Full Text of HB3256 97th General Assembly
HB3256enr 97TH GENERAL ASSEMBLY |
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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 Alternate Fuels Act is amended by changing | 5 | | Section 35 as follows:
| 6 | | (415 ILCS 120/35)
| 7 | | Sec. 35. User fees.
| 8 | | (a) The Office of
the Secretary of State shall collect | 9 | | annual user fees from any individual,
partnership, | 10 | | association, corporation, or agency of the United States
| 11 | | government that registers any combination of 10 or more of the | 12 | | following types
of motor vehicles in the Covered Area: (1) | 13 | | vehicles of the First Division,
as defined in the Illinois | 14 | | Vehicle Code; (2) vehicles of the Second Division
registered | 15 | | under the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as
| 16 | | defined in the Illinois Vehicle Code; and (3) commuter vans and | 17 | | livery vehicles
as defined in the Illinois Vehicle Code. This | 18 | | Section does not apply to
vehicles registered under the | 19 | | International Registration Plan under Section
3-402.1 of the | 20 | | Illinois Vehicle Code. The user fee shall be $20 for each
| 21 | | vehicle registered in the Covered Area for each fiscal year. | 22 | | The Office of
the Secretary of State shall collect the $20 when | 23 | | a vehicle's registration
fee is paid.
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| 1 | | (b) Owners of State, county, and local government
vehicles, | 2 | | rental vehicles, antique vehicles, expanded-use antique | 3 | | vehicles, electric vehicles,
and motorcycles are exempt from | 4 | | paying the user fees on such
vehicles.
| 5 | | (c) The Office of the Secretary of State shall deposit the | 6 | | user fees
collected into the Alternate Fuels Fund.
| 7 | | (Source: P.A. 92-858, eff. 1-3-03; 93-32, eff. 7-1-03.)
| 8 | | Section 10. The Illinois Vehicle Code is amended by adding | 9 | | Sections 1-118.1 and 3-804.01 and changing Sections 3-112.1, | 10 | | 3-806, 4-209, 12-205, 12-208, 12-301, 12-501, 12-608, 13-101, | 11 | | and 13C-15 as follows: | 12 | | (625 ILCS 5/1-118.1 new) | 13 | | Sec. 1-118.1. Expanded-use antique vehicle. | 14 | | A motor vehicle that is more than 25 years of age or a bona | 15 | | fide replica
thereof and which is registered and driven on the | 16 | | highways in accordance with Section 3-804.01.
| 17 | | (625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
| 18 | | Sec. 3-112.1. Odometer.
| 19 | | (a) All titles issued by the Secretary of State
beginning | 20 | | January, 1990, shall provide for an odometer
certification | 21 | | substantially as follows:
| 22 | | "I certify to the best of my knowledge that the odometer | 23 | | reading is and
reflects the actual mileage of the vehicle |
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| 1 | | unless one of the following
statements is checked.
| 2 | | ...................
| 3 | | ( ) 1. The mileage stated is in excess of its mechanical | 4 | | limits.
| 5 | | ( ) 2. The odometer reading is not the actual mileage.
| 6 | | Warning - Odometer Discrepancy."
| 7 | | (b) When executing any transfer of title which contains the | 8 | | odometer
certification as described in paragraph (a) above, | 9 | | each transferor of a motor
vehicle must supply on the title | 10 | | form the following information:
| 11 | | (1) The odometer reading at the time of transfer and an | 12 | | indication if
the mileage is in excess of its mechanical | 13 | | limits or if it is not the
actual mileage;
| 14 | | (2) The date of transfer;
| 15 | | (3) The transferor's printed name and signature; and
| 16 | | (4) The transferee's printed name and address.
| 17 | | (c) The transferee must sign on the title form indicating | 18 | | that he or
she is aware of the odometer certification made by | 19 | | the transferor.
| 20 | | (d) The transferor will not be required to disclose the
| 21 | | current odometer reading and the transferee will not have to | 22 | | acknowledge
such disclosure under the following circumstances:
| 23 | | (1) A vehicle having a Gross Vehicle Weight Rating of | 24 | | more than 16,000
pounds;
| 25 | | (2) A vehicle that is not self-propelled;
| 26 | | (3) A vehicle that is 10 years old or older;
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| 1 | | (4) A vehicle sold directly by the manufacturer to any | 2 | | agency of the
United States; and
| 3 | | (5) A vehicle manufactured without an odometer.
| 4 | | (e) When the transferor signs the title transfer such | 5 | | transferor
acknowledges that he or she is aware that Federal | 6 | | regulations and State law
require him or her to state the | 7 | | odometer mileage upon transfer of ownership.
An inaccurate or | 8 | | untruthful statement with intent to defraud subjects the
| 9 | | transferor to liability for damages to the transferee pursuant | 10 | | to the federal
Motor Vehicle Information and Cost Act of 1972, | 11 | | P.L. 92-513 as amended by P.L.
94-364. No transferor shall be | 12 | | liable for damages as provided under this
Section who transfers | 13 | | title to a motor vehicle which has an odometer reading
that has | 14 | | been altered or tampered with by a previous owner, unless that
| 15 | | transferor knew or had reason to know of such alteration or | 16 | | tampering and sold
such vehicle with an intent to defraud. A | 17 | | cause of action is hereby created by
which any person who, with | 18 | | intent to defraud, violates any requirement imposed
under this | 19 | | Section shall be liable in an amount equal to the sum of:
| 20 | | (1) three times the amount of actual damages sustained | 21 | | or $1,500,
whichever is the greater; and
| 22 | | (2) in the case of any successful action to enforce the | 23 | | foregoing
liability, the costs of the action together with | 24 | | reasonable attorney fees as
determined by the court.
| 25 | | Any recovery based on a cause of action under this Section | 26 | | shall be offset
by any recovery made pursuant to the federal |
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| 1 | | Motor Vehicle Information and
Cost Savings Act of 1972.
| 2 | | (f) The provisions of this Section shall not apply to any | 3 | | motorcycle,
motor driven cycle, moped , or antique vehicle , or | 4 | | expanded-use antique vehicle .
| 5 | | (g) The Secretary of State may adopt rules and regulations | 6 | | providing
for a transition period for all non-conforming | 7 | | titles.
| 8 | | (Source: P.A. 91-357, eff. 7-29-99; 92-651, eff. 7-11-02.)
