Full Text of SB1294 98th General Assembly
SB1294 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1294 Introduced 2/5/2013, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/13-109 | from Ch. 95 1/2, par. 13-109 |
625 ILCS 5/13-110 | from Ch. 95 1/2, par. 13-110 |
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Amends the Illinois Vehicle Code. Changes the requirement that second division vehicles be subject to safety inspections from once every six months to once every twelve months. Increases the cost of safety certificates from $1 to $2. Effective January 1, 2014.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 13-109 and 13-110 as follows:
| 6 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| 7 | | Sec. 13-109. Safety test prior to application for
license - | 8 | | Subsequent tests - Repairs - Retest. | 9 | | (a) Except as otherwise provided in Chapter 13, each second | 10 | | division
vehicle, first division vehicle including a taxi which | 11 | | is used for a purpose that requires a school bus driver permit, | 12 | | and medical transport vehicle, except those vehicles other than
| 13 | | school buses or medical transport vehicles owned or operated by | 14 | | a municipal
corporation or political subdivision having a | 15 | | population of 1,000,000 or
more inhabitants which are subjected | 16 | | to safety tests imposed by local
ordinance or resolution, | 17 | | operated in whole or in part over the highways
of this State, | 18 | | motor vehicle used for driver education training, and each | 19 | | vehicle designed to carry 15 or fewer passengers
operated by a | 20 | | contract carrier transporting employees in the course of
their | 21 | | employment
on a highway of this State, shall be subjected to | 22 | | the safety
test provided for in Chapter
13 of this Code. Tests | 23 | | shall be conducted at an official testing station
within 6 |
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| 1 | | months prior to the application for registration as provided
| 2 | | for in this Code. Subsequently each vehicle shall be subject to | 3 | | tests (i) at
least every 12 6 months, (ii) in the case of | 4 | | school buses and first division vehicles including taxis which | 5 | | are used for a purpose that requires a school bus driver | 6 | | permit, at least every 6
months or 10,000 miles, whichever | 7 | | occurs first, or (iii) in the case of driver education vehicles | 8 | | used by public high schools, at least every 12 months for | 9 | | vehicles over 5 model years of age or having an odometer | 10 | | reading of over 75,000 miles, whichever occurs first, and | 11 | | according to
schedules established by rules and regulations | 12 | | promulgated by the
Department. Any component subject to regular | 13 | | inspection which is
damaged in a reportable accident must be | 14 | | reinspected before the bus or first division vehicle including | 15 | | a taxi which is used for a purpose that requires a school bus | 16 | | driver permit is
returned to service.
| 17 | | (b) The Department shall also conduct periodic | 18 | | nonscheduled inspections
of school buses, of buses registered | 19 | | as charitable vehicles and of
religious organization buses. If | 20 | | such inspection reveals that a vehicle is
not in substantial | 21 | | compliance with the rules promulgated by the Department,
the | 22 | | Department shall remove the Certificate of Safety from the | 23 | | vehicle, and
shall place the vehicle out-of-service. A bright | 24 | | orange, triangular decal
shall be placed on an out-of-service | 25 | | vehicle where the Certificate of
Safety has been removed. The | 26 | | vehicle must pass a safety test at an
official testing station |
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| 1 | | before it is again placed in service.
| 2 | | (c) If the violation is not substantial a bright yellow, | 3 | | triangular
sticker shall be placed next to the Certificate of | 4 | | Safety at the time the
nonscheduled inspection is made. The | 5 | | Department shall reinspect the
vehicle after 3 working days to | 6 | | determine that the violation has been
corrected and remove the | 7 | | yellow, triangular decal. If the violation is not
corrected | 8 | | within 3 working days, the Department shall place the vehicle
| 9 | | out-of-service in accordance with procedures in subsection | 10 | | (b).
| 11 | | (d) If a violation is not substantial and does not directly | 12 | | affect the
safe operation of the vehicle, the Department shall | 13 | | issue a warning notice
requiring correction of the violation. | 14 | | Such correction shall be
accomplished as soon as practicable | 15 | | and a report of the correction shall be
made to the Department | 16 | | within 30 days in a manner established by the
Department. If | 17 | | the Department has not been advised that the corrections
have | 18 | | been made, and the violations still exist, the Department shall | 19 | | place
the vehicle out-of-service in accordance with procedures | 20 | | in subsection
(b).
