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91_HB2031
LRB9104097KSgcC
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 13B-15, 13B-25, 13B-50, and 13B-75.
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 13B-15, 13B-25, 13B-50, and 13B-75 as
7 follows:
8 (625 ILCS 5/13B-15)
9 Sec. 13B-15. Inspections.
10 (a) Beginning with the implementation of the program
11 required by this Chapter, every motor vehicle that is owned
12 by a resident of an affected county and every diesel powered
13 vehicle weighing 8,000 pounds or more, other than a vehicle
14 that is exempt under subsection (f) or (g), is subject to
15 inspection under the program.
16 The Agency shall send notice of the assigned inspection
17 month, at least 15 days before the beginning of the assigned
18 month, to the owner of each vehicle subject to the program,
19 except for owners of diesel powered vehicles weighing more
20 than 8,000 pounds who reside outside an affected county. For
21 a vehicle that was subject to inspection before the effective
22 date of this amendatory Act of 1994 and for which an initial
23 inspection sticker or initial inspection certificate has
24 already been issued, the month to be assigned by the Agency
25 for that vehicle shall not be earlier than the current
26 assigned month, unless so requested by the owner. If the
27 assigned month is later than the current assigned month, the
28 Agency shall issue either a corrected inspection sticker or
29 corrected certificate for that vehicle.
30 Initial emission inspection stickers or initial
31 inspection certificates, as the case may be, expire on the
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1 last day of the third month following the month assigned by
2 the Agency for the first inspection of the vehicle. Renewal
3 inspection stickers or certificates expire on the last day of
4 the third month following the month assigned for inspection
5 in the year in which the vehicle's next inspection is
6 required.
7 The Agency or its agent may issue an interim emission
8 inspection sticker or certificate for any vehicle subject to
9 inspection that does not have a currently valid emission
10 inspection sticker or certificate at the time the Agency is
11 notified by the Secretary of State of its registration by a
12 new owner, and for which an initial emission inspection
13 sticker or certificate has already been issued. Interim
14 emission inspection stickers or certificates expire no later
15 than the last day of the sixth complete calendar month after
16 the date the Agency issued the interim emission inspection
17 sticker or certificate.
18 The owner of each vehicle subject to inspection shall
19 obtain an emission inspection sticker or certificate for the
20 vehicle in accordance with this subsection. Before the
21 expiration of the emission inspection sticker or certificate,
22 the owner shall have the vehicle inspected and, upon
23 demonstration of compliance, obtain a renewal emission
24 inspection sticker or certificate. A renewal emission
25 inspection sticker or certificate shall not be issued more
26 than 5 months before the expiration date of the previous
27 inspection sticker or certificate.
28 (b) Except as provided in subsections subsection (c),
29 (j), and (k), vehicles shall be inspected every 2 years on a
30 schedule that begins either in the second, fourth, or later
31 calendar year after the vehicle model year. The beginning
32 test schedule shall be set by the Agency and shall be
33 consistent with the State's requirements for emission
34 reductions as determined by the applicable United States
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1 Environmental Protection Agency vehicle emissions estimation
2 model and applicable guidance and rules.
3 (c) A vehicle may be inspected out of its 2-year
4 inspection schedule when a new owner acquires the vehicle and
5 it should have been, but was not, in compliance with this Act
6 when the vehicle was acquired by the new owner.
7 (d) The owner of a vehicle subject to inspection shall
8 have the vehicle inspected and obtain and display on the
9 vehicle or carry within the vehicle, in a manner specified by
10 the Agency, a valid unexpired emission inspection sticker or
11 certificate in the manner specified by the Agency.
12 Any person who violates this subsection (d) is guilty of
13 a petty offense, except that a third or subsequent violation
14 within one year of the first violation is a Class C
15 misdemeanor. The fine imposed for a violation of this
16 subsection shall be not less than $50 if the violation
17 occurred within 60 days following the date by which a new or
18 renewal emission inspection sticker or certificate was
19 required to be obtained for the vehicle, and not less than
20 $300 if the violation occurred more than 60 days after that
21 date.
