regulations, the Agency may establish a program
3    of on-road testing of in-use vehicles through the use of
4    remote sensing devices. In any such program, the Agency
5    shall evaluate the emission performance of 0.5% of the
6    subject fleet or 20,000 vehicles, whichever is less. Under
7    no circumstances shall on-road testing include any sort of
8    roadblock or roadside pullover or cause any type of
9    traffic delay. If, during the course of an on-road
10    inspection, a vehicle is found to exceed the on-road
11    emissions standards established for the model year and
12    type of vehicle, the Agency shall send a notice to the
13    vehicle owner. The notice shall document the occurrence
14    and the results of the on-road exceedance. The notice of a
15    second on-road exceedance shall indicate that the vehicle
16    has been reassigned and is subject to an out-of-cycle
17    follow-up inspection at an official inspection station. In
18    no case shall the Agency send a notice of an on-road
19    exceedance to the owner of a vehicle that was found to
20    exceed the on-road emission standards established for the
21    model year and type of vehicle, if the vehicle is
22    registered outside of the affected counties.
23    (b) Registration Denial Inspection and Notification.
24        (1) No later than January 1, 2008, every motor vehicle
25    that is owned by a resident of an affected county, other
26    than a vehicle that is exempt under paragraph (b)(8) or

 

 

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1    (b)(9), is subject to inspection under the program.
2        The owner of a vehicle subject to inspection shall
3    have the vehicle inspected and obtain proof of compliance
4    from the Agency in order to obtain or renew a vehicle
5    registration for a subject vehicle.
6        The Secretary of State shall notify the owner of a
7    vehicle subject to inspection of the requirement to have
8    the vehicle tested at least 30 days prior to the beginning
9    of the month in which the vehicle's registration is due to
10    expire. Notwithstanding the preceding, vehicles with
11    permanent registration plates shall be notified at least
12    30 days prior to the month corresponding to the date the
13    vehicle was originally registered. This notification shall
14    clearly state the vehicle's test status, based upon the
15    vehicle type, model year and registration address.
16        The owner of each vehicle subject to inspection shall
17    have the vehicle inspected and, upon demonstration of
18    compliance, obtain an emissions compliance certificate for
19    the vehicle.
20        (2) Except as provided in paragraphs (b)(3), (b)(4),
21    and (b)(5), vehicles shall be inspected every 2 years on a
22    schedule that begins in the fourth calendar year after the
23    vehicle model year. Even model year vehicles shall be
24    inspected and comply in order to renew registrations
25    expiring in even calendar years and odd model year
26    vehicles shall be inspected and comply in order to renew

 

 

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1    registrations expiring in odd calendar years.
2        (3) A vehicle shall be inspected and comply at a time
3    outside of its normal 2-year inspection schedule if (i)
4    the vehicle was acquired by a new owner and (ii) the
5    vehicle had not been issued a Compliance Certificate
6    within one year of the date of application for the title or
7    registration, or both, for the vehicle.
8        (4) Vehicles with 2-year registrations shall be
9    inspected every 2 years at the time of registration
10    issuance or renewal on a schedule that begins in the
11    fourth year after the vehicle model year.
12        (5) Vehicles with permanent vehicle registration
13    plates shall be inspected every 2 years on a schedule that
14    begins in the fourth calendar year after the vehicle model
15    year in the month corresponding to the date the vehicle
16    was originally registered. Even model year vehicles shall
17    be inspected and comply in even calendar years, and odd
18    model year vehicles shall be inspected and comply in odd
19    calendar years.
20        (6) The Agency and the Secretary of State shall
21    endeavor to ensure a smooth transition from test
22    scheduling from the provisions of subsection (a) to
23    subsection (b). Passing tests and waivers issued prior to
24    the implementation of this subsection (b) may be utilized
25    to establish compliance for a period of one year from the
26    date of the emissions or waiver inspection.

