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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB1494
625 ILCS 5/7-606 from Ch. 95 1/2, par. 7-606
625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
Amends the Illinois Vehicle Code. Provides that the
Secretary of State may not terminate the suspension of
registration of an uninsured motor vehicle involved in an
accident until any tow truck has been reimbursed for towing
the uninsured motor vehicle. Provides that provisions
requiring safety tests or a certificate of safety do not
apply to motor vehicles used to transport grain. Effective
immediately.
LRB9002923NTsb
LRB9002923NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 7-606 and 13-101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 7-606 and 13-101 as follows:
7 (625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
8 Sec. 7-606. Uninsured motor vehicles - suspension and
9 reinstatement. The Secretary shall suspend the vehicle
10 registration of any motor vehicle determined by the Secretary
11 to be in violation of Section 7-601 of this Code, including
12 any motor vehicle operated in violation of Section 3-707,
13 3-708 or 3-710 of this Code by an operator other than the
14 owner of the vehicle. Neither the fact that, subsequent to
15 the date of verification or conviction, the owner acquired
16 the required liability insurance policy nor the fact that the
17 owner terminated ownership of the motor vehicle shall have
18 any bearing upon the Secretary's decision to suspend.
19 The Secretary is authorized to suspend the registration
20 of any motor vehicle registered in this State upon receiving
21 notice of the conviction of the operator of the motor vehicle
22 in another State of an offense which, if committed in this
23 State, would constitute a violation of Section 7-601 of this
24 Code.
25 Until it is terminated, the suspension shall remain in
26 force after the registration is renewed or a new registration
27 is acquired for the motor vehicle. The suspension also shall
28 apply to any motor vehicle to which the owner transfers the
29 registration.
30 In the case of a first violation, the Secretary shall
31 terminate the suspension upon payment by the owner of a
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1 reinstatement fee of $100 and submission of proof of
2 insurance as prescribed by the Secretary. However, the
3 Secretary may not terminate the suspension if the uninsured
4 motor vehicle was involved in a motor vehicle accident until,
5 in addition, any tow truck has been reimbursed for towing the
6 uninsured motor vehicle.
7 In the case of a second or subsequent violation by a
8 person having ownership interest in a motor vehicle or
9 vehicles within the preceding 4 years, or a violation of
10 Section 3-708 of this Code, the Secretary shall terminate the
11 suspension 4 months after its effective date upon payment by
12 the owner of a reinstatement fee of $100 and submission of
13 proof of insurance as prescribed by the Secretary. However,
14 the Secretary may not terminate the suspension if the
15 uninsured motor vehicle was involved in a motor vehicle
16 accident until, in addition, any tow truck has been
17 reimbursed for towing the uninsured motor vehicle.
18 All fees collected under this Section shall be deposited
19 into the Road Fund of the State treasury.
20 (Source: P.A. 88-315.)
21 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
22 Sec. 13-101. Submission to safety test; Certificate of
23 safety. To promote the safety of the general public, every
24 owner of a second division vehicle, medical transport
25 vehicle, or tow truck shall, before operating it upon the
26 highways of Illinois, submit it to a "safety test" and secure
27 a certificate of safety furnished by the Department as set
28 forth in Section 13-109. Each second division motor vehicle
29 that pulls or draws a trailer, semitrailer or pole trailer,
30 with a gross weight of more than 8,000 lbs or is registered
31 for a gross weight of more than 8,000 lbs, motor bus,
32 religious organization bus, school bus, senior citizen
33 transportation vehicle, and limousine shall be subject to
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1 inspection by the Department and the Department is authorized
2 to establish rules and regulations for the implementation of
3 such inspections.
4 The owners of each salvage vehicle shall submit it to a
5 "safety test" and secure a certificate of safety furnished by
6 the Department prior to its salvage vehicle inspection
7 pursuant to Section 3-308 of this Code.