| 9 | | (625 ILCS 5/3-804.01 new) | 10 | | Sec. 3-804.01. Expanded-use antique vehicles. | 11 | | (a) The owner of a motor vehicle that is more than 25 years | 12 | | of age or a bona fide replica
thereof may register the vehicle | 13 | | as an expanded-use antique vehicle. In addition to the | 14 | | appropriate registration and renewal fees, the fee for | 15 | | expanded-use antique vehicle registration and renewal shall be | 16 | | $45 per year. The application for
registration must be | 17 | | accompanied by an affirmation of
the owner that: | 18 | | (1) from January 1 through March 31 and from November 1 | 19 | | through December 31, the vehicle will be driven on the | 20 | | highways only for the purpose
of going to and returning | 21 | | from an antique auto show or an exhibition, or
for | 22 | | servicing or demonstration; and | 23 | | (2) the mechanical
condition, physical condition, | 24 | | brakes, lights, glass, and appearance of such
vehicle is | 25 | | the same or as safe as originally equipped. |
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| 1 | | From April 1 through October 31, a vehicle registered as an | 2 | | expanded-use antique vehicle may be driven on the highways | 3 | | without being subject to the restrictions set forth in | 4 | | subdivision (1). The Secretary may prescribe,
in the | 5 | | Secretary's discretion, that expanded-use antique vehicle | 6 | | plates be issued for a
definite or an indefinite term, such | 7 | | term to correspond to the term of
registration plates issued | 8 | | generally, as provided in Section 3-414.1. Any person | 9 | | requesting expanded-use antique vehicle plates under this | 10 | | Section
may also apply to have vanity or personalized plates as | 11 | | provided under
Section 3-405.1. | 12 | | (b) Any person who is the registered owner of an | 13 | | expanded-use antique vehicle may
display a historical license | 14 | | plate from or representing the model year of
the vehicle, | 15 | | furnished by such person, in lieu of the current and valid
| 16 | | Illinois expanded-use antique vehicle plates issued thereto, | 17 | | provided that the valid and
current Illinois expanded-use | 18 | | antique vehicle plates and registration card issued to
the | 19 | | expanded-use antique vehicle are simultaneously carried within | 20 | | the vehicle and are
available for inspection. | 21 | | (c) The Secretary may credit a pro-rated portion of a fee | 22 | | previously paid for an antique vehicle registration under | 23 | | Section 3-804 to an owner who applies to have that vehicle | 24 | | registered as an expanded-use antique vehicle instead of an | 25 | | antique vehicle.
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| 1 | | (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
| 2 | | Sec. 3-806. Registration Fees; Motor Vehicles of the First
| 3 | | Division. Every owner of any other motor vehicle of the first
| 4 | | division, except as provided in Sections 3-804, 3-804.01, | 5 | | 3-805, 3-806.3, 3-806.7, and 3-808,
and every second division | 6 | | vehicle weighing 8,000 pounds or less,
shall pay the Secretary | 7 | | of State an annual registration fee
at the following rates:
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8 | | SCHEDULE OF REGISTRATION FEES |
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9 | | REQUIRED BY LAW |
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10 | | Beginning with the 2010 registration year |
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11 | | |
Annual |
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12 | | |
Fee |
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13 | | Motor vehicles of the first |
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14 | | division other than |
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15 | | Motorcycles, Motor Driven |
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16 | | Cycles and Pedalcycles |
$98 |
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17 | | Motorcycles, Motor Driven |
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18 | | Cycles and Pedalcycles |
38 |
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19 | | Beginning with the 2010 registration year a $1 surcharge | 20 | | shall be collected in addition to the above fees for motor | 21 | | vehicles of the first division, motorcycles, motor driven | 22 | | cycles, and pedalcycles to be deposited into the State Police | 23 | | Vehicle Fund.
| 24 | | All of the proceeds of the additional fees imposed by | 25 | | Public Act 96-34 shall be deposited into the Capital Projects |
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| 1 | | Fund. | 2 | | (Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09; | 3 | | 96-747, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 4 | | (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
| 5 | | Sec. 4-209.
Disposal of unclaimed vehicles more than 7 | 6 | | years of age;
disposal of abandoned or unclaimed vehicles | 7 | | without notice.
| 8 | | (a) When the identity of the registered owner, lienholder, | 9 | | or
other legally entitled persons of an abandoned, lost, or | 10 | | unclaimed
vehicle of 7 years of age or newer cannot be | 11 | | determined by any means
provided for in this Chapter, the | 12 | | vehicle may be sold as provided in
Section 4-208 without notice | 13 | | to any person whose identity cannot be determined.
| 14 | | (b) When an abandoned vehicle of more than 7 years of age | 15 | | is
impounded as specified by this Chapter, or when any such | 16 | | vehicle is towed at
the request or with the consent of the | 17 | | owner or operator and is subsequently
abandoned, it will be | 18 | | kept in custody or storage for a
minimum of 10 days for the | 19 | | purpose of determining the identity of the
registered owner, | 20 | | lienholder, or other legally entitled persons
and contacting | 21 | | the registered owner, lienholder, or other legally entitled
| 22 | | persons by the U. S. Mail, public service or
in person for a | 23 | | determination of disposition; and, an examination of the
State | 24 | | Police stolen vehicle files for theft and wanted information. | 25 | | At
the expiration of the 10 day period, without the benefit of |
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| 1 | | disposition
information being received from the registered | 2 | | owner,
lienholder, or other legally entitled persons, the | 3 | | vehicle may be disposed of
in either of the following ways:
| 4 | | (1) The law enforcement agency having jurisdiction | 5 | | will authorize the
disposal of the vehicle as junk or | 6 | | salvage.
| 7 | | (2) The towing service may sell the vehicle in the | 8 | | manner provided in
Section 4-208 of this Code, provided | 9 | | that this paragraph (2) shall not apply to
vehicles towed | 10 | | by order or authorization of a law enforcement agency.
| 11 | | (c) A vehicle classified as an antique vehicle, | 12 | | expanded-use antique vehicle, custom vehicle, or
street rod may | 13 | | however be sold
to a person desiring to restore it.
| 14 | | (Source: P.A. 92-668, eff. 1-1-03.)
| 15 | | (625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
| 16 | | Sec. 12-205. Lamps on other vehicles and equipment. Every | 17 | | vehicle, including animal drawn vehicles, referred to in | 18 | | paragraph
(b) of Section 12-101, not specifically required by | 19 | | the provisions of this
Article to be equipped with lamps or | 20 | | other lighting devices, shall at all
times specified in Section | 21 | | 12-201 of this Act be equipped with at least 2
lamps on the | 22 | | power or towing unit, displaying a white light visible
from a | 23 | | distance of not less than
1,000 feet to the front of such | 24 | | vehicle and shall also be equipped with 2
lamps each displaying | 25 | | a red light visible from a distance of not less
than 1,000 feet |
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| 1 | | to the rear of such vehicle.
