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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 1-101.5 and adding Section 13B-99 and Chapter 13C as | ||||||
6 | follows:
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7 | (625 ILCS 5/1-101.5)
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8 | Sec. 1-101.5. Agency. For the purposes of Chapters
Chapter
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9 | 13B and 13C , "Agency" means the
Illinois Environmental | ||||||
10 | Protection Agency.
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11 | (Source: P.A. 90-89, eff. 1-1-98.)
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12 | (625 ILCS 5/13B-99 new)
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13 | (Section scheduled to be repealed on July 1, 2007) | ||||||
14 | Sec. 13B-99. Repeal. This Chapter 13B is repealed on July | ||||||
15 | 1, 2007. | ||||||
16 | (625 ILCS 5/Ch. 13C heading new)
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17 | CHAPTER 13C. EMISSION INSPECTION | ||||||
18 | (625 ILCS 5/13C-1 new) | ||||||
19 | Sec. 13C-1. Short title. This Chapter may be cited as the | ||||||
20 | Vehicle Emissions Inspection Law of 2005. | ||||||
21 | (625 ILCS 5/13C-5 new) | ||||||
22 | Sec. 13C-5. Definitions. For the purposes of this Chapter: | ||||||
23 | "Affected counties" means Cook County; DuPage County; Lake | ||||||
24 | County; those parts of Kane County that are not included within | ||||||
25 | any of the following ZIP code areas, as designated by the U.S. | ||||||
26 | Postal Service on the effective date of this amendatory Act of | ||||||
27 | the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, | ||||||
28 | 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, |
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1 | and 60554; those parts of Kendall County that are not included | ||||||
2 | within any of the following ZIP code areas, as designated by | ||||||
3 | the U.S. Postal Service on the effective date of this | ||||||
4 | amendatory Act of the 94th General Assembly: 60447, 60450, | ||||||
5 | 60512, 60536, 60537, 60541, those parts of 60543 that are not | ||||||
6 | within the census defined urbanized area, 60545, 60548, and | ||||||
7 | 60560; those parts of McHenry County that are not included | ||||||
8 | within any of the following ZIP code areas, as designated by | ||||||
9 | the U.S. Postal Service on the effective date of this | ||||||
10 | amendatory Act of the 94th General Assembly: 60001, 60033, | ||||||
11 | 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and | ||||||
12 | 60180; those parts of Will County that are not included within | ||||||
13 | any of the following ZIP code areas, as designated by the U.S. | ||||||
14 | Postal Service on the effective date of this amendatory Act of | ||||||
15 | the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, | ||||||
16 | 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; | ||||||
17 | those parts of Madison County that are not included within any | ||||||
18 | of the following ZIP code areas, as designated by the U.S. | ||||||
19 | Postal Service on the effective date of this amendatory Act of | ||||||
20 | the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, | ||||||
21 | 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, | ||||||
22 | 62281, and 62293; those parts of Monroe County that are not | ||||||
23 | included within any of the following ZIP code areas, as | ||||||
24 | designated by the U.S. Postal Service on the effective date of | ||||||
25 | this amendatory Act of the 94th General Assembly: 62244, 62248, | ||||||
26 | 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and | ||||||
27 | 62298; and those parts of St. Clair County that are not | ||||||
28 | included within any of the following ZIP code areas, as | ||||||
29 | designated by the U.S. Postal Service on the effective date of | ||||||
30 | this amendatory Act of the 94th General Assembly: 62224, 62243, | ||||||
31 | 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, | ||||||
32 | 62278, 62282, 62285, 62289, 62293, and 62298. | ||||||
33 | "Board" means the Illinois Pollution Control Board. | ||||||
34 | "Claim evaluation center" means an automotive diagnostic | ||||||
35 | facility that meets the standards prescribed by the Agency for | ||||||
36 | performing examinations of vehicle emissions inspection damage |
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1 | claims. | ||||||
2 | "Contractor" means the vehicle emissions test contractor | ||||||
3 | for official inspection stations described in Section 13C-45. | ||||||
4 | "Diagnostic code" means a code stored in a vehicle's | ||||||
5 | on-board diagnostic computer to indicate the occurrence of an | ||||||
6 | emissions-related condition or malfunction. | ||||||
7 | "Inspection area" means Cook County, DuPage County, Lake | ||||||
8 | County, and those portions of Kane, Kendall, Madison, McHenry, | ||||||
9 | Monroe, Will, and St. Clair Counties included in the definition | ||||||
10 | of "affected counties". | ||||||
11 | "Malfunction indicator lamp" means a dashboard lamp | ||||||
12 | designed to illuminate to alert the driver to the occurrence of | ||||||
13 | a problem or condition resulting in excessive emissions. | ||||||
14 | "On-board diagnostic system" or "OBD system" means the | ||||||
15 | computer-based system built into all 1996 and newer light-duty | ||||||
16 | vehicles and trucks, as required by the federal Clean Air Act | ||||||
17 | Amendments of 1990, that is designed to monitor the performance | ||||||
18 | of major engine and emissions controls, to alert the operator | ||||||
19 | to emissions-related malfunctions, and to store diagnostic | ||||||
20 | codes and other vehicle operating information useful in | ||||||
21 | repairing the vehicle. | ||||||
22 | "Official inspection station" means a structure or | ||||||