22 (e) (1) For a $20 fee, to be paid into the Vehicle
23 Inspection Fund, the Agency shall inspect:
24 (A) Vehicles operated on federal installations
25 within an affected county, pursuant to Title 40, Section
26 51.356 of the Code of Federal Regulations.
27 (B) Federally owned vehicles operated in affected
28 counties.
29 (2) For a fee of $20, to be paid into the Vehicle
30 Inspection Fund, the Agency may inspect:
31 (A) Vehicles registered in and subject to emission
32 inspections requirements of another state.
33 (B) Vehicles presented for inspection on a
34 voluntary basis.
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1 Any fees collected under this subsection shall not offset
2 normally appropriated Motor Fuel Tax Funds.
3 (f) Except as provided in subsections (j) and (k) of
4 this Section, the following vehicles are not subject to
5 inspection:
6 (1) Vehicles not subject to registration under
7 Article IV of Chapter 3 of this Code, other than vehicles
8 owned by the federal government.
9 (2) Motorcycles, motor driven cycles, and motorized
10 pedalcycles.
11 (3) Farm vehicles and implements of husbandry.
12 (4) Implements of warfare owned by the State or
13 federal government.
14 (5) Antique vehicles and vehicles of model year
15 1967 or before.
16 (6) Vehicles operated exclusively for parade or
17 ceremonial purposes by any veterans, fraternal, or civic
18 organization, organized on a not-for-profit basis.
19 (7) Vehicles for which a Junking Certificate has
20 been issued by the Secretary of State under Section 3-117
21 of this Code.
22 (8) Diesel powered vehicles that weigh less than
23 8,000 pounds, and vehicles that are powered exclusively
24 by electricity.
25 (9) Vehicles operated exclusively in organized
26 amateur or professional sporting activities, as defined
27 in the Environmental Protection Act.
28 (10) Vehicles registered in, subject to, and in
29 compliance with the emission inspection requirements of
30 another state.
31 The Agency may issue temporary or permanent exemption
32 stickers or certificates for vehicles temporarily or
33 permanently exempt from inspection under this subsection (f).
34 An exemption sticker or certificate does not need to be
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1 displayed.
2 (g) Except as provided in subsections (j) and (k) of
3 this Section, according to criteria the Agency may adopt, a
4 motor vehicle may be exempted from the inspection
5 requirements of this Section by the Agency on the basis of an
6 Agency determination that the vehicle is located and
7 primarily used outside of the affected counties or in other
8 jurisdictions where vehicle emission inspections are not
9 required. The Agency may issue an annual exemption sticker
10 or certificate without inspection for any vehicle exempted
11 from inspection under this subsection.
12 (h) Any owner or lessee of a fleet of 15 or more motor
13 vehicles which are subject to inspection under this Section
14 may apply to the Agency for a permit to establish and operate
15 a Private Official Inspection Station.
16 (i) Pursuant to Title 40, Section 51.371 of the Code of
17 Federal Regulations, the Agency shall establish a program of
18 on-road testing of in-use vehicles through the use of remote
19 sensing devices. The Agency shall evaluate the emission
20 performance of 0.5% of the subject fleet or 20,000 vehicles,
21 whichever is less. Under no circumstances shall on-road
22 testing include any sort of roadblock or roadside pullover or
23 cause any type of traffic delay.
24 If, during the course of on-road inspections, a vehicle
25 is found to exceed the on-road emissions standards
26 established for the model year and type of vehicle, the
27 Agency shall send a notice to the vehicle owner. The notice
28 shall document the occurrence and results of on-road
29 exceedances. The notice of a second on-road exceedance shall
30 indicate that the vehicle has been reassigned and is subject
31 to an out-of-cycle follow-up inspection at an official
32 inspection station. In no case shall the Agency send a notice
33 of an on-road exceedance to the owner of a vehicle that was
34 found to exceed the on-road emission standards established
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1 for the model year and type of vehicle if the vehicle is
2 registered outside of the affected counties.