| 2 | | Where the towed unit or any load thereon partially or | 3 | | totally obscures
the 2 lamps displaying red light to the rear | 4 | | of the towing unit, the
rearmost towed unit shall be equipped | 5 | | with 2 lamps displaying red light
visible from a distance of | 6 | | not less than 1,000 feet to the rear of such
towed unit which | 7 | | are positioned in such a manner as to not obstruct the
| 8 | | visibility of the red light to any vehicle operator approaching | 9 | | from the
rear of such vehicle or combination of vehicles.
| 10 | | Where the 2 lamps displaying red light are not obscured by | 11 | | the towed unit
or its load, then either towing unit or towed | 12 | | unit, or both, may be
equipped with the 2 lamps displaying red | 13 | | light as required.
| 14 | | The preceding paragraph does not apply to antique vehicles, | 15 | | expanded-use antique vehicles, custom
vehicles, or street | 16 | | rods. An antique
vehicle or expanded-use antique vehicle shall | 17 | | be equipped with lamps
of the
same type originally installed
by | 18 | | the manufacturer as original equipment and in working order.
| 19 | | (Source: P.A. 92-668, eff. 1-1-03.)
| 20 | | (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
| 21 | | Sec. 12-208. Signal lamps and signal devices.
| 22 | | (a) Every vehicle other than an antique vehicle displaying | 23 | | an antique
plate or an expanded-use antique vehicle displaying | 24 | | expanded-use antique vehicle plates operated in this State | 25 | | shall be equipped with a stop lamp or lamps on
the rear of the |
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| 1 | | vehicle which shall display a red or amber light visible
from a | 2 | | distance of not less than 500 feet to the rear in normal | 3 | | sunlight
and which shall be actuated upon application of the | 4 | | service (foot) brake,
and which may but need not be | 5 | | incorporated with other rear lamps. During
times when lighted | 6 | | lamps are not required, an antique vehicle or an expanded-use | 7 | | antique vehicle may be
equipped with a stop lamp or lamps on | 8 | | the rear of such vehicle of the same
type originally installed | 9 | | by the manufacturer as original equipment and in
working order. | 10 | | However, at all other times, except as provided in subsection
| 11 | | (a-1), such antique vehicle or expanded-use antique vehicle | 12 | | must be
equipped with stop lamps meeting the requirements of | 13 | | Section 12-208 of this
Act.
| 14 | | (a-1) An antique vehicle or an expanded-use antique | 15 | | vehicle , including an antique motorcycle, may display a blue | 16 | | light or lights of up to one
inch in diameter as part of the | 17 | | vehicle's rear stop lamp or lamps.
| 18 | | (b) Every motor vehicle other than an antique vehicle | 19 | | displaying an
antique plate or an expanded-use antique vehicle | 20 | | displaying expanded-use antique vehicle plates shall be | 21 | | equipped with an electric turn signal device which
shall | 22 | | indicate the intention of the driver to turn to the right or to | 23 | | the
left in the form of flashing lights located at and showing | 24 | | to the front and
rear of the vehicle on the side of the vehicle | 25 | | toward which the turn is to
be made. The lamps showing to the | 26 | | front shall be mounted on the same level
and as widely spaced |
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| 1 | | laterally as practicable and, when signaling, shall
emit a | 2 | | white or amber light, or any shade of light between white and | 3 | | amber.
The lamps showing to the rear shall be mounted on the | 4 | | same level and as
widely spaced laterally as practicable and, | 5 | | when signaling, shall emit a
red or amber light. An antique | 6 | | vehicle or expanded-use antique vehicle shall be equipped with | 7 | | a turn signal
device of the same type originally installed by | 8 | | the manufacturer as
original equipment and in working order.
| 9 | | (c) Every trailer and semitrailer shall be equipped with an | 10 | | electric
turn signal device which indicates the intention of | 11 | | the driver in the power
unit to turn to the right or to the left | 12 | | in the form of flashing red or
amber lights located at the rear | 13 | | of the vehicle on the side toward which
the turn is to be made | 14 | | and mounted on the same level and as widely spaced
laterally as | 15 | | practicable.
| 16 | | (d) Turn signal lamps must be visible from a distance of | 17 | | not less than
300 feet in normal sunlight.
| 18 | | (e) Motorcycles and motor-driven cycles need not be | 19 | | equipped with
electric turn signals. Antique vehicles and | 20 | | expanded-use antique vehicles need not be equipped with turn
| 21 | | signals unless such were installed by the manufacturer as | 22 | | original
equipment.
| 23 | | (f) (Blank).
| 24 | | (Source: P.A. 96-487, eff. 1-1-10.)
| 25 | | (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
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| 1 | | Sec. 12-301. Brakes.
| 2 | | (a) Brake equipment required.
| 3 | | 1. Every motor vehicle,
other than a motor-driven | 4 | | cycle , and an antique vehicle displaying an
antique plate , | 5 | | and an expanded-use antique vehicle displaying | 6 | | expanded-use antique vehicle plates , when operated upon a | 7 | | highway shall be equipped with brakes
adequate to control | 8 | | the movement of and to stop and hold such vehicle,
| 9 | | including 2 separate means of applying the brakes, each of | 10 | | which means
shall be effective to apply the brakes to at | 11 | | least one wheel on a
motorcycle and at least 2 wheels on | 12 | | all other first division and second
division vehicles. If | 13 | | these 2 separate means of applying the brakes are
connected | 14 | | in any way, they shall be so constructed that failure of | 15 | | any one
part of the operating mechanism shall not leave the | 16 | | motor vehicle without
brakes.
| 17 | | 2. Every motor-driven cycle when operated upon a | 18 | | highway shall be
equipped with at least one brake which may | 19 | | be operated by hand or foot.
| 20 | | 3. Every antique vehicle shall be equipped with the | 21 | | brakes of the
same type originally installed by the | 22 | | manufacturer as original equipment
and in working order.
| 23 | | 4. Except as provided in paragraph 4.1, every trailer | 24 | | or semitrailer
of a gross weight of over 3,000 pounds,
when | 25 | | operated upon a highway must be equipped with brakes | 26 | | adequate
to control the movement of, to stop and to hold |
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| 1 | | such vehicle, and
designed so as to be operable by the | 2 | | driver of the towing vehicle from
its cab. Such brakes must | 3 | | be so designed and connected that in case of
an accidental | 4 | | breakaway of a towed vehicle over 5,000 pounds, the
brakes | 5 | | are automatically applied.
| 6 | | 4.1. Every boat trailer
of a gross weight of over 3,000 | 7 | | pounds,
when operated upon a highway, must be equipped with | 8 | | brakes adequate
to control the movement of, to stop, and to | 9 | | hold that boat trailer.