23 | physical location where the Agency has authorized vehicle | ||||||
24 | emissions testing to be conducted. | ||||||
25 | "Owner" means the registered owner of the vehicle, as | ||||||
26 | indicated on the vehicle's registration. In the case of an | ||||||
27 | unregistered vehicle, "owner" has the meaning set forth in | ||||||
28 | Section 1-155 of this Code. | ||||||
29 | "Program" means the vehicle emission inspection program | ||||||
30 | established under this Chapter. | ||||||
31 | "Readiness status" means an indication of whether a | ||||||
32 | vehicle's on-board diagnostic system has completed a periodic | ||||||
33 | check of the performance of a monitored system or component. | ||||||
34 | "Resident" includes natural persons, foreign and domestic | ||||||
35 | corporations, partnerships, associations, and all other | ||||||
36 | commercial and governmental entities. For the purpose of |
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1 | determining residence, the owner of a vehicle shall be presumed | ||||||
2 | to reside at the address indicated on the vehicle's | ||||||
3 | registration. A governmental entity, including the federal | ||||||
4 | government and its agencies, and any unit of local government | ||||||
5 | or school district, any part of which is located within an | ||||||
6 | affected county, shall be deemed a resident of an affected | ||||||
7 | county for the purpose of any vehicle that is owned by the | ||||||
8 | governmental entity and regularly operated in an affected | ||||||
9 | county. | ||||||
10 | "Registration" of a vehicle means its registration under | ||||||
11 | Article IV of Chapter 3 of this Code. | ||||||
12 | "Vehicle age" means the numerical difference between the | ||||||
13 | current calendar year and the vehicle model year. | ||||||
14 | (625 ILCS 5/13C-10 new) | ||||||
15 | Sec. 13C-10. Program. | ||||||
16 | (a) The Agency shall establish a program to begin February | ||||||
17 | 1, 2007, to reduce the emission of pollutants by motor | ||||||
18 | vehicles. This program shall be a replacement for and | ||||||
19 | continuation of the program established under the Vehicle | ||||||
20 | Emissions Inspection Law of 1995, Chapter 13B of this Code. | ||||||
21 | At a minimum, this program shall provide for all of the | ||||||
22 | following: | ||||||
23 | (1) The inspection of certain motor vehicles every 2 | ||||||
24 | years, as required under Section 13C-15. | ||||||
25 | (2) The establishment and operation of official | ||||||
26 | inspection stations. | ||||||
27 | (3) The designation of official test equipment and | ||||||
28 | testing procedures. | ||||||
29 | (4)
The training and supervision of inspectors and | ||||||
30 | other personnel. | ||||||
31 | (5) Procedures to assure the correct operation, | ||||||
32 | maintenance, and calibration of test equipment. | ||||||
33 | (6) Procedures for certifying test results and for | ||||||
34 | reporting and maintaining relevant data and records. | ||||||
35 | (b) The Agency shall provide for the operation of a |
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1 | sufficient number of official inspection stations to prevent | ||||||
2 | undue difficulty for motorists to obtain the inspections | ||||||
3 | required under this Chapter. In the event that the Agency | ||||||
4 | operates inspection stations or contracts with one or more | ||||||
5 | parties to operate inspection stations on its behalf, the | ||||||
6 | Agency shall endeavor to: (i) locate the stations so that the | ||||||
7 | owners of vehicles subject to inspection reside within 12 miles | ||||||
8 | of an official inspection station; and (ii) have sufficient | ||||||
9 | inspection capacity at the stations so that the usual wait | ||||||
10 | before the start of an inspection does not exceed 15 minutes. | ||||||
11 | (625 ILCS 5/13C-15 new) | ||||||
12 | Sec. 13C-15. Inspections. | ||||||
13 | (a) Beginning with the implementation of the program | ||||||
14 | required by this Chapter, every motor vehicle that is owned by | ||||||
15 | a resident of an affected county, other than a vehicle that is | ||||||
16 | exempt under subsection (f) or (g), is subject to inspection | ||||||
17 | under the program. | ||||||
18 | The Agency shall send notice of the assigned inspection | ||||||
19 | month, at least 15 days before the beginning of the assigned | ||||||
20 | month, to the owner of each vehicle subject to the program. An | ||||||
21 | initial emission inspection sticker or initial inspection | ||||||
22 | certificate, as the case may be, expires on the last day of the | ||||||
23 | third month following the month assigned by the Agency for the | ||||||
24 | first inspection of the vehicle. A renewal inspection sticker | ||||||
25 | or certificate expires on the last day of the third month | ||||||
26 | following the month assigned for inspection in the year in | ||||||
27 | which the vehicle's next inspection is required. | ||||||
28 | The Agency or its agent may issue an interim emission | ||||||
29 | inspection sticker or certificate for any vehicle subject to | ||||||
30 | inspection that does not have a currently valid emission | ||||||
31 | inspection sticker or certificate at the time the Agency is | ||||||
32 | notified by the Secretary of State of its registration by a new | ||||||
33 | owner, and for which an initial emission inspection sticker or | ||||||
34 | certificate has already been issued. An interim emission | ||||||
35 | inspection sticker or certificate expires no later than the |
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1 | last day of the sixth complete calendar month after the date | ||||||
2 | the Agency issued the interim emission inspection sticker or | ||||||
3 | certificate. | ||||||
4 | The owner of each vehicle subject to inspection shall | ||||||
5 | obtain an emission inspection sticker or certificate for the | ||||||