3 (j) The Department of State Police may conduct random
4 emission inspections of diesel powered vehicles weighing
5 8,000 pounds or more operated within the affected counties
6 pursuant to the procedures set forth in subsection (i) of
7 Section 13B-25 to determine compliance with the standards set
8 forth in Section 12B-20. These random inspections shall be
9 conducted by the Department of State Police at weigh
10 stations, roadside, or other reasonable locations within the
11 affected counties.
12 (k) Any county or municipality, within their respective
13 jurisdictions, may conduct random emission inspections of
14 diesel powered vehicles weighing 8,000 pounds or more
15 pursuant to the procedures set forth in subsection (i) of
16 Section 13B-25 to determine compliance with the standard set
17 forth in Section 13B-20. The random emission inspections
18 shall be conducted by the law enforcement agency of the
19 county or municipality at roadside or other reasonable
20 locations.
21 (Source: P.A. 90-475, eff. 8-17-97.)
22 (625 ILCS 5/13B-20)
23 Sec. 13B-20. Rules and standards.
24 (a) The Agency shall propose standards necessary to
25 achieve reductions in the emission of hydrocarbons, carbon
26 monoxide, and oxides of nitrogen from motor vehicles subject
27 to inspection under this Chapter. Within 120 days after the
28 Agency proposes these standards, the Board shall adopt rules
29 establishing standards for the emission of hydrocarbons,
30 carbon monoxide, and oxides of nitrogen from motor vehicles
31 subject to inspection under this Chapter. These rules may be
32 amended from time to time pursuant to Agency proposals. The
33 Board shall set standards necessary to achieve the reductions
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1 in vehicle hydrocarbons, carbon monoxide, and oxides of
2 nitrogen emissions, as determined by the applicable vehicle
3 emission estimation model and rules developed by the United
4 States Environmental Protection Agency, required by the
5 federal Clean Air Act. A predetermined rate of failure shall
6 not be used in determining standards necessary to achieve the
7 reductions in vehicle hydrocarbons, carbon monoxide and
8 oxides of nitrogen emissions. The emission standards
9 established by the Board for vehicles of model year 1981 or
10 later shall be identical in substance, as defined in Section
11 7.2(a) of the Environmental Protection Act, to the emission
12 standards promulgated by the United States Environmental
13 Protection Agency.
14 If the Administrator of the United States Environmental
15 Protection Agency finds that oxides of nitrogen emission
16 reductions are not beneficial under Title 40, Section
17 51.351(d) of the Code of Federal Regulations, the Board shall
18 not adopt rules establishing such standards for the emission
19 of oxides of nitrogen under this Chapter. Any rules
20 establishing these standards that have already been adopted
21 before the findings by the United States Environmental
22 Protection Agency shall be repealed by the Board by
23 preemptory rulemaking under the Illinois Administrative
24 Procedure Act upon petition by the Agency.
25 Except as otherwise provided in this subsection,
26 subsection (b) of Section 27 of the Environmental Protection
27 Act and the rulemaking provisions of the Illinois
28 Administrative Procedure Act shall not apply to rules adopted
29 by the Board under this subsection. Challenges to the
30 validity of rules adopted by the Board under this subsection
31 (a) may only be brought by filing a petition for review in
32 the Appellate Court under Section 29 of the Environmental
33 Protection Act within 35 days after the rule is filed with
34 the Secretary of State.
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1 (b) The Agency shall establish, and may from time to
2 time amend, procedures designed to implement this Chapter.
3 (c) The standard smoke opacity for a diesel powered
4 vehicle weighing 8,000 pounds or more is as follows:
5 (1) No 1991 or later model year diesel powered
6 vehicle weighing 8,000 pounds or more with a federal peak
7 smoke engine certification operating on the roadways
8 within this State shall exceed 40% peak smoke opacity
9 when tested in accordance with subsection (i) of Section
10 13B-25.