The brakes must be designed to | 10 | | ensure that, in case of
an accidental breakaway of a towed | 11 | | boat trailer over 5,000 pounds, the
brakes are | 12 | | automatically applied.
| 13 | | 5. Every motor vehicle, expanded-use antique vehicle, | 14 | | trailer, pole trailer or semitrailer, sold
in this State or | 15 | | operated upon the highways shall be equipped with
service | 16 | | brakes upon all wheels of every such vehicle, except any
| 17 | | motor-driven cycle, and except that any trailer, pole | 18 | | trailer or
semitrailer 3,000 pounds gross weight or less | 19 | | need not be equipped
with brakes, and except that any | 20 | | trailer or semitrailer with gross
weight over 3,000 pounds | 21 | | but under 5,001 pounds need be equipped with
brakes on only | 22 | | one wheel on each side of the vehicle. Any motor vehicle
| 23 | | and truck tractor having 3 or more axles and manufactured | 24 | | prior to July
25, 1980 need not have brakes on the front | 25 | | wheels, except when such
vehicles are equipped with at | 26 | | least 2 steerable axles, the wheels of one
such axle need |
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| 1 | | not be equipped with brakes. However, a vehicle that is | 2 | | more
than 30 years of age and which is driven on the | 3 | | highways only in going to
and returning from an antique | 4 | | auto show or for servicing or for a
demonstration need be | 5 | | equipped with 2 wheel brakes only.
| 6 | | (b) Performance ability of brakes.
| 7 | | 1. The service brakes upon any
motor vehicle or | 8 | | combination of vehicles operating on a level surface
shall | 9 | | be adequate to stop such vehicle or vehicles when traveling | 10 | | 20
miles per hour within a distance of 30 feet when upon | 11 | | dry asphalt or
concrete pavement surface free from loose | 12 | | material.
| 13 | | 2. Under the above conditions the hand brake shall be | 14 | | adequate to
stop such vehicle or vehicles, except any | 15 | | motorcycle, within a distance
of 55 feet and the hand brake | 16 | | shall be adequate to hold such vehicle or
vehicles | 17 | | stationary on any grade upon which operated.
| 18 | | 3. Under the above conditions the service brakes upon | 19 | | an antique
vehicle or expanded-use antique vehicle shall be | 20 | | adequate to stop the vehicle within a distance of 40
feet | 21 | | and the hand brake adequate to stop the vehicle within a | 22 | | distance
of 55 feet.
| 23 | | 4. All braking distances specified in this Section | 24 | | apply to all
vehicles mentioned, whether such vehicles are | 25 | | unloaded or are loaded to
the maximum capacity permitted | 26 | | under this Act.
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| 1 | | 5. All brakes shall be maintained in good working order | 2 | | and shall be
so adjusted as to operate as equally as | 3 | | practicable with respect to the
wheels on opposite sides of | 4 | | the vehicle.
| 5 | | 6. Brake assembly requirements for mobile homes shall | 6 | | be the standards
required by the United States Department | 7 | | of Housing and Urban Development
adopted under Title VI of | 8 | | the Housing and Community Development Act of 1974.
| 9 | | (c) (Blank).
| 10 | | (Source: P.A. 96-487, eff. 1-1-10.)
| 11 | | (625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
| 12 | | Sec. 12-501.
Windshields and
safety glazing material in | 13 | | motor vehicles.
| 14 | | (a) Every motor vehicle operated upon the highways of this | 15 | | State shall
be equipped with a front windshield which complies | 16 | | with those standards as
established pursuant to this Section | 17 | | and Section 12-503 of this Code. This
subsection shall not | 18 | | apply to motor vehicles designed and used exclusively
for | 19 | | off-highway use, motorcycles, motor-driven cycles, motorized
| 20 | | pedalcycles, nor to motor vehicles registered as antique | 21 | | vehicles, expanded-use antique vehicles, custom
vehicles, or | 22 | | street rods when the
original design of such vehicles did not | 23 | | include front windshields.
| 24 | | (b) No person shall knowingly sell any 1936 or later model | 25 | | motor vehicle
unless such vehicle is equipped with safety |
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| 1 | | glazing material conforming to
specifications prescribed by | 2 | | the Department wherever glazing material is
used in doors, | 3 | | windows and windshields.
Regulations promulgated by the | 4 | | Department specifying standards for safety
glazing material on | 5 | | windshields shall, as a minimum, conform with those
applicable
| 6 | | Federal Motor Vehicles Safety Standards (49 CFR 571.205).
These | 7 | | provisions apply to all motor
vehicles of the first and second | 8 | | division but with respect to trucks,
including truck tractors, | 9 | | the requirements as to safety glazing material
apply to all | 10 | | glazing material used in doors, windows and windshields in the
| 11 | | drivers' compartments of such vehicles.
| 12 | | (c) It is unlawful for the owner or any other person | 13 | | knowingly to
install or cause to be installed in any motor | 14 | | vehicle any glazing material
other than safety glazing material | 15 | | conforming to the specifications
prescribed by the Department.
| 16 | | (Source: P.A. 92-668, eff. 1-1-03.)
| 17 | | (625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
| 18 | | Sec. 12-608. Bumpers.
| 19 | | (a) It shall be unlawful to operate any motor
vehicle with | 20 | | a gross vehicle weight rating of 9,000 pounds or less or
any | 21 | | motor vehicle registered as a recreational vehicle under this | 22 | | Code
on any highway of this State unless such motor vehicle is | 23 | | equipped with
both a front and rear bumper.
| 24 | | Except as indicated below, maximum bumper heights of such | 25 | | motor vehicles
shall be determined by weight category of gross |
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| 1 | | vehicle weight rating (GVWR)
measured from a level surface to | 2 | | the highest point of the bottom of the
bumper when the vehicle | 3 | | is unloaded and the tires are inflated to the
manufacturer's | 4 | | recommended pressure.
| 5 | | Maximum bumper heights are as follows:
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6 | | Maximum Front |
Maximum Rear |
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7 | | Bumper height |
Bumper Height |
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8 | | All motor vehicles of the first |
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9 | | division except multipurpose |
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10 | | passenger vehicles: |
22 inches |
22 inches |
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11 | | Multipurpose passenger vehicles |
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12 | | and all other motor vehicles: |
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13 | | 4,500 lbs. and under GVWR |
24 inches |
26 inches |
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14 | | 4,501 lbs. through 7,500 |
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15 | | lbs. GVWR |
27 inches |
29 inches |
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16 | | 7,501 lbs. through 9,000 |
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17 | | lbs. GVWR |
28 inches |
30 inches |
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18 | | It is unlawful to operate upon any highway of this State | 19 | | any vehicle
with a front bumper height that exceeds 28 inches | 20 | | or a rear bumper height
that exceeds 30 inches, regardless of | 21 | | the GVWR of the vehicle, except those
vehicles covered by | 22 | | Chapter 18b of this Code.