6 | vehicle in accordance with this subsection. Before the | ||||||
7 | expiration of the emission inspection sticker or certificate, | ||||||
8 | the owner shall have the vehicle inspected and, upon | ||||||
9 | demonstration of compliance, obtain a renewal emission | ||||||
10 | inspection sticker or certificate. A renewal emission | ||||||
11 | inspection sticker or certificate shall not be issued more than | ||||||
12 | 5 months before the expiration date of the previous inspection | ||||||
13 | sticker or certificate. | ||||||
14 | (b) Except as provided in subsection (c), vehicles shall be | ||||||
15 | inspected every 2 years on a schedule that begins either in the | ||||||
16 | second, fourth, or later calendar year after the vehicle model | ||||||
17 | year. The beginning test schedule shall be set by the Agency | ||||||
18 | and shall be consistent with the State's requirements for | ||||||
19 | emission reductions as determined by the applicable United | ||||||
20 | States Environmental Protection Agency vehicle emissions | ||||||
21 | estimation model and applicable guidance and rules. | ||||||
22 | (c) A vehicle may be inspected at a time outside of its | ||||||
23 | normal 2-year inspection schedule, if (i) the vehicle was | ||||||
24 | acquired by a new owner and (ii) the vehicle was required to be | ||||||
25 | in compliance with this Act at the time the vehicle was | ||||||
26 | acquired by the new owner, but it was not then in compliance. | ||||||
27 | (d) The owner of a vehicle subject to inspection shall have | ||||||
28 | the vehicle inspected and shall obtain and display on the | ||||||
29 | vehicle or carry within the vehicle, in a manner specified by | ||||||
30 | the Agency, a valid unexpired emission inspection sticker or | ||||||
31 | certificate in the manner specified by the Agency. A person who | ||||||
32 | violates this subsection (d) is guilty of a petty offense, | ||||||
33 | except that a third or subsequent violation within one year of | ||||||
34 | the first violation is a Class C misdemeanor. The fine imposed | ||||||
35 | for a violation of this subsection shall be not less than $50 | ||||||
36 | if the violation occurred within 60 days following the date by |
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1 | which a new or renewal emission inspection sticker or | ||||||
2 | certificate was required to be obtained for the vehicle, and | ||||||
3 | not less than $300 if the violation occurred more than 60 days | ||||||
4 | after that date. | ||||||
5 | (e) For a $20 fee, to be paid into the Vehicle Inspection | ||||||
6 | Fund, the Agency may inspect: | ||||||
7 | (1) A vehicle registered in and subject to the emission | ||||||
8 | inspections requirements of another state. | ||||||
9 | (2) A vehicle presented for inspection on a voluntary | ||||||
10 | basis. | ||||||
11 | Any fees collected under this subsection shall not offset | ||||||
12 | Motor Fuel Tax Funds normally appropriated for the program. | ||||||
13 | (f) The following vehicles are not subject to inspection: | ||||||
14 | (1) Vehicles not subject to registration under Article | ||||||
15 | IV of Chapter 3 of this Code, other than vehicles owned by | ||||||
16 | the federal government. | ||||||
17 | (2) Motorcycles, motor driven cycles, and motorized | ||||||
18 | pedalcycles. | ||||||
19 | (3) Farm vehicles and implements of husbandry. | ||||||
20 | (4) Implements of warfare owned by the State or federal | ||||||
21 | government. | ||||||
22 | (5) Antique vehicles, custom vehicles, street rods, | ||||||
23 | and vehicles of model year 1967 or before. | ||||||
24 | (6) Vehicles operated exclusively for parade or | ||||||
25 | ceremonial purposes by any veterans, fraternal, or civic | ||||||
26 | organization, organized on a not-for-profit basis. | ||||||
27 | (7) Vehicles for which the Secretary of State, under | ||||||
28 | Section 3-117 of this Code, has issued a Junking | ||||||
29 | Certificate. | ||||||
30 | (8) Diesel powered vehicles and vehicles that are | ||||||
31 | powered exclusively by electricity. | ||||||
32 | (9) Vehicles operated exclusively in organized amateur | ||||||
33 | or professional sporting activities, as defined in Section | ||||||
34 | 3.310 of the Environmental Protection Act. | ||||||
35 | (10) Vehicles registered in, subject to, and in | ||||||
36 | compliance with the emission inspection requirements of |
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1 | another state. | ||||||
2 | (11) Vehicles participating in an OBD continuous | ||||||
3 | monitoring program operated in accordance with procedures | ||||||
4 | adopted by the Agency. | ||||||
5 | (12) Vehicles of model year 1995 or earlier that do not | ||||||
6 | have an expired emissions test sticker or certificate on | ||||||
7 | February 1, 2007. | ||||||
8 | The Agency may issue temporary or permanent exemption | ||||||
9 | stickers or certificates for vehicles temporarily or | ||||||
10 | permanently exempt from inspection under this subsection (f). | ||||||
11 | An exemption sticker or certificate does not need to be | ||||||
12 | displayed. | ||||||
13 | (g) According to criteria that the Agency may adopt, a | ||||||
14 | motor vehicle may be exempted from the inspection requirements | ||||||
15 | of this Section by the Agency on the basis of an Agency | ||||||
16 | determination that the vehicle is located and primarily used | ||||||
17 | outside of the affected counties or in other jurisdictions | ||||||
18 | where vehicle emission inspections are not required. The Agency | ||||||
19 | may issue an annual exemption sticker or certificate without | ||||||
20 | inspection for any vehicle exempted from inspection under this | ||||||
21 | subsection. | ||||||
22 | (h) Any owner or lessee of a fleet of 15 or more motor | ||||||
23 | vehicles that are subject to inspection under this Section may | ||||||