11 (2) Except for paragraph (1) of this subsection, no
12 diesel powered vehicle weighing 8,000 pounds or more
13 operating on the roadways within this State shall exceed
14 55% peak smoke opacity when tested in accordance with
15 subsection (i) of Section 13B-25.
16 (Source: P.A. 88-533.)
17 (625 ILCS 5/13B-25)
18 Sec. 13B-25. Performance of inspections.
19 (a) The inspection of vehicles required or authorized
20 under this Chapter shall be performed only: (i) by inspectors
21 who have been certified by the Agency after successfully
22 completing a course of training and successfully passing a
23 written test; (ii) at official inspection stations or
24 official on-road inspection sites established under this
25 Chapter, except that inspections conducted pursuant to
26 subsections (j) and (k) of Section 13B-15 may be conducted at
27 weigh stations, roadside, or other reasonable locations; and
28 (iii) with equipment that has been approved by the Agency for
29 these inspections.
30 (b) Except as provided in subsections (c), and (d), and
31 (i), the inspection shall consist of (i) a loaded mode
32 exhaust gas analysis; (ii) an evaporative system integrity
33 test; (iii) an on-board computer diagnostic system check; and
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1 (iv) a verification that all required emission-related recall
2 repairs have been made under Title 40, Section 51.370 of the
3 Code of Federal Regulations, and may also include an
4 evaporative system purge test. The owner of the vehicle or
5 the owner's agent shall be entitled to an emission inspection
6 certificate issued by an inspector only if all required tests
7 are passed at the time of the inspection.
8 (c) A steady-state idle exhaust gas analysis may be
9 substituted for the loaded mode exhaust gas analysis and the
10 evaporative purge system test in the following cases:
11 (1) On any vehicle of model year 1980 or older.
12 (2) On any heavy duty vehicle with a manufacturer
13 gross vehicle weight rating in excess of 8,500 pounds.
14 (3) On any vehicle for which loaded mode testing is
15 not possible due to vehicle design or configuration.
16 (d) A steady-state idle gas analysis may also be
17 substituted for the new procedures specified in subsection
18 (b) in inspections conducted in calendar year 1995 on any
19 vehicle of model year 1990 or older.
20 (e) The exhaust gas analysis shall consist of a test of
21 an exhaust gas sample to determine whether the quantities of
22 exhaust gas pollutants emitted by the vehicle meet the
23 standards set for vehicles of that type under Section 13B-20.
24 A vehicle shall be deemed to have passed this portion of the
25 inspection if the evaluation of the exhaust gas sample
26 indicates that the quantities of exhaust gas pollutants
27 emitted by the vehicle do not exceed the standards set for
28 vehicles of that type under Section 13B-20 or an inspector
29 certifies that the vehicle qualifies for a waiver of the
30 exhaust gas pollutant standards under Section 13B-30.
31 (f) The evaporative system integrity test shall consist
32 of a procedure to determine if leaks exist in all or a
33 portion of the vehicle fuel evaporation emission control
34 system. A vehicle shall be deemed to have passed this test
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1 if it meets the criteria that the Board may adopt for an
2 evaporative system integrity test.
3 (g) The evaporative system purge test shall consist of a
4 procedure to verify the purging of vapors stored in the
5 evaporative canister. A vehicle shall be deemed to have
6 passed this test if it meets the criteria that the Board may
7 adopt for an evaporative system purge test.
8 (h) The on-board computer diagnostic test shall consist
9 of accessing the vehicle's on-board computer system, if so
10 equipped, and reading any stored diagnostic codes that may be
11 present. The vehicle shall be deemed to have passed this
12 test if the codes observed did not exceed standards set for
13 vehicles of that type under Section 13B-20.