| 23 | | For any vehicle with bumpers or attaching components which | 24 | | have been
modified or altered from the original manufacturer's | 25 | | design in order to
conform with the maximum bumper requirements | 26 | | of this section, the bumper
height shall be measured from a |
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| 1 | | level surface to the bottom of the vehicle
frame rail at the | 2 | | most forward and rearward points of the frame rail. The
bumper | 3 | | on any vehicle so modified or altered shall be at least 4.5 | 4 | | inches
in vertical height and extend no less than the width of | 5 | | the respective
wheel tracks outermost distance.
| 6 | | However, nothing in this Section shall prevent the | 7 | | installation of
bumper guards.
| 8 | | (b) This Section shall not apply to street rods, custom | 9 | | vehicles, motor
vehicles designed or modified
primarily for | 10 | | off-highway purposes while such vehicles are in tow or
to | 11 | | motorcycles or motor driven cycles, nor to
motor vehicles | 12 | | registered as antique vehicles
or expanded-use antique | 13 | | vehicles when the original
design of such antique vehicles or | 14 | | expanded-use antique vehicles did not include bumpers. The | 15 | | provisions of
this
Section shall not apply to any motor vehicle | 16 | | driven during the first 1000
recorded miles of that vehicle, | 17 | | when such vehicle is owned or
operated by a manufacturer, | 18 | | dealer or transporter displaying a special
plate or plates as | 19 | | described in Chapter 3 of this Code while such vehicle
is (1) | 20 | | being delivered from the manufacturing or assembly plant | 21 | | directly to the
purchasing dealer or distributor, or from one | 22 | | dealership or distributor to
another; (2) being moved by the | 23 | | most direct route from one location to
another for the purpose | 24 | | of installing special bodies or equipment; or (3) being
driven | 25 | | for purposes of demonstration by a prospective buyer with the | 26 | | dealer
or his agent present in the cab of the vehicle during |
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| 1 | | the demonstration.
| 2 | | The dealer shall, prior to the receipt of any deposit made | 3 | | or any
contract signed by the buyer to secure the purchase of a | 4 | | vehicle,
inform such buyer, by written statement signed by the | 5 | | purchaser to indicate
acknowledgement of the contents thereof, | 6 | | of the legal requirements of this
Section regarding front and | 7 | | rear bumpers if such vehicle is not to be
equipped with bumpers | 8 | | at the time of delivery.
| 9 | | (c) Any violation of this Section is a Class C misdemeanor. | 10 | | A second
conviction under this Section shall be punishable with | 11 | | a fine of not less
than $500. An officer making an arrest under | 12 | | this Section shall order the
vehicle driver to remove the | 13 | | vehicle from the highway. A person convicted
under this Section | 14 | | shall be ordered to bring his vehicle into compliance
with this | 15 | | Section.
| 16 | | (Source: P.A. 92-668, eff. 1-1-03; 93-702, eff. 7-9-04.)
| 17 | | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
| 18 | | Sec. 13-101. Submission to safety test; Certificate of | 19 | | safety. To
promote the safety of the general public, every | 20 | | owner of a second division
vehicle, medical transport vehicle, | 21 | | tow truck, or contract carrier
transporting employees in the | 22 | | course of their employment on a highway of
this State in a | 23 | | vehicle designed to carry 15 or fewer passengers shall,
before | 24 | | operating the vehicle
upon the highways of Illinois, submit it | 25 | | to a "safety test" and secure a
certificate of safety furnished |
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| 1 | | by the Department as set forth in Section
13-109. Each second | 2 | | division motor vehicle that pulls or draws a trailer,
| 3 | | semitrailer or pole trailer, with a gross weight of more than | 4 | | 8,000 lbs or
is registered for a gross weight of more than | 5 | | 8,000 lbs, motor bus,
religious organization bus, school bus, | 6 | | senior citizen transportation vehicle,
and limousine shall be | 7 | | subject to
inspection by the Department and the Department is | 8 | | authorized to
establish rules and regulations for the | 9 | | implementation of such inspections.
| 10 | | The owners of each salvage vehicle shall submit it to a | 11 | | "safety test" and
secure a certificate of safety furnished by | 12 | | the Department prior to its
salvage vehicle inspection pursuant | 13 | | to Section 3-308 of this Code.
In implementing and enforcing | 14 | | the provisions of this Section, the
Department and other | 15 | | authorized State agencies shall do so in a manner
that is not | 16 | | inconsistent with any applicable federal law or regulation so
| 17 | | that no federal funding or support is jeopardized by the | 18 | | enactment or
application of these provisions.
| 19 | | However, none of the provisions of Chapter 13 requiring | 20 | | safety
tests or a certificate of safety shall apply to:
| 21 | | (a) farm tractors, machinery and implements, wagons, | 22 | | wagon-trailers
or like farm vehicles used primarily in | 23 | | agricultural pursuits;
| 24 | | (b) vehicles other than school buses, tow trucks and | 25 | | medical
transport vehicles owned or operated by a municipal | 26 | | corporation or
political subdivision having a population |
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| 1 | | of 1,000,000 or more inhabitants
and which are subject to | 2 | | safety tests imposed by local ordinance or resolution;
| 3 | | (c) a semitrailer or trailer having a gross weight of | 4 | | 5,000 pounds
or less including vehicle weight and maximum | 5 | | load;
| 6 | | (d) recreational vehicles;
| 7 | | (e) vehicles registered as and displaying Illinois
| 8 | | antique vehicle plates and vehicles registered as | 9 | | expanded-use antique vehicles and displaying expanded-use | 10 | | antique vehicle plates ;
| 11 | | (f) house trailers equipped and used for living | 12 | | quarters;
| 13 | | (g) vehicles registered as and displaying Illinois | 14 | | permanently
mounted equipment plates or similar vehicles | 15 | | eligible therefor but
registered as governmental vehicles | 16 | | provided that if said vehicle is
reclassified from a | 17 | | permanently mounted equipment plate so as to lose the
| 18 | | exemption of not requiring a certificate of safety, such | 19 | | vehicle must be
safety tested within 30 days of the | 20 | | reclassification;
| 21 | | (h) vehicles owned or operated by a manufacturer, | 22 | | dealer or
transporter displaying a special plate or plates | 23 | | as described in Chapter
3 of this Code while such vehicle | 24 | | is being delivered from the
manufacturing or assembly plant | 25 | | directly to the purchasing dealership or
distributor, or | 26 | | being temporarily road driven for quality control testing,
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| 1 | | or from one dealer or distributor to another, or are being
| 2 | | moved by the most direct route from one location to another | 3 | | for the
purpose of installing special bodies or equipment, | 4 | | or driven for purposes
of demonstration by a prospective | 5 | | buyer with the dealer or his agent present
in the cab of | 6 | | the vehicle during the demonstration;
| 7 | | (i) pole trailers and auxiliary axles;
| 8 | | (j) special mobile equipment;
| 9 | | (k) vehicles properly registered in another State | 10 | | pursuant to law and
displaying a valid registration plate, | 11 | | except vehicles of contract carriers
transporting | 12 | | employees in the course of their employment on a highway of | 13 | | this
State in a vehicle designed to carry 15 or fewer | 14 | | passengers
are only exempted to the extent that the safety | 15 | | testing
requirements applicable to such vehicles in the | 16 | | state of registration
are no less stringent than the safety | 17 | | testing requirements applicable
to contract carriers that | 18 | | are lawfully registered in Illinois;
| 19 | | (l) water-well boring apparatuses or rigs;
| 20 | | (m) any vehicle which is owned and operated by the | 21 | | federal government
and externally displays evidence of | 22 | | such ownership; and
| 23 | | (n) second division vehicles registered for a gross | 24 | | weight of 8,000
pounds or less, except when such second | 25 | | division motor vehicles pull
or draw a trailer, | 26 | | semi-trailer or pole trailer having a gross weight of
or |
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| 1 | | registered for a gross weight of more than 8,000 pounds; | 2 | | motor buses;
religious organization buses; school buses; | 3 | | senior citizen transportation
vehicles; medical transport | 4 | | vehicles and tow trucks.
