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91_HB2031eng HB2031 Engrossed LRB9104097KSgcC 1 AN ACT concerning motor vehicles, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.490 as follows: 6 (30 ILCS 105/5.490 new) 7 Sec. 5.490. The Diesel Emissions Testing Fund. 8 Section 7. The State Mandates Act is amended by adding 9 Section 8.23 as follows: 10 (30 ILCS 805/8.23 new) 11 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 12 and 8 of this Act, no reimbursement by the State is required 13 for the implementation of any mandate created by this 14 amendatory Act of the 91st General Assembly. 15 Section 10. The Illinois Vehicle Code is amended by 16 changing Sections 13-101, 13-103, 13-109, and 13-114 and 17 adding Sections 13-100.1, 13-101.2, 13-101.3, 13-102.1, 18 13-116.1, and 13-117 as follows: 19 (625 ILCS 5/13-100.1 new) 20 Sec. 13-100.1. Definitions. As used in this Chapter, 21 "affected areas" means the counties of Cook, DuPage, Lake, 22 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the 23 townships of Aux Sable and Goose Lake in Grundy County and 24 the township of Oswego in Kendall County. 25 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101) 26 Sec. 13-101. Submission to safety test; Certificate of HB2031 Engrossed -2- LRB9104097KSgcC 1 safety. To promote the safety of the general public, every 2 owner of a second division vehicle, medical transport 3 vehicle, or tow truck shall, before operating it upon the 4 highways of Illinois, submit it to a "safety test" and secure 5 a certificate of safety furnished by the Department as set 6 forth in Section 13-109. Each second division motor vehicle 7 that pulls or draws a trailer, semitrailer or pole trailer, 8 with a gross weight of more than 8,000 lbs or is registered 9 for a gross weight of more than 8,000 lbs, motor bus, 10 religious organization bus, school bus, senior citizen 11 transportation vehicle, and limousine shall be subject to 12 inspection by the Department and the Department is authorized 13 to establish rules and regulations for the implementation of 14 such inspections. 15 The owners of each salvage vehicle shall submit it to a 16 "safety test" and secure a certificate of safety furnished by 17 the Department prior to its salvage vehicle inspection 18 pursuant to Section 3-308 of this Code. 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, 22 wagons, wagon-trailers or like farm vehicles used 23 primarily in agricultural pursuits; 24 (b) vehicles other than school buses, tow trucks 25 and medical transport vehicles owned or operated by a 26 municipal corporation or political subdivision having a 27 population of 1,000,000 or more inhabitants and which are 28 subject to safety tests imposed by local ordinance or 29 resolution; 30 (c) a semitrailer or trailer having a gross weight 31 of 5,000 pounds or less including vehicle weight and 32 maximum load; 33 (d) recreational vehicles; 34 (e) vehicles registered as and displaying Illinois HB2031 Engrossed -3- LRB9104097KSgcC 1 antique vehicle plates; 2 (f) house trailers equipped and used for living 3 quarters; 4 (g) vehicles registered as and displaying Illinois 5 permanently mounted equipment plates or similar vehicles 6 eligible therefor but registered as governmental vehicles 7 provided that if said vehicle is reclassified from a 8 permanently mounted equipment plate so as to lose the 9 exemption of not requiring a certificate of safety, such 10 vehicle must be safety tested within 30 days of the 11 reclassification; 12 (h) vehicles owned or operated by a manufacturer, 13 dealer or transporter displaying a special plate or 14 plates as described in Chapter 3 of this Code while such 15 vehicle is being delivered from the manufacturing or 16 assembly plant directly to the purchasing dealership or 17 distributor, or being temporarily road driven for quality 18 control testing, or from one dealer or distributor to 19 another, or are being moved by the most direct route from 20 one location to another for the purpose of installing 21 special bodies or equipment, or driven for purposes of 22 demonstration by a prospective buyer with the dealer or 23 his agent present in the cab of the vehicle during the 24 demonstration; 25 (i) pole trailers and auxiliary axles; 26 (j) special mobile equipment; 27 (k) vehicles properly registered in another State 28 pursuant to law and displaying a valid registration 29 plate; 30 (l) water-well boring apparatuses or rigs; 31 (m) any vehicle which is owned and operated by the 32 federal government and externally displays evidence of 33 such ownership; and 34 (n) second division vehicles registered for a gross HB2031 Engrossed -4- LRB9104097KSgcC 1 weight of 8,000 pounds or less, except when such second 2 division motor vehicles pull or draw a trailer, 3 semi-trailer or pole trailer having a gross weight of or 4 registered for a gross weight of more than 8,000 pounds; 5 motor buses; religious organization buses; school buses; 6 senior citizen transportation vehicles; medical transport 7 vehicles and tow trucks. 