14 (i) The inspection of a diesel powered vehicle weighing
15 8,000 pounds or more shall consist of the following:
16 (1) The smoke opacity measurement shall consist of
17 using a light-extinction type opacimeter capable of
18 measuring and recording opacity continuously during the
19 snap idle testing cycle. A strip chart recorder or an
20 equivalent or better recording device shall be used in
21 concert with the opacimeter to record opacity
22 continuously, including peak values. The opacimeter
23 shall be capable of providing opacity readings with
24 sufficient resolution to obtain 0.5 second-averaged
25 values. The peak 0.5 second-averaged value shall be used
26 for showing compliance with the standards in Section
27 13B-20. Where the response time of the instrument is
28 such that opacity is being measured at smaller than 0.5
29 second intervals, the meter shall have the capability of
30 providing or allowing the calculation of 0.5
31 second-averaged values. The opacimeter shall be either an
32 in-line full-flow opacimeter; end-of-line or plume type
33 full-flow opacimeter; or a sampling type partial flow
34 opacimeter. The opacimeter and recording devices shall
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1 be calibrated according to manufacturer's specifications.
2 Corrections for the effect of exhaust stack diameter
3 shall apply to opacity measurements made using an
4 end-of-line full-flow opacimeter. The opacimeter and
5 recorder shall comply with specifications in the
6 International Standards Organization ISO 393 and in
7 Society of Automotive Engineers (SAE) report number J255a
8 entitled "Diesel Engine Smoke Measurement".
9 (2) The test procedure using the snap idle cycle
10 shall occur when the engine is at normal operating
11 temperature and shall consist of the following
12 preparation, preconditioning, and testing phases:
13 (A) In the preparation phase, the vehicle shall
14 be placed at rest, the transmission shall be placed
15 in neutral, and the vehicle wheels shall be properly
16 restrained to prevent any rolling motion. In the
17 event of a roadside test, it shall be acceptable
18 under this Section for the driver to apply the
19 brakes during the test.
20 (B) In the preconditioning phase, the vehicle
21 shall be put through a snap idle cycle 3 or more
22 times until successive measured smoke opacity
23 readings are within 10% of each other. The
24 opacimeter shall be rechecked prior to the
25 preconditioning sequence to determine that its zero
26 and span setting are adjusted to manufacturer's
27 specifications.
28 (C) In the testing phase, the vehicle shall be
29 put through the snap idle cycle 3 times. The smoke
30 opacity shall be measured during the preconditioning
31 and testing phases with an opacimeter meeting the
32 requirements of this Section and shall be recorded
33 continuously on the recorder during each snap idle
34 cycle. The maximum 0.5 second averaged value
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1 recorded during each snap idle cycle shall be the
2 smoke opacity reading. The average of the 3 smoke
3 opacity readings shall be used to determine
4 compliance with the opacity standard under Section
5 13B-20.
6 (Source: P.A. 90-475, eff. 8-17-97.)
7 (625 ILCS 5/13B-40)
8 Sec. 13B-40. Grievance procedure. Any person aggrieved
9 by a decision regarding the failure of an emissions test,
10 other than an emission inspection conducted pursuant to
11 subsections (j) or (k) of Section 13B-15, or the denial of a
12 waiver may file a petition with the Agency within 30 days
13 after the decision was made, and the Agency shall thereupon
14 investigate the matter. Within 45 days after its receipt of
15 the petition, the Agency shall submit to the petitioner and
16 any affected inspector or station its written determination
17 of the correctness or incorrectness of the decision
18 complained of. The written determination shall include a
19 statement of the facts relied upon and the legal and
20 technical issues decided by the Agency in making its
21 determination, and may also include an order directing the
22 inspector (i) to issue an emission inspection certificate for
23 the vehicle effective on such date as the Agency may specify,
24 (ii) to reinspect the vehicle, (iii) to apply the standards
25 that the Agency has determined to be applicable, or (iv) to
26 take any other action that the Agency deems to be
27 appropriate. In conducting the investigation, the Agency may
28 require the petitioner to present the vehicle for inspection
29 by the Agency or its designated agent. The written
30 determination of the Agency shall be subject to review in
31 circuit court in accordance with the provisions of the
32 Administrative Review Law, except that no challenge to the
33 validity of a rule adopted by the Board under subsection (a)
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1 of Section 13B-20 shall be heard by the circuit court if the
2 challenge could have been raised in a timely petition for
3 review under Section 13B-20.