| 5 | | The safety test shall include the testing and inspection of
| 6 | | brakes, lights, horns, reflectors, rear vision mirrors, | 7 | | mufflers,
safety chains, windshields and windshield wipers, | 8 | | warning flags and
flares, frame, axle, cab and body, or cab or | 9 | | body, wheels, steering
apparatus, and other safety devices and | 10 | | appliances required by this Code
and such other safety tests as | 11 | | the Department may by rule or regulation
require, for second | 12 | | division vehicles, school buses, medical transport
vehicles, | 13 | | tow trucks, vehicles designed to carry 15 or fewer passengers
| 14 | | operated by a contract carrier transporting employees in the | 15 | | course of their
employment
on a highway of this State, | 16 | | trailers, and
semitrailers subject to inspection.
| 17 | | For tow trucks, the safety test and inspection shall also | 18 | | include
the inspection of winch mountings, body panels, body
| 19 | | mounts, wheel lift swivel points,
and sling straps, and other | 20 | | tests and inspections the Department by
rule requires for tow | 21 | | trucks.
| 22 | | For trucks, truck tractors, trailers, semi-trailers, and | 23 | | buses, the
safety test shall be conducted in accordance with | 24 | | the Minimum Periodic
Inspection Standards promulgated by the | 25 | | Federal Highway Administration of
the U.S. Department of | 26 | | Transportation and contained in Appendix G to
Subchapter B of |
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| 1 | | Chapter III of Title 49 of the Code of Federal Regulations.
| 2 | | Those standards, as now in effect, are made a part of this | 3 | | Code, in the
same manner as though they were set out in full in | 4 | | this Code.
| 5 | | The passing of the safety test shall not be a bar at any | 6 | | time to
prosecution for operating a second division vehicle, | 7 | | medical
transport
vehicle, or vehicle designed to carry 15 or | 8 | | fewer passengers operated by a
contract carrier as provided in | 9 | | this Section which is unsafe as determined by
the standards | 10 | | prescribed in this Code.
| 11 | | (Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04 .)
| 12 | | (625 ILCS 5/13C-15) | 13 | | Sec. 13C-15. Inspections. | 14 | | (a) Computer-Matched Inspections and Notification. | 15 | | (1) The provisions of this subsection (a) are operative | 16 | | until the implementation of the registration denial | 17 | | inspection and notification mechanisms required by | 18 | | subsection (b). Beginning with the implementation of the | 19 | | program required by this Chapter, every motor vehicle that | 20 | | is owned by a resident of an affected county, other than a | 21 | | vehicle that is exempt under paragraph (a)(6) or (a)(7), is | 22 | | subject to inspection under the program. | 23 | | The Agency shall send notice of the assigned inspection | 24 | | month, at least 15 days before the beginning of the | 25 | | assigned month, to the owner of each vehicle subject to the |
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| 1 | | program. An initial emission inspection sticker or initial | 2 | | inspection certificate, as the case may be, expires on the | 3 | | last day of the third month following the month assigned by | 4 | | the Agency for the first inspection of the vehicle. A | 5 | | renewal inspection sticker or certificate expires on the | 6 | | last day of the third month following the month assigned | 7 | | for inspection in the year in which the vehicle's next | 8 | | inspection is required. | 9 | | The Agency or its agent may issue an interim emission | 10 | | inspection sticker or certificate for any vehicle subject | 11 | | to inspection that does not have a currently valid emission | 12 | | inspection sticker or certificate at the time the Agency is | 13 | | notified by the Secretary of State of its registration by a | 14 | | new owner, and for which an initial emission inspection | 15 | | sticker or certificate has already been issued. An interim | 16 | | emission inspection sticker or certificate expires no | 17 | | later than the last day of the sixth complete calendar | 18 | | month after the date the Agency issued the interim emission | 19 | | inspection sticker or certificate. | 20 | | The owner of each vehicle subject to inspection shall | 21 | | obtain an emission inspection sticker or certificate for | 22 | | the vehicle in accordance with this paragraph (1). Before | 23 | | the expiration of the emission inspection sticker or | 24 | | certificate, the owner shall have the vehicle inspected | 25 | | and, upon demonstration of compliance, obtain a renewal | 26 | | emission inspection sticker or certificate. A renewal |
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| 1 | | emission inspection sticker or certificate shall not be | 2 | | issued more than 5 months before the expiration date of the | 3 | | previous inspection sticker or certificate. | 4 | | (2) Except as provided in paragraph (a)(3), vehicles | 5 | | shall be inspected every 2 years on a schedule that begins | 6 | | either in the second, fourth, or later calendar year after | 7 | | the vehicle model year. The beginning test schedule shall | 8 | | be set by the Agency and shall be consistent with the | 9 | | State's requirements for emission reductions as determined | 10 | | by the applicable United States Environmental Protection | 11 | | Agency vehicle emissions estimation model and applicable | 12 | | guidance and rules. | 13 | | (3) A vehicle may be inspected at a time outside of its | 14 | | normal 2-year inspection schedule, if (i) the vehicle was | 15 | | acquired by a new owner and (ii) the vehicle was required | 16 | | to be in compliance with this Act at the time the vehicle | 17 | | was acquired by the new owner, but it was not then in | 18 | | compliance. | 19 | | (4) The owner of a vehicle subject to inspection shall | 20 | | have the vehicle inspected and shall obtain and display on | 21 | | the vehicle or carry within the vehicle, in a manner | 22 | | specified by the Agency, a valid unexpired emission | 23 | | inspection sticker or certificate in the manner specified | 24 | | by the Agency. A person who violates this paragraph (4) is | 25 | | guilty of a petty offense, except that a third or | 26 | | subsequent violation within one year of the first violation |