| 21 | | (e) The Department is authorized to promulgate regulations | 22 | | to implement its
program of nonscheduled inspections. Causing | 23 | | or allowing the operation of
an out-of-service vehicle with | 24 | | passengers or unauthorized removal of an
out-of-service | 25 | | sticker is a Class 3 felony. Causing or allowing the
operation | 26 | | of a vehicle with a 3-day sticker for longer than 3 days with |
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| 1 | | the
sticker attached or the unauthorized removal of a 3-day | 2 | | sticker is a Class C
misdemeanor.
| 3 | | (f) If a second division vehicle, first division vehicle | 4 | | including a taxi which is used for a purpose that requires a | 5 | | school bus driver permit, medical transport vehicle, or
vehicle | 6 | | operated by a contract carrier as provided in subsection (a) of | 7 | | this
Section is in safe
mechanical condition, as determined | 8 | | pursuant to Chapter 13, the operator of
the official testing | 9 | | station must at once issue to the second division
vehicle, | 10 | | first division vehicle including a taxi which is used for a | 11 | | purpose that requires a school bus driver permit, or medical | 12 | | transport vehicle a certificate of safety, in the form
and | 13 | | manner prescribed by the Department, which shall be affixed to | 14 | | the
vehicle by the certified safety tester who performed the | 15 | | safety tests. The
owner of the second division vehicle, first | 16 | | division vehicle including a taxi which is used for a purpose | 17 | | that requires a school bus driver permit, or medical transport | 18 | | vehicle or the
contract carrier shall at
all times display the | 19 | | Certificate of Safety on the second division vehicle, first | 20 | | division vehicle including a taxi which is used for a purpose | 21 | | that requires a school bus driver permit, medical transport | 22 | | vehicle, or vehicle operated by a contract carrier
in the | 23 | | manner prescribed by the Department.
| 24 | | (g) If a test shows that a second division vehicle, first | 25 | | division vehicle including a taxi which is used for a purpose | 26 | | that requires a school bus driver permit, medical
transport
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| 1 | | vehicle, or vehicle operated by a contract carrier is not in | 2 | | safe
mechanical condition as provided in this Section, it
shall | 3 | | not be operated on the highways until it has been repaired and
| 4 | | submitted to a retest at an official testing station. If the | 5 | | owner or
contract carrier submits
the vehicle to a retest at
a
| 6 | | different official testing station from that where it failed to | 7 | | pass the
first test, he or she shall present to the operator of | 8 | | the second station the
report of the original test, and shall | 9 | | notify the Department in writing,
giving the name and address | 10 | | of the original testing station and the defects
which prevented | 11 | | the issuance of a Certificate of Safety, and the name and
| 12 | | address of the second official testing station making the | 13 | | retest.
| 14 | | (Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
| 15 | | (625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110)
| 16 | | Sec. 13-110. Certificate of safety. (a) Certificates of | 17 | | Safety shall be
in contrasting colors, with a number on the | 18 | | face of the Certificate indicating
the month of the next | 19 | | inspection period the vehicle is subject to inspection.
| 20 | | Certificates for school buses shall also indicate the mileage | 21 | | at which the
school bus shall be subject to inspection if it | 22 | | occurs before the next regular
inspection period. The colors of | 23 | | Certificates of Safety shall be prescribed
by the Department.
| 24 | | (b) Certificates of Safety, which remain the property of | 25 | | the State of
Illinois, will be provided to Official Testing |
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| 1 | | Stations by the Department
at the fee of $2 $1 each. | 2 | | Certificates of Safety which remain
unused at the end of each | 3 | | inspection period will be redeemed for the same
amount in a | 4 | | manner prescribed by the Department.
| 5 | | (c) Nothing in this Chapter shall be construed as a | 6 | | suggestion or direction
to any owner to require him to have any | 7 | | repairs made or any work done by
any official testing station, | 8 | | but all tests must be made at an official
testing station to | 9 | | secure the issuance of a certificate of safety, and no
| 10 | | certificate of safety issued by any other than an official | 11 | | testing station
shall be deemed a compliance with this Chapter.
| 12 | | (Source: P.A. 83-311.)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2014.
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