8 However, none of the provisions of Chapter 13 requiring
9 safety tests or a certificate of safety shall apply to:
10 (a) farm tractors, machinery and implements,
11 wagons, wagon-trailers, motor vehicles used to transport
12 grain, or like farm vehicles used primarily in
13 agricultural pursuits;
14 (b) vehicles other than school buses, tow trucks
15 and medical transport vehicles owned or operated by a
16 municipal corporation or political subdivision having a
17 population of 1,000,000 or more inhabitants and which are
18 subject to safety tests imposed by local ordinance or
19 resolution;
20 (c) a semitrailer or trailer having a gross weight
21 of 5,000 pounds or less including vehicle weight and
22 maximum load;
23 (d) recreational vehicles;
24 (e) vehicles registered as and displaying Illinois
25 antique vehicle plates;
26 (f) house trailers equipped and used for living
27 quarters;
28 (g) vehicles registered as and displaying Illinois
29 permanently mounted equipment plates or similar vehicles
30 eligible therefor but registered as governmental vehicles
31 provided that if said vehicle is reclassified from a
32 permanently mounted equipment plate so as to lose the
33 exemption of not requiring a certificate of safety, such
34 vehicle must be safety tested within 30 days of the
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1 reclassification;
2 (h) vehicles owned or operated by a manufacturer,
3 dealer or transporter displaying a special plate or
4 plates as described in Chapter 3 of this Code while such
5 vehicle is being delivered from the manufacturing or
6 assembly plant directly to the purchasing dealership or
7 distributor, or being temporarily road driven for quality
8 control testing, or from one dealer or distributor to
9 another, or are being moved by the most direct route from
10 one location to another for the purpose of installing
11 special bodies or equipment, or driven for purposes of
12 demonstration by a prospective buyer with the dealer or
13 his agent present in the cab of the vehicle during the
14 demonstration;
15 (i) pole trailers and auxiliary axles;
16 (j) special mobile equipment;
17 (k) vehicles properly registered in another State
18 pursuant to law and displaying a valid registration
19 plate;
20 (l) water-well boring apparatuses or rigs;
21 (m) any vehicle which is owned and operated by the
22 federal government and externally displays evidence of
23 such ownership; and
24 (n) second division vehicles registered for a gross
25 weight of 8,000 pounds or less, except when such second
26 division motor vehicles pull or draw a trailer,
27 semi-trailer or pole trailer having a gross weight of or
28 registered for a gross weight of more than 8,000 pounds;
29 motor buses; religious organization buses; school buses;
30 senior citizen transportation vehicles; medical transport
31 vehicles and tow trucks.
32 The safety test shall include the testing and inspection
33 of brakes, lights, horns, reflectors, rear vision mirrors,
34 mufflers, safety chains, windshields and windshield wipers,
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1 warning flags and flares, frame, axle, cab and body, or cab
2 or body, wheels, steering apparatus, and other safety devices
3 and appliances required by this Code and such other safety
4 tests as the Department may by rule or regulation require,
5 for second division vehicles, school buses, medical transport
6 vehicles, tow trucks, trailers and semitrailers subject to
7 inspection.
8 For tow trucks, the safety test and inspection shall also
9 include the inspection of winch mountings, body panels, body
10 mounts, wheel lift swivel points, and sling straps, and other
11 tests and inspections the Department by rule requires for tow
12 trucks.
13 For trucks, truck tractors, trailers, semi-trailers, and
14 buses, the safety test shall be conducted in accordance with
15 the Minimum Periodic Inspection Standards promulgated by the
16 Federal Highway Administration of the U.S. Department of
17 Transportation and contained in Appendix G to Subchapter B of
18 Chapter III of Title 49 of the Code of Federal Regulations.
19 Those standards, as now in effect, are made a part of this
20 Code, in the same manner as though they were set out in full
21 in this Code.
22 The passing of the safety test shall not be a bar at any
23 time to prosecution for operating a second division vehicle
24 or medical transport vehicle which is unsafe as determined by
25 the standards prescribed in this Code.
26 (Source: P.A. 89-433, eff. 12-15-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.