8 The safety test shall include the testing and inspection 9 of brakes, lights, horns, reflectors, rear vision mirrors, 10 mufflers, safety chains, windshields and windshield wipers, 11 warning flags and flares, frame, axle, cab and body, or cab 12 or body, wheels, steering apparatus, and other safety devices 13 and appliances required by this Code and such other safety 14 tests as the Department may by rule or regulation require, 15 for second division vehicles, school buses, medical transport 16 vehicles, tow trucks, trailers and semitrailers subject to 17 inspection. 18 For tow trucks, the safety test and inspection shall also 19 include the inspection of winch mountings, body panels, body 20 mounts, wheel lift swivel points, and sling straps, and other 21 tests and inspections the Department by rule requires for tow 22 trucks. 23 For trucks, truck tractors, trailers, semi-trailers, and 24 buses, the safety test shall be conducted in accordance with 25 the Minimum Periodic Inspection Standards promulgated by the 26 Federal Highway Administration of the U.S. Department of 27 Transportation and contained in Appendix G to Subchapter B of 28 Chapter III of Title 49 of the Code of Federal Regulations. 29 Those standards, as now in effect, are made a part of this 30 Code, in the same manner as though they were set out in full 31 in this Code. 32 Diesel emission inspections conducted under this Chapter 33 13 shall be conducted in accordance with the Society of 34 Automotive Engineers Recommended Practice J1667 HB2031 Engrossed -5- LRB9104097KSgcC 1 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel 2 Powered Vehicles" and the cutpoint standards set forth in the 3 United States Environmental Protection Agency guidance 4 document "Guidance to States on Smoke Opacity Cutpoints to be 5 used with the SAE J1667 In-Use Smoke Test Procedure". Those 6 procedures and standards, as now in effect, are made a part 7 of this Code, in the same manner as though they were set out 8 in full in this Code. 9 The passing of the safety test shall not be a bar at any 10 time to prosecution for operating a second division vehicle 11 or medical transport vehicle which is unsafe as determined by 12 the standards prescribed in this Code. 13 (Source: P.A. 89-433, eff. 12-15-95.) 14 (625 ILCS 5/13-101.2 new) 15 Sec. 13-101.2. Nonscheduled diesel powered vehicle 16 emission inspections. The Department of State Police is 17 authorized to perform nonscheduled emission inspections of 18 diesel powered vehicles that are operated on the roadways of 19 this State within the affected areas and are registered for a 20 gross weight of more than 8,000 pounds. The inspections shall 21 adhere to the procedures and standards set forth in Section 22 13-101. These nonscheduled emission inspections shall be 23 conducted by the Department of State Police, or their 24 authorized agents, at weigh stations, roadside, or other safe 25 and reasonable locations within the affected areas. Before 26 any person may inspect a diesel vehicle under this Section, 27 he or she must receive adequate training and certification 28 for diesel emission inspections by the Department of State 29 Police. The Department of State Police is authorized to 30 promulgate rules for the training and certification of 31 persons who conduct emission inspections under this Section. 32 (625 ILCS 5/13-101.3 new) HB2031 Engrossed -6- LRB9104097KSgcC 1 Sec. 13-101.3. Pollution Control Board diesel emission 2 standards and tests. Within 8 months of the effective date 3 of this amendatory Act of the 91st General Assembly, the 4 Pollution Control Board shall amend its heavy-duty diesel 5 smoke opacity standards and test procedures to be consistent 6 with the procedures and standards set forth in Section 7 13-101. 8 (625 ILCS 5/13-102.1 new) 9 Sec. 13-102.1. Diesel powered vehicle emission 10 inspection report. Beginning January 1, 2001, the Department 11 of Transportation and the Department of State Police shall 12 each conduct an annual study, independent of each other, 13 concerned with the results of emission inspections for diesel 14 powered vehicles registered for a gross weight of more than 15 8,000 pounds. The studies shall be reported to the General 16 Assembly by December 31, 2001, and every December 31 17 thereafter. The studies shall also be sent to the Illinois 18 Environmental Protection Agency for its use in environmental 19 matters. 20 The studies shall include, but not be limited to, the 21 following information: 22 (a) the number of diesel powered vehicles that were 23 inspected for emission compliance conducted by their 24 respective Departments pursuant to this Chapter 13 during 25 the previous year; 26 (b) the number of diesel powered vehicles that 27 failed and passed the emission inspections conducted by 28 their respective Departments required pursuant to this 29 Chapter 13 during the previous year; and 30 (c) the number of diesel powered vehicles that 31 failed the emission inspections conducted by the 32 respective Departments pursuant to this Chapter 13 more 33 than once in the previous year. HB2031 Engrossed -7- LRB9104097KSgcC 1 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103) 2 Sec. 13-103. Official testing stations - Fee - Permit - 3 Bond. Upon the payment of a fee of $10 and the filing of an 4 application by the proprietor of any vehicle service station 5 or public or private garage upon forms furnished by the 6 Department, accompanied by proof of experience, training and 7 ability