Full Text of HB4944 100th General Assembly
HB4944enr 100TH 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 Illinois Vehicle Code is amended by changing | 5 | | Section 13-109 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 6 months, (ii) in the case of school | 4 | | buses and first division vehicles including taxis which are | 5 | | used for a purpose that requires a school bus driver permit, at | 6 | | least every 6
months or 10,000 miles, whichever occurs first, | 7 | | (iii) in the case of driver education vehicles used by public | 8 | | high schools, at least every 12 months for vehicles over 5 | 9 | | model years of age or having an odometer reading of over 75,000 | 10 | | miles, whichever occurs first, or (iv) in the case of truck | 11 | | tractors , semitrailers, and property-carrying vehicles | 12 | | registered for a gross weight of more than 10,000 pounds but | 13 | | less than 26,001 pounds, in combination with a semitrailer, at | 14 | | least every 12 months, and according to
schedules established | 15 | | by rules and regulations promulgated by the
Department. Any | 16 | | component subject to regular inspection which is
damaged in a | 17 | | reportable accident must be reinspected before the bus or first | 18 | | division vehicle including a taxi which is used for a purpose | 19 | | that requires a school bus driver permit is
returned to | 20 | | service.
| 21 | | (b) The Department shall also conduct periodic | 22 | | nonscheduled inspections
of school buses, of buses registered | 23 | | as charitable vehicles and of
religious organization buses. If | 24 | | such inspection reveals that a vehicle is
not in substantial | 25 | | compliance with the rules promulgated by the Department,
the | 26 | | Department shall remove the Certificate of Safety from the |
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| 1 | | vehicle, and
shall place the vehicle out-of-service. A bright | 2 | | orange, triangular decal
shall be placed on an out-of-service | 3 | | vehicle where the Certificate of
Safety has been removed. The | 4 | | vehicle must pass a safety test at an
official testing station | 5 | | before it is again placed in service.
| 6 | | (c) If the violation is not substantial a bright yellow, | 7 | | triangular
sticker shall be placed next to the Certificate of | 8 | | Safety at the time the
nonscheduled inspection is made. The | 9 | | Department shall reinspect the
vehicle after 3 working days to | 10 | | determine that the violation has been
corrected and remove the | 11 | | yellow, triangular decal. If the violation is not
corrected | 12 | | within 3 working days, the Department shall place the vehicle
| 13 | | out-of-service in accordance with procedures in subsection | 14 | | (b).
| 15 | | (d) If a violation is not substantial and does not directly | 16 | | affect the
safe operation of the vehicle, the Department shall | 17 | | issue a warning notice
requiring correction of the violation. | 18 | | Such correction shall be
accomplished as soon as practicable | 19 | | and a report of the correction shall be
made to the Department | 20 | | within 30 days in a manner established by the
Department. If | 21 | | the Department has not been advised that the corrections
have | 22 | | been made, and the violations still exist, the Department shall | 23 | | place
the vehicle out-of-service in accordance with procedures | 24 | | in subsection
(b).
| 25 | | (e) The Department is authorized to promulgate regulations | 26 | | to implement its
program of nonscheduled inspections. Causing |
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| 1 | | or allowing the operation of
an out-of-service vehicle with | 2 | | passengers or unauthorized removal of an
out-of-service | 3 | | sticker is a Class 3 felony. Causing or allowing the
operation | 4 | | of a vehicle with a 3-day sticker for longer than 3 days with | 5 | | the
sticker attached or the unauthorized removal of a 3-day | 6 | | sticker is a Class C
misdemeanor.
| 7 | | (f) If a second division vehicle, first division vehicle | 8 | | including a taxi which is used for a purpose that requires a | 9 | | school bus driver permit, medical transport vehicle, or
vehicle | 10 | | operated by a contract carrier as provided in subsection (a) of | 11 | | this
Section is in safe
mechanical condition, as determined | 12 | | pursuant to Chapter 13, the operator of
the official testing | 13 | | station must at once issue to the second division
vehicle, | 14 | | first division vehicle including a taxi which is used for a | 15 | | purpose that requires a school bus driver permit, or medical | 16 | | transport vehicle a certificate of safety, in the form
and | 17 | | manner prescribed by the Department, which shall be affixed to | 18 | | the
vehicle by the certified safety tester who performed the | 19 | | safety tests. The
owner of 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, or medical transport | 22 | | vehicle or the
contract carrier shall at
all times display the | 23 | | Certificate of Safety on the second division vehicle, first | 24 | | division vehicle including a taxi which is used for a purpose | 25 | | that requires a school bus driver permit, medical transport | 26 | | vehicle, or vehicle operated by a contract carrier
in the |
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| 1 | | manner prescribed by the Department.
| 2 | | (g) If a test shows that a second division vehicle, first | 3 | | division vehicle including a taxi which is used for a purpose | 4 | | that requires a school bus driver permit, medical
transport
| 5 | | vehicle, or vehicle operated by a contract carrier is not in | 6 | | safe
mechanical condition as provided in this Section, it
shall | 7 | | not be operated on the highways until it has been repaired and
| 8 | | submitted to a retest at an official testing station. If the | 9 | | owner or
contract carrier submits
the vehicle to a retest at
a
| 10 | | different official testing station from that where it failed to | 11 | | pass the
first test, he or she shall present to the operator of | 12 | | the second station the
report of the original test, and shall | 13 | | notify the Department in writing,
giving the name and address | 14 | | of the original testing station and the defects
which prevented | 15 | | the issuance of a Certificate of Safety, and the name and
| 16 | | address of the second official testing station making the | 17 | | retest.
| 18 | | (Source: P.A. 100-160, eff. 1-1-18 .)
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