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625 ILCS 5/13-109.1
(625 ILCS 5/13-109.1)
Annual emission inspection tests;
(a) For each diesel powered vehicle that (i) is registered for a gross
more than 16,000 pounds, (ii) is registered within an affected area, and
(iii) is a 2 year
or older model year, an annual emission
shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois
of Transportation to perform
diesel emission inspections pursuant to the standards set forth in
(b) of this
Section. This annual emission inspection test may be conducted in conjunction
semi-annual safety test.
(b) Diesel emission inspections conducted under this Chapter 13 shall be
conducted in accordance with the Society of Automotive Engineers Recommended
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
Vehicles" and the cutpoint standards set forth in the United States
Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be used with the
SAE J1667 In-Use Smoke Test Procedure". Those procedures and standards, as
now in effect, are made a part of this Code, in the same manner as though they
were set out in full in this Code.
Notwithstanding the above cutpoint standards, for motor vehicles that are
model years 1973 and
2002, the level of peak smoke opacity shall not exceed 70 percent. Beginning
1, 2003, for motor vehicles that are model years 1973 and older, the level of
opacity shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a) reveals
that the vehicle is not in compliance with
diesel emission standards set forth in subsection (b) of this Section, the
operator of the
testing station or official portable emissions testing company shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to an
emissions retest at an official testing station or official portable emissions testing company certified by the Department to
perform diesel emission inspections within 30 days from the issuance of the
warning notice requiring correction of the violation.
If, within 30 days from the issuance of the warning notice, the vehicle is
not in compliance with the diesel
emission standards set forth in subsection (b) as determined by an emissions
retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a vehicle
that has been placed out-of-service under this subsection (c) is a petty
offense punishable by a $1,000 fine.
The vehicle must pass a diesel emission inspection at an official testing
station before it is again placed in service.
The Secretary of State, Illinois State Police, and other law enforcement
officers shall enforce this Section.
No emergency vehicle, as defined in Section 1-105, may be placed out-of-service
pursuant to this Section.
The Department, an official testing station, or an official portable emissions testing company may issue a certificate of
waiver subsequent to a reinspection of a vehicle that failed the emissions
inspection. Certificate of waiver shall be issued upon determination that
documented proof demonstrates that emissions repair costs for the noncompliant
vehicle of at least $3,000 have been spent in an effort to achieve
compliance with the emission standards set forth in subsection (b). The
Department of Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the criteria by
which a waiver shall be granted.
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)