4 (Source: P.A. 88-533.)
5 (625 ILCS 5/13B-50)
6 Sec. 13B-50. Costs.
7 (a) Except as otherwise provided in subsection (e) of
8 Section 13B-15, no fee shall be charged to motor vehicle
9 owners for obtaining inspections required under this Chapter.
10 The Vehicle Inspection Fund, which is a fund created in the
11 State treasury for the purpose of receiving moneys from the
12 Motor Fuel Tax Fund and other sources, shall be used, subject
13 to appropriation, for the payment of the costs of the annual
14 motor vehicle emission inspection program, excluding the
15 costs of the emission inspections of diesel powered vehicles
16 weighing 8,000 pounds or more, including reimbursement of
17 those agencies of the State that incur expenses in the
18 administration or enforcement of the program. The Vehicle
19 Inspection Fund shall continue in existence notwithstanding
20 the repeal of Chapter 13A. Any money in the Vehicle
21 Inspection Fund on January 1, 1995, shall be used for the
22 purposes set forth in this Chapter, excluding the costs of
23 the emission inspections of diesel powered vehicles weighing
24 8,000 pounds or more.
25 For purposes of the emission inspections of diesel
26 powered vehicles weighing 8,000 pounds or more, the General
27 Revenue Fund shall be used, subject to appropriation, for the
28 reimbursement of those agencies of the State, but not
29 municipalities or counties of the State, that incur expenses
30 in the administration or enforcement of the program.
31 (b) The Agency may acquire, own, maintain, operate,
32 sell, lease and otherwise transfer real and personal property
33 and interests in real and personal property for the purpose
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1 of creating or operating inspection stations and for any
2 other purpose relating to the administration of this Chapter,
3 and may use money from the Vehicle Inspection Fund for these
4 purposes.
5 (Source: P.A. 88-533.)
6 (625 ILCS 5/13B-60)
7 Sec. 13B-60. Other offenses.
8 (a) Any person who knowingly displays an emission
9 inspection sticker or exemption sticker on any vehicle other
10 than the one for which the sticker was lawfully issued in
11 accordance with the provisions of this Chapter, or
12 duplicates, alters, uses, possesses, issues, or distributes
13 any emission inspection sticker, exemption sticker,
14 inspection certificate, or facsimile thereof, except in
15 accordance with the provisions of this Chapter and the rules
16 and regulations adopted hereunder, is guilty of a Class C
17 misdemeanor.
18 (b) A vehicle owner shall pay a monetary fine equivalent
19 to the test fee plus the applicable waiver repair expenditure
20 for the continued operation of a noncomplying vehicle beyond
21 4 months past the expiration of the vehicle emission
22 inspection certificate. Any fines collected under this
23 Section shall be divided equally between the local
24 jurisdiction issuing the citation and the Vehicle Inspection
25 Fund.
26 (c) It is unlawful for any person to operate a diesel
27 powered vehicle weighing 8,000 pounds or more upon the
28 roadways of this State in violation of the smoke opacity
29 emission standards set forth in subsection (c) of Section
30 13B-20. Notwithstanding any other penalty, whenever a law
31 enforcement officer determines that a diesel powered vehicle
32 weighing 8,000 pounds or more is in violation of subsection
33 (c) of Section 13B-20, as evidenced by issuance of a citation
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1 for a violation of subsection (c) of Section 13B-20, the
2 owner or operator of the vehicle shall be guilty of a petty
3 offense punishable by a fine of not less than $400, except
4 that a third or subsequent violation within one year of the
5 first violation is a Class C misdemeanor.
6 (Source: P.A. 88-533.)