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| 1 | | is a Class C misdemeanor. The fine imposed for a violation | 2 | | of this paragraph (4) shall be not less than $50 if the | 3 | | violation occurred within 60 days following the date by | 4 | | which a new or renewal emission inspection sticker or | 5 | | certificate was required to be obtained for the vehicle, | 6 | | and not less than $300 if the violation occurred more than | 7 | | 60 days after that date. | 8 | | (5) For a $20 fee, to be paid into the Vehicle | 9 | | Inspection Fund, the Agency may inspect: | 10 | | (A) A vehicle registered in and subject to the | 11 | | emission inspections requirements of another state. | 12 | | (B) A vehicle presented for inspection on a | 13 | | voluntary basis. | 14 | | Any fees collected under this paragraph (5)
shall not | 15 | | offset Motor Fuel Tax Funds normally appropriated for the | 16 | | program. | 17 | | (6) The following vehicles are not subject to | 18 | | inspection: | 19 | | (A) Vehicles not subject to registration under | 20 | | Article IV of Chapter 3 of this Code, other than | 21 | | vehicles owned by the federal government. | 22 | | (B) Motorcycles, motor driven cycles, and | 23 | | motorized pedalcycles. | 24 | | (C) Farm vehicles and implements of husbandry. | 25 | | (D) Implements of warfare owned by the State or | 26 | | federal government. |
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| 1 | | (E) Antique vehicles, expanded-use antique | 2 | | vehicles, custom vehicles, street rods, and vehicles | 3 | | of model year 1967 or before. | 4 | | (F) Vehicles operated exclusively for parade or | 5 | | ceremonial purposes by any veterans, fraternal, or | 6 | | civic organization, organized on a not-for-profit | 7 | | basis. | 8 | | (G) Vehicles for which the Secretary of State, | 9 | | under Section 3-117 of this Code, has issued a Junking | 10 | | Certificate. | 11 | | (H) Diesel powered vehicles and vehicles that are | 12 | | powered exclusively by electricity. | 13 | | (I) Vehicles operated exclusively in organized | 14 | | amateur or professional sporting activities, as | 15 | | defined in Section 3.310 of the Environmental | 16 | | Protection Act. | 17 | | (J) Vehicles registered in, subject to, and in | 18 | | compliance with the emission inspection requirements | 19 | | of another state. | 20 | | (K) Vehicles participating in an OBD continuous | 21 | | monitoring program operated in accordance with | 22 | | procedures adopted by the Agency. | 23 | | (L) Vehicles of model year 1995 or earlier that do | 24 | | not have an expired emissions test sticker or | 25 | | certificate on February 1, 2007. | 26 | | The Agency may issue temporary or permanent exemption |
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| 1 | | stickers or certificates for vehicles temporarily or | 2 | | permanently exempt from inspection under this paragraph | 3 | | (6). An exemption sticker or certificate does not need to | 4 | | be displayed. | 5 | | (7) According to criteria that the Agency may adopt, a | 6 | | motor vehicle may be exempted from the inspection | 7 | | requirements of this Section by the Agency on the basis of | 8 | | an Agency determination that the vehicle is located and | 9 | | primarily used outside of the affected counties or in other | 10 | | jurisdictions where vehicle emission inspections are not | 11 | | required. The Agency may issue an annual exemption sticker | 12 | | or certificate without inspection for any vehicle exempted | 13 | | from inspection under this paragraph (7). | 14 | | (8) Any owner or lessee of a fleet of 15 or more motor | 15 | | vehicles that are subject to inspection under this Section | 16 | | may apply to the Agency for a permit to establish and | 17 | | operate a private official inspection station in | 18 | | accordance with rules adopted by the Agency. | 19 | | (9) Pursuant to Title 40, Section 51.371 of the Code of | 20 | | Federal Regulations, the Agency may establish a program of | 21 | | on-road testing of in-use vehicles through the use of | 22 | | remote sensing devices. In any such program, the Agency | 23 | | shall evaluate the emission performance of 0.5% of the | 24 | | subject fleet or 20,000 vehicles, whichever is less. Under | 25 | | no circumstances shall on-road testing include any sort of | 26 | | roadblock or roadside pullover or cause any type of traffic |
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| 1 | | delay. If, during the course of an on-road inspection, a | 2 | | vehicle is found to exceed the on-road emissions standards | 3 | | established for the model year and type of vehicle, the | 4 | | Agency shall send a notice to the vehicle owner. The notice | 5 | | shall document the occurrence and the results of the | 6 | | on-road exceedance. The notice of a second on-road | 7 | | exceedance shall indicate that the vehicle has been | 8 | | reassigned and is subject to an out-of-cycle follow-up | 9 | | inspection at an official inspection station. In no case | 10 | | shall the Agency send a notice of an on-road exceedance to | 11 | | the owner of a vehicle that was found to exceed the on-road | 12 | | emission standards established for the model year and type | 13 | | of vehicle, if the vehicle is registered outside of the | 14 | | affected counties.