24 | apply to the Agency for a permit to establish and operate a | ||||||
25 | private official inspection station in accordance with rules | ||||||
26 | adopted by the Agency. | ||||||
27 | (i) Pursuant to Title 40, Section 51.371 of the Code of | ||||||
28 | Federal Regulations, the Agency may establish a program of | ||||||
29 | on-road testing of in-use vehicles through the use of remote | ||||||
30 | sensing devices. In any such program, the Agency shall evaluate | ||||||
31 | the emission performance of 0.5% of the subject fleet or 20,000 | ||||||
32 | vehicles, whichever is less. Under no circumstances shall | ||||||
33 | on-road testing include any sort of roadblock or roadside | ||||||
34 | pullover or cause any type of traffic delay. If, during the | ||||||
35 | course of an on-road inspection, a vehicle is found to exceed | ||||||
36 | the on-road emissions standards established for the model year |
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1 | and type of vehicle, the Agency shall send a notice to the | ||||||
2 | vehicle owner. The notice shall document the occurrence and the | ||||||
3 | results of the on-road exceedance. The notice of a second | ||||||
4 | on-road exceedance shall indicate that the vehicle has been | ||||||
5 | reassigned and is subject to an out-of-cycle follow-up | ||||||
6 | inspection at an official inspection station. In no case shall | ||||||
7 | the Agency send a notice of an on-road exceedance to the owner | ||||||
8 | of a vehicle that was found to exceed the on-road emission | ||||||
9 | standards established for the model year and type of vehicle, | ||||||
10 | if the vehicle is registered outside of the affected counties. | ||||||
11 | (625 ILCS 5/13C-20 new) | ||||||
12 | Sec. 13C-20. Rules and standards. | ||||||
13 | (a) The rules and emission standards adopted under | ||||||
14 | subsection (a) of Section 13B-20 of this Code shall apply to | ||||||
15 | the program established under this Chapter and continue in | ||||||
16 | effect until amended or repealed by the Board under this | ||||||
17 | subsection.
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18 | The Agency shall propose any other standards necessary to | ||||||
19 | achieve reductions in the emission of hydrocarbons, carbon | ||||||
20 | monoxide, and oxides of nitrogen from motor vehicles subject to | ||||||
21 | inspection under this Chapter. Within 120 days after the Agency | ||||||
22 | proposes those standards, the Board shall adopt any necessary | ||||||
23 | rules establishing standards for the emission of hydrocarbons, | ||||||
24 | carbon monoxide, and oxides of nitrogen from motor vehicles | ||||||
25 | subject to inspection under this Chapter. The rules may be | ||||||
26 | amended from time to time pursuant to Agency proposals. The | ||||||
27 | Board shall set standards necessary to achieve the reductions | ||||||
28 | in vehicle hydrocarbons, carbon monoxide, and oxides of | ||||||
29 | nitrogen emissions, as determined by the applicable vehicle | ||||||
30 | emission estimation model and rules developed by the United | ||||||
31 | States Environmental Protection Agency, that are required by | ||||||
32 | the federal Clean Air Act. A predetermined rate of failure | ||||||
33 | shall not be used in determining standards necessary to achieve | ||||||
34 | the reductions in vehicle hydrocarbons, carbon monoxide, and | ||||||
35 | oxides of nitrogen emissions. The emission standards |
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1 | established by the Board for vehicles of model year 1981 or | ||||||
2 | later shall be identical in substance, as defined in Section | ||||||
3 | 7.2(a) of the Environmental Protection Act, to the emission | ||||||
4 | standards promulgated by the United States Environmental | ||||||
5 | Protection Agency. | ||||||
6 | Except as otherwise provided in this subsection, | ||||||
7 | subsection (b) of Section 27 of the Environmental Protection | ||||||
8 | Act and the rulemaking provisions of the Illinois | ||||||
9 | Administrative Procedure Act do not apply to rules adopted by | ||||||
10 | the Board under this subsection. Challenges to the validity of | ||||||
11 | rules adopted by the Board under this subsection or subsection | ||||||
12 | (a) of Section 13B-20 may be brought only by filing a petition | ||||||
13 | for review in the Appellate Court under Section 29 of the | ||||||
14 | Environmental Protection Act within 35 days after the rule is | ||||||
15 | filed with the Secretary of State. | ||||||
16 | (b) The procedures established by the Agency under | ||||||
17 | subsection (b) of Section 13B-20 of this Code shall apply to | ||||||
18 | the program established under this Chapter and remain in effect | ||||||
19 | until amended or repealed under this subsection. The Agency may | ||||||
20 | at any time amend or repeal those procedures and may establish | ||||||
21 | additional procedures designed to implement this Chapter. | ||||||
22 | (625 ILCS 5/13C-25 new) | ||||||
23 | Sec. 13C-25. Performance of inspections. | ||||||
24 | (a) Except as provided in subsection (b), the inspection of | ||||||
25 | vehicles required under this Chapter shall be performed only: | ||||||
26 | (i) by inspectors who have been certified by the Agency after | ||||||
27 | successfully completing a course of training and successfully | ||||||
28 | passing a written test; (ii) at official inspection stations, | ||||||
29 | including on-road inspection sites established under this | ||||||
30 | Chapter; and (iii) with equipment that has been approved by the | ||||||
31 | Agency for these inspections. | ||||||
32 | (b) The requirements of subdivisions (a)(i) and (a)(ii) of | ||||||
33 | this Section do not preclude the performance of inspections (1) | ||||||
34 | at self-service official inspection stations, (2) using | ||||||