 

 

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1        (7) For a $20 fee, to be paid into the Vehicle
2    Inspection Fund, the Agency may inspect:
3            (A) A vehicle registered in and subject to the
4        emissions inspections requirements of another state.
5            (B) A vehicle presented for inspection on a
6        voluntary basis.
7        Any fees collected under this paragraph (7) shall not
8    offset Motor Fuel Tax Funds normally appropriated for the
9    program.
10        (8) The following vehicles are not subject to
11    inspection:
12            (A) Vehicles not subject to registration under
13        Article IV of Chapter 3 of this Code, other than
14        vehicles owned by the federal government.
15            (B) Motorcycles, motor driven cycles, and
16        motorized pedalcycles.
17            (C) Farm vehicles and implements of husbandry.
18            (D) Implements of warfare owned by the State or
19        federal government.
20            (E) Antique vehicles, expanded-use antique
21        vehicles, custom vehicles, street rods, and vehicles
22        of model year 1967 or before.
23            (F) Vehicles operated exclusively for parade or
24        ceremonial purposes by any veterans, fraternal, or
25        civic organization, organized on a not-for-profit
26        basis.

 

 

HB3018- 29 -LRB102 16070 RAM 21442 b

1            (G) Vehicles for which the Secretary of State,
2        under Section 3-117 of this Code, has issued a Junking
3        Certificate.
4            (H) Diesel powered vehicles and vehicles that are
5        powered exclusively by electricity.
6            (I) Vehicles operated exclusively in organized
7        amateur or professional sporting activities, as
8        defined in Section 3.310 of the Environmental
9        Protection Act.
10            (J) Vehicles registered in, subject to, and in
11        compliance with the emission inspection requirements
12        of another state.
13            (K) Vehicles participating in an OBD continuous
14        monitoring program operated in accordance with
15        procedures adopted by the Agency.
16            (L) Vehicles of model year 1995 or earlier that do
17        not have an expired emissions test sticker or
18        certificate on February 1, 2007.
19            (M) Vehicles of model year 2006 or earlier with a
20        manufacturer gross vehicle weight rating between 8,501
21        and 14,000 pounds.
22            (N) Vehicles with a manufacturer gross vehicle
23        weight rating greater than 14,000 pounds.
24            (O) Roadable aircraft.
25        The Agency may issue temporary or permanent exemption
26    certificates for vehicles temporarily or permanently

 

 

HB3018- 30 -LRB102 16070 RAM 21442 b

1    exempt from inspection under this paragraph (8). An
2    exemption sticker or certificate does not need to be
3    displayed.
4        (9) According to criteria that the Agency may adopt, a
5    motor vehicle may be exempted from the inspection
6    requirements of this Section by the Agency on the basis of
7    an Agency determination that the vehicle is located and
8    primarily used outside of the affected counties and in
9    other jurisdictions where vehicle emissions inspections
10    are not required. The Agency may issue an annual exemption
11    certificate without inspection for any vehicle exempted
12    from inspection under this paragraph (9).
13        (10) Any owner or lessee of a fleet of 15 or more motor
14    vehicles that are subject to inspection under this Section
15    may apply to the Agency for a permit to establish and
16    operate a private official inspection station in
17    accordance with rules adopted by the Agency.
18        (11) Pursuant to Title 40, Section 51.371 of the Code
19    of Federal Regulations, the Agency may establish a program
20    of on-road testing of in-use vehicles through the use of
21    remote sensing devices. In any such program, the Agency
22    shall evaluate the emission performance of 0.5% of the
23    subject fleet or 20,000 vehicles, whichever is less. Under
24    no circumstances shall on-road testing include any sort of
25    roadblock or roadside pullover or cause any type of
26    traffic delay. If, during the course of an on-road

 

 

HB3018- 31 -LRB102 16070 RAM 21442 b

1    inspection, a vehicle is found to exceed the on-road
2    emissions standards established for the model year and
3    type of vehicle, the Agency shall send a notice to the
4    vehicle owner. The notice shall document the occurrence
5    and the results of the on-road exceedance. The notice of a
6    second on-road exceedance shall indicate that the vehicle
7    has been reassigned and is subject to an out-of-cycle
8    follow-up inspection at an official inspection station. In
9    no case shall the Agency send a notice of an on-road
10    exceedance to the owner of a vehicle that was found to
11    exceed the on-road emissions standards established for the
12    model year and type of vehicle, if the vehicle is
13    registered outside of the affected counties.
14(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12;
1597-813, eff. 7-13-12.)