| 15 | | (b) Registration Denial Inspection and Notification. | 16 | | (1) No later than January 1, 2008, every motor vehicle | 17 | | that is owned by a resident of an affected county, other | 18 | | than a vehicle that is exempt under paragraph (b)(8) or | 19 | | (b)(9), is subject to inspection under the program. | 20 | | The owner of a vehicle subject to inspection shall have | 21 | | the vehicle inspected and obtain proof of compliance from | 22 | | the Agency in order to obtain or renew a vehicle | 23 | | registration for a subject vehicle. | 24 | | The Secretary of State shall notify the owner of a | 25 | | vehicle subject to inspection of the requirement to have | 26 | | the vehicle tested at least 30 days prior to the beginning |
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| 1 | | of the month in which the vehicle's registration is due to | 2 | | expire. Notwithstanding the preceding, vehicles with | 3 | | permanent registration plates shall be notified at least 30 | 4 | | days prior to the month corresponding to the date the | 5 | | vehicle was originally registered. This notification shall | 6 | | clearly state the vehicle's test status, based upon the | 7 | | vehicle type, model year and registration address. | 8 | | The owner of each vehicle subject to inspection shall | 9 | | have the vehicle inspected and, upon demonstration of | 10 | | compliance, obtain an emissions compliance certificate for | 11 | | the vehicle. | 12 | | (2) Except as provided in paragraphs (b)(3), (b)(4), | 13 | | and (b)(5), vehicles shall be inspected every 2 years on a | 14 | | schedule that begins in the fourth calendar year after the | 15 | | vehicle model year. Even model year vehicles shall be | 16 | | inspected and comply in order to renew registrations | 17 | | expiring in even calendar years and odd model year vehicles | 18 | | shall be inspected and comply in order to renew | 19 | | registrations expiring in odd calendar years. | 20 | | (3) A vehicle shall be inspected and comply at a time | 21 | | outside of its normal 2-year inspection schedule if (i) the | 22 | | vehicle was acquired by a new owner and (ii) the vehicle | 23 | | had not been issued a Compliance Certificate within one | 24 | | year of the date of application for the title or | 25 | | registration, or both, for the vehicle. | 26 | | (4) Vehicles with 2-year registrations shall be |
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| 1 | | inspected every 2 years at the time of registration | 2 | | issuance or renewal on a schedule that begins in the fourth | 3 | | year after the vehicle model year. | 4 | | (5) Vehicles with permanent vehicle registration | 5 | | plates shall be inspected every 2 years on a schedule that | 6 | | begins in the fourth calendar year after the vehicle model | 7 | | year in the month corresponding to the date the vehicle was | 8 | | originally registered. Even model year vehicles shall be | 9 | | inspected and comply in even calendar years, and odd model | 10 | | year vehicles shall be inspected and comply in odd calendar | 11 | | years. | 12 | | (6) The Agency and the Secretary of State shall | 13 | | endeavor to ensure a smooth transition from test scheduling | 14 | | from the provisions of subsection (a) to subsection (b). | 15 | | Passing tests and waivers issued prior to the | 16 | | implementation of this subsection (b) may be utilized to | 17 | | establish compliance for a period of one year from the date | 18 | | of the emissions or waiver inspection. | 19 | | (7) For a $20 fee, to be paid into the Vehicle | 20 | | Inspection Fund, the Agency may inspect: | 21 | | (A) A vehicle registered in and subject to the | 22 | | emissions inspections requirements of another state. | 23 | | (B) A vehicle presented for inspection on a | 24 | | voluntary basis. | 25 | | Any fees collected under this paragraph (7) shall not | 26 | | offset Motor Fuel Tax Funds normally appropriated for the |
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| 1 | | program. | 2 | | (8) The following vehicles are not subject to | 3 | | inspection: | 4 | | (A) Vehicles not subject to registration under | 5 | | Article IV of Chapter 3 of this Code, other than | 6 | | vehicles owned by the federal government. | 7 | | (B) Motorcycles, motor driven cycles, and | 8 | | motorized pedalcycles. | 9 | | (C) Farm vehicles and implements of husbandry. | 10 | | (D) Implements of warfare owned by the State or | 11 | | federal government. | 12 | | (E) Antique vehicles, expanded-use antique | 13 | | vehicles, custom vehicles, street rods, and vehicles | 14 | | of model year 1967 or before. | 15 | | (F) Vehicles operated exclusively for parade or | 16 | | ceremonial purposes by any veterans, fraternal, or | 17 | | civic organization, organized on a not-for-profit | 18 | | basis. | 19 | | (G) Vehicles for which the Secretary of State, | 20 | | under Section 3-117 of this Code, has issued a Junking | 21 | | Certificate. | 22 | | (H) Diesel powered vehicles and vehicles that are | 23 | | powered exclusively by electricity. | 24 | | (I) Vehicles operated exclusively in organized | 25 | | amateur or professional sporting activities, as | 26 | | defined in Section 3.310 of the Environmental |
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| 1 | | Protection Act. | 2 | | (J) Vehicles registered in, subject to, and in | 3 | | compliance with the emission inspection requirements | 4 | | of another state. | 5 | | (K) Vehicles participating in an OBD continuous | 6 | | monitoring program operated in accordance with | 7 | | procedures adopted by the Agency. | 8 | | (L) Vehicles of model year 1995 or earlier that do | 9 | | not have an expired emissions test sticker or | 10 | | certificate on February 1, 2007. | 11 | | The Agency may issue temporary or permanent exemption | 12 | | certificates for vehicles temporarily or permanently | 13 | | exempt from inspection under this paragraph (8). An | 14 | | exemption sticker or certificate does not need to be | 15 | | displayed. | 16 | | (9) According to criteria that the Agency may adopt, a | 17 | | motor vehicle may be exempted from the inspection | 18 | | requirements of this Section by the Agency on the basis of | 19 | | an Agency determination that the vehicle is located and | 20 | | primarily used outside of the affected counties or in other | 21 | | jurisdictions where vehicle emissions inspections are not | 22 | | required. The Agency may issue an annual exemption | 23 | | certificate without inspection for any vehicle exempted | 24 | | from inspection under this paragraph (9). | 25 | | (10) Any owner or lessee of a fleet of 15 or more motor | 26 | | vehicles that are subject to inspection under this Section |
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| 1 | | may apply to the Agency for a permit to establish and | 2 | | operate a private official inspection station in | 3 | | accordance with rules adopted by the Agency. | 4 | | (11) Pursuant to Title 40, Section 51.371 of the Code | 5 | | of Federal Regulations, the Agency may establish a program | 6 | | of on-road testing of in-use vehicles through the use of | 7 | | remote sensing devices. In any such program, the Agency | 8 | | shall evaluate the emission performance of 0.5% of the | 9 | | subject fleet or 20,000 vehicles, whichever is less. Under | 10 | | no circumstances shall on-road testing include any sort of | 11 | | roadblock or roadside pullover or cause any type of traffic | 12 | | delay. If, during the course of an on-road inspection, a | 13 | | vehicle is found to exceed the on-road emissions standards | 14 | | established for the model year and type of vehicle, the | 15 | | Agency shall send a notice to the vehicle owner. The notice | 16 | | shall document the occurrence and the results of the | 17 | | on-road exceedance. The notice of a second on-road | 18 | | exceedance shall indicate that the vehicle has been | 19 | | reassigned and is subject to an out-of-cycle follow-up | 20 | | inspection at an official inspection station. In no case | 21 | | shall the Agency send a notice of an on-road exceedance to | 22 | | the owner of a vehicle that was found to exceed the on-road | 23 | | emissions standards established for the model year and type | 24 | | of vehicle, if the vehicle is registered outside of the | 25 | | affected counties. | 26 | | (Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2012.
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