35 | Agency-approved wireless communication interfaces, and (3) |
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1 | using systems designed to perform remote on-board diagnostic | ||||||
2 | inspections. | ||||||
3 | (c) Except as provided in subsection (d), the inspection | ||||||
4 | shall consist of an on-board diagnostic system test. The owner | ||||||
5 | of the vehicle or the owner's agent shall be entitled to an | ||||||
6 | emission inspection certificate issued by the Agency only if | ||||||
7 | all required tests are passed at the time of the inspection. | ||||||
8 | (d) A steady-state idle exhaust gas analysis and the | ||||||
9 | evaporative system integrity test may be substituted for the | ||||||
10 | on-board diagnostic system test in the following cases: | ||||||
11 | (1) On any heavy duty vehicle with a manufacturer gross | ||||||
12 | vehicle weight rating in excess of 8,500 pounds not | ||||||
13 | equipped at the time of manufacture with an on-board | ||||||
14 | diagnostic system meeting federal OBD-II specifications. | ||||||
15 | (2) On any vehicle for which on-board diagnostic | ||||||
16 | testing is not possible due to the vehicle's originally | ||||||
17 | certified design or its design as modified in accordance | ||||||
18 | with federal law and regulations, and on any vehicle with | ||||||
19 | known on-board diagnostic communications or software | ||||||
20 | problems, as determined by the Agency. | ||||||
21 | (e) The exhaust gas analysis shall consist of a test of an | ||||||
22 | exhaust gas sample to determine whether the quantities of | ||||||
23 | exhaust gas pollutants emitted by the vehicle meet the | ||||||
24 | standards set for vehicles of that type under Section 13C-20. A | ||||||
25 | vehicle shall be deemed to have passed this portion of the | ||||||
26 | inspection if the evaluation of the exhaust gas sample | ||||||
27 | indicates that the quantities of exhaust gas pollutants emitted | ||||||
28 | by the vehicle do not exceed the standards set for vehicles of | ||||||
29 | that type under Section 13C-20 or an inspector certifies that | ||||||
30 | the vehicle qualifies for a waiver of the exhaust gas pollutant | ||||||
31 | standards under Section 13C-30. | ||||||
32 | (f) The evaporative system integrity test shall consist of | ||||||
33 | a procedure to determine if leaks exist in all or a portion of | ||||||
34 | the vehicle fuel evaporation emission control system. A vehicle | ||||||
35 | shall be deemed to have passed this test if it meets the | ||||||
36 | criteria that the Board may adopt for an evaporative system |
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1 | integrity test. | ||||||
2 | (g) The on-board diagnostic system test shall consist of | ||||||
3 | accessing the vehicle's on-board computer system, determining | ||||||
4 | the vehicle's readiness status and malfunction indicator lamp | ||||||
5 | status, and retrieving any stored diagnostic codes that may be | ||||||
6 | present. The vehicle shall be deemed to have passed this test | ||||||
7 | if the vehicle readiness status indicates that the vehicle's | ||||||
8 | OBD system has completed all required system and component | ||||||
9 | checks, the malfunction indicator lamp status is appropriate, | ||||||
10 | and the diagnostic codes retrieved do not exceed standards set | ||||||
11 | for vehicles of that type under Section 13C-20. | ||||||
12 | (625 ILCS 5/13C-30 new) | ||||||
13 | Sec. 13C-30. Waivers. | ||||||
14 | (a) The Agency shall certify that a vehicle that has failed | ||||||
15 | a vehicle emission retest qualifies for a waiver of the | ||||||
16 | emission inspection standards if all of the following criteria | ||||||
17 | are met: | ||||||
18 | (1) The vehicle has received all repairs and | ||||||
19 | adjustments for which it is eligible under any emission | ||||||
20 | performance warranty provided under Section 207 of the | ||||||
21 | federal Clean Air Act. | ||||||
22 | (2) The Agency determines by normal inspection | ||||||
23 | procedures that the vehicle's emission control devices are | ||||||
24 | present and appear to be properly connected and operating. | ||||||
25 | (3)
Consistent with Title 40, Section 51.360 of the | ||||||
26 | Code of Federal Regulations, for vehicles required to be | ||||||
27 | tested under this Chapter, an expenditure of at least $450 | ||||||
28 | in emission-related repairs (but exclusive of any repairs | ||||||
29 | related to tampering) has been made. | ||||||
30 | (4) For a vehicle of model year 1981 or later, the | ||||||
31 | repairs were performed by a recognized repair technician. | ||||||
32 | (5) Evidence of repair is presented, consisting of | ||||||
33 | either (i) signed and dated receipts identifying the | ||||||
34 | vehicle and describing the work performed and the amount | ||||||
35 | charged for the eligible emission-related repairs or (ii) |
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1 | an affidavit executed by the person performing the eligible | ||||||
2 | emission-related repairs. | ||||||
3 | (b) The Agency may issue an emission inspection certificate | ||||||
4 | to a vehicle failing a retest if a complete documented physical | ||||||
5 | and functional diagnosis and inspection shows that no | ||||||
6 | additional emission-related repairs are needed. This | ||||||
7 | diagnostic inspection must be performed by the Agency or its | ||||||
8 | designated agent and shall be available only to a vehicle owner | ||||||
9 | whose vehicle was repaired by a recognized repair technician. | ||||||
10 | (c) The Agency may extend the emission inspection | ||||||
11 | certificate expiration date by one year upon receipt of a | ||||||
12 | petition by the vehicle owner that needed repairs cannot be | ||||||
13 | made due to economic hardship. Consistent with Title 40, | ||||||
14 | Section 51.360 of the Code of Federal Regulations, this | ||||||
15 | extension may be granted more than once during the life of the | ||||||
16 | vehicle. | ||||||
17 | (d) The Agency may issue an emission inspection certificate | ||||||
18 | for a vehicle subject to inspection under this Chapter that is | ||||||
19 | located and primarily used in an area subject to the vehicle | ||||||
20 | inspection requirements of another state. An emission | ||||||
21 | inspection certificate shall be issued under this subsection | ||||||
22 | only upon receipt by the Agency of evidence that the vehicle | ||||||
23 | has been inspected and is in compliance with the emission | ||||||
24 | inspection requirements and standards applicable in the state | ||||||
25 | or local jurisdiction where the vehicle is being used. | ||||||
26 | (625 ILCS 5/13C-35 new) | ||||||
27 | Sec. 13C-35. Inquiries. The Agency shall develop a means of | ||||||
28 | responding to inquiries from inspectors and members of the | ||||||
29 | public concerning the program, including (i) when inspections | ||||||
30 | are required, (ii) what kind of inspections are required, (iii) | ||||||
31 | whether emission inspection stickers or certificates | ||||||
32 | previously required for a vehicle have been obtained, and (iv) | ||||||
33 | the procedures for resolving disputes concerning inspections. | ||||||
34 | (625 ILCS 5/13C-40 new) |
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| |||||||
1 | Sec. 13C-40. Grievance and damage claim requirements and | ||||||
2 | procedures. | ||||||
3 | (a) Emissions inspection and waiver denial grievance | ||||||
4 | procedures. | ||||||
5 | (1) Any person aggrieved by a decision regarding the | ||||||
6 | failure of an emissions test or the denial of a waiver may | ||||||
7 | file a petition with the Agency within 30 days after the | ||||||
8 | decision was made, and the Agency shall thereupon | ||||||
9 | investigate the matter. Within 45 days after its receipt of | ||||||
10 | the petition, the Agency shall submit to the petitioner and | ||||||
11 | any affected inspector or station its written | ||||||
12 | determination of the correctness or incorrectness of the | ||||||
13 | decision being grieved. The written determination shall | ||||||
14 | include a statement of the facts relied upon and the legal | ||||||
15 | and technical issues decided by the Agency in making its | ||||||
16 | determination, and may also include an order directing the | ||||||
17 | inspector (i) to issue an emission inspection certificate | ||||||
18 | for the vehicle effective on such date as the Agency may | ||||||
19 | specify, (ii) to reinspect the vehicle, (iii) to apply the | ||||||
20 | standards that the Agency has determined to be applicable, | ||||||
21 | or (iv) to take any other action that the Agency deems to | ||||||
22 | be appropriate. In conducting the investigation, the | ||||||
23 | Agency may require the petitioner to present the vehicle | ||||||
24 | for inspection by the Agency or its designated agent. | ||||||
25 | (2) The written determination of the Agency shall be | ||||||
26 | subject to review in circuit court in accordance with the | ||||||
27 | provisions of the Administrative Review Law, except that no | ||||||
28 | challenge to the validity of a rule adopted or continued | ||||||
29 | under subsection (a) of Section 13C-20 shall be heard by | ||||||
30 | the circuit court if the challenge could have been raised | ||||||
31 | in a timely petition for review as provided in Section | ||||||
32 | 13C-20. | ||||||
33 | (b) Vehicle damage claim requirements and procedures. | ||||||
34 | (1) The contractor shall make vehicle damage claim | ||||||
35 | forms authorized by the Agency available for vehicle owners | ||||||
36 | in sufficient quantities at all official inspection |
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1 | stations. | ||||||
2 | (2) Notice of the vehicle damage claim procedures and | ||||||
3 | the vehicle owner's rights in relation to a vehicle damage | ||||||
4 | claim shall be conspicuously posted at all official | ||||||
5 | inspection stations. | ||||||
6 | (3) If a vehicle owner believes that his or her vehicle | ||||||
7 | was damaged by an act or omission of the contractor during | ||||||
8 | or as a result of an emissions inspection performed on or | ||||||
9 | after August 1, 2002, the owner may initiate resolution of | ||||||
10 | the damage claim under this subsection by complying with | ||||||
11 | the following: | ||||||
12 | (A) Within 30 days of the date of the vehicle | ||||||
13 | emissions inspection that allegedly caused the vehicle | ||||||
14 | damage, the vehicle owner shall submit a vehicle damage | ||||||
15 | claim to the contractor at the official inspection | ||||||
16 | station at which the vehicle damage allegedly | ||||||
17 | occurred. | ||||||
18 | (B) Within 30 days of filing the claim, the owner | ||||||
19 | shall submit to the contractor any relevant | ||||||
20 | information relating to the owner's claim for vehicle | ||||||
21 | damage, including but not limited to evaluations | ||||||
22 | conducted by a claims evaluation center or automotive | ||||||
23 | repair shop meeting standards prescribed by the | ||||||
24 | Agency. | ||||||
25 | (4) The contractor shall promptly notify the Agency of | ||||||
26 | each vehicle damage claim received by the contractor under | ||||||
27 | subdivision (b)(3) and shall forward to the Agency any | ||||||
28 | additional information provided by the owner. | ||||||
29 | (5) Within 60 days after the filing of a vehicle damage | ||||||
30 | claim, the contractor shall notify the vehicle owner of its | ||||||
31 | proposed resolution of the damage claim. | ||||||
32 | (6) Within 30 days after receiving the contractor's | ||||||
33 | proposed resolution of the damage claim, the owner may | ||||||
34 | petition the Agency for a review of the adequacy and | ||||||
35 | completeness of the contractor's proposed resolution. The | ||||||
36 | petition shall be in a form specified by the Agency. |
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1 | (7) Upon receiving a petition for review, the Agency | ||||||
2 | shall request the contractor to deliver to the Agency a | ||||||
3 | copy of the contractor's proposed resolution of the damage | ||||||
4 | claim, together with all documents, videotapes, and | ||||||
5 | information relevant to the damage claim and the proposed | ||||||
6 | resolution. The contractor shall provide the requested | ||||||
7 | materials to the Agency within 15 days of receiving the | ||||||
8 | Agency's request. | ||||||
9 | (8) Within 30 days after receiving the relevant | ||||||
10 | materials from the contractor, the Agency shall review the | ||||||
11 | materials and determine whether the contractor's proposed | ||||||
12 | resolution of the damage claim is adequate and complete. | ||||||
13 | The Agency may deem the proposed resolution of the damage | ||||||
14 | claim to be adequate and complete. If the Agency does not | ||||||
15 | deem the proposed resolution of the damage claim to be | ||||||
16 | adequate and complete, it may request the contractor to | ||||||
17 | further investigate and evaluate the damage claim and | ||||||
18 | resubmit its proposed resolution of the claim. The | ||||||
19 | contractor shall then have 30 days to respond in writing to | ||||||
20 | the Agency with the results of its further evaluation of | ||||||
21 | the damage claim and its proposed resolution. | ||||||
22 | (9) The Agency shall notify the vehicle owner in | ||||||
23 | writing of the result of its review of the adequacy and | ||||||
24 | completeness of the contractor's proposed resolution of | ||||||
25 | the damage claim. Copies of all correspondence between the | ||||||
26 | Agency and the contractor relating to the damage claim | ||||||
27 | shall also be sent to the vehicle owner. | ||||||
28 | (10) If, after the Agency's review, the vehicle owner | ||||||
29 | still does not agree with all or a portion of the proposed | ||||||
30 | resolution of the damage claim by the contractor, the | ||||||
31 | vehicle owner may further pursue the damage claim through | ||||||
32 | the binding arbitration process established by the | ||||||
33 | contractor and accepted by the Agency, or in circuit court. | ||||||
34 | (11) The Agency's review of the adequacy and | ||||||
35 | completeness of the contractor's proposed resolution of a | ||||||
36 | damage claim is not binding upon the vehicle owner or the |
| |||||||
| |||||||
1 | contractor and does not affect the rights of the vehicle | ||||||
2 | owner or the contractor under law. The Agency's review of | ||||||
3 | the adequacy and completeness of the contractor's proposed | ||||||
4 | resolution of a damage claim is not a final action subject | ||||||
5 | to administrative review and is not subject to review by | ||||||
6 | the Pollution Control Board or otherwise appealable. | ||||||
7 | (625 ILCS 5/13C-45 new) | ||||||
8 | Sec. 13C-45. Contracts. | ||||||
9 | (a) The Agency may enter into contracts with one or more | ||||||
10 | responsible parties to construct and operate official | ||||||
11 | inspection stations, provide and maintain approved test | ||||||
12 | equipment, administer tests, certify results, issue emission | ||||||
13 | inspection stickers or certificates, maintain records, train | ||||||
14 | personnel, provide information to the public concerning the | ||||||
15 | program, or to otherwise further the goals of this Chapter. | ||||||
16 | (b) In preparing its proposals for bidding by potential | ||||||
17 | contractors, the Agency shall endeavor to include provisions | ||||||
18 | relating to the following factors: | ||||||
19 | (1) The demonstrated financial responsibility of the | ||||||
20 | potential contractor. | ||||||
21 | (2) The specialized experience and technical | ||||||
22 | competence of the potential contractor in connection with | ||||||
23 | the type of services required and the complexity of the | ||||||
24 | project. | ||||||
25 | (3) The potential contractor's past record of | ||||||
26 | performance on contracts with the Agency, with other | ||||||
27 | government agencies or public bodies, and with private | ||||||
28 | industry, including such items as cost, quality of work, | ||||||
29 | and ability to meet schedules. | ||||||
30 | (4) The capacity of the potential contractor to perform | ||||||
31 | the work within the time limitations. | ||||||
32 | (5) The familiarity of the potential contractor with | ||||||
33 | the types of problems applicable to the project. | ||||||
34 | (6) The potential contractor's proposed method to | ||||||
35 | accomplish the work required, including where appropriate |
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| |||||||
1 | any demonstrated capability of exploring and developing | ||||||
2 | innovative or advanced techniques and methods. | ||||||
3 | (7) Avoidance of personal and organizational conflicts | ||||||
4 | of interest prohibited under federal, State, or local law. | ||||||
5 | (8) The potential contractor's present and prior | ||||||
6 | involvement in the community and in the State of Illinois. | ||||||
7 | (625 ILCS 5/13C-50 new) | ||||||
8 | Sec. 13C-50. Costs. | ||||||
9 | (a) Except as otherwise provided in subsection (e) of | ||||||
10 | Section 13C-15, no fee shall be charged to motor vehicle owners | ||||||
11 | for obtaining inspections required under this Chapter. The | ||||||
12 | Vehicle Inspection Fund, which is a fund created in the State | ||||||
13 | treasury for the purpose of receiving moneys from the Motor | ||||||
14 | Fuel Tax Fund and other sources, shall be used, subject to | ||||||
15 | appropriation, for the payment of the costs of the program, | ||||||
16 | including reimbursement of those agencies of the State that | ||||||
17 | incur expenses in the administration or enforcement of the | ||||||
18 | program. The Vehicle Inspection Fund shall continue in | ||||||
19 | existence notwithstanding the repeal of Chapter 13B. Any money | ||||||
20 | in the Vehicle Inspection Fund on February 1, 2007, shall be | ||||||
21 | used for the purposes set forth in this Chapter. | ||||||
22 | (b) The Agency may acquire, own, maintain, operate, sell, | ||||||
23 | lease and otherwise transfer real and personal property and | ||||||
24 | interests in real and personal property for the purpose of | ||||||
25 | creating or operating inspection stations and for any other | ||||||
26 | purpose relating to the administration of this Chapter, and may | ||||||
27 | use money from the Vehicle Inspection Fund for these purposes. | ||||||
28 | (625 ILCS 5/13C-55 new) | ||||||
29 | Sec. 13C-55. Enforcement. | ||||||
30 | (a) The Agency shall cooperate in the enforcement of this | ||||||
31 | Chapter by (i) identifying probable violations through | ||||||
32 | computer matching of vehicle registration records and | ||||||
33 | inspection records; (ii) sending one notice to each suspected | ||||||
34 | violator identified through such matching, stating that |
| |||||||
| |||||||
1 | registration and inspection records indicate that the vehicle | ||||||
2 | owner has not complied with this Chapter; (iii) directing the | ||||||
3 | vehicle owner to notify the Agency or the Secretary of State if | ||||||
4 | he or she has ceased to own the vehicle or has changed | ||||||
5 | residence; and (iv) advising the vehicle owner of the | ||||||
6 | consequences of violating this Chapter. | ||||||
7 | The Agency shall cooperate with the Secretary of State in | ||||||
8 | the administration of this Chapter and the related provisions | ||||||
9 | of Chapter 3, and shall provide the Secretary of State with | ||||||
10 | such information as the Secretary of State may deem necessary | ||||||
11 | for these purposes, including regular and timely access to | ||||||
12 | vehicle inspection records. | ||||||
13 | The Secretary of State shall cooperate with the Agency in | ||||||
14 | the administration of this Chapter and shall provide the Agency | ||||||
15 | with such information as the Agency may deem necessary for the | ||||||
16 | purposes of this Chapter, including regular and timely access | ||||||
17 | to vehicle registration records. Section 2-123 of this Code | ||||||
18 | does not apply to the provision of this information. | ||||||
19 | (b) The Secretary of State shall suspend either the driving | ||||||
20 | privileges or the vehicle registration, or both, of any vehicle | ||||||
21 | owner who has not complied with this Chapter, if (i) the | ||||||
22 | vehicle owner has failed to satisfactorily respond to the one | ||||||
23 | notice sent by the Agency under subsection (a), and (ii) the | ||||||
24 | Secretary of State has mailed the vehicle owner a notice that | ||||||
25 | the suspension will be imposed if the owner does not comply | ||||||
26 | within a stated period, and the Secretary of State has not | ||||||
27 | received satisfactory evidence of compliance within that | ||||||
28 | period. The Secretary of State shall send this notice only | ||||||
29 | after receiving a statement from the Agency that the vehicle | ||||||
30 | owner has failed to comply with this Section. Notice shall be | ||||||
31 | effective as specified in subsection (c) of Section 6-211 of | ||||||
32 | this Code. | ||||||
33 | A suspension under this subsection shall not be terminated | ||||||
34 | until satisfactory proof of compliance has been submitted to | ||||||
35 | the Secretary of State. No driver's license or permit, or | ||||||
36 | renewal of a license or permit, may be issued to a person whose |
| |||||||
| |||||||
1 | driving privileges have been suspended under this Section until | ||||||
2 | the suspension has been terminated. No vehicle registration or | ||||||
3 | registration plate that has been suspended under this Section | ||||||
4 | may be reinstated or renewed, or transferred by the owner to | ||||||
5 | any other vehicle, until the suspension has been terminated. | ||||||
6 | (625 ILCS 5/13C-60 new) | ||||||
7 | Sec. 13C-60. Other offenses. | ||||||
8 | (a) Any person who knowingly displays an emission | ||||||
9 | inspection sticker or exemption sticker on any vehicle other | ||||||
10 | than the one for which the sticker was lawfully issued in | ||||||
11 | accordance with the provisions of this Chapter, or duplicates, | ||||||
12 | alters, uses, possesses, issues, or distributes any emission | ||||||
13 | inspection sticker, exemption sticker, inspection certificate, | ||||||
14 | or facsimile thereof, except in accordance with the provisions | ||||||
15 | of this Chapter and the rules and regulations adopted | ||||||
16 | hereunder, is guilty of a Class C misdemeanor. | ||||||
17 | (b) A vehicle owner shall pay a monetary fine equivalent to | ||||||
18 | the test fee plus the applicable waiver repair expenditure for | ||||||
19 | the continued operation of a noncomplying vehicle beyond 4 | ||||||
20 | months past the expiration of the vehicle emission inspection | ||||||
21 | certificate. Any fines collected under this Section shall be | ||||||
22 | divided equally between the local jurisdiction issuing the | ||||||
23 | citation and the Vehicle Inspection Fund. | ||||||
24 | (625 ILCS 5/13C-75 new) | ||||||
25 | Sec. 13C-75. Home rule. The vehicle emission inspection | ||||||
26 | program created by this Chapter is hereby declared to be the | ||||||
27 | subject of exclusive State jurisdiction. Pursuant to | ||||||
28 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
29 | Constitution, the exercise by a home rule unit of any power | ||||||
30 | that is inconsistent with this Chapter is hereby specifically | ||||||
31 | denied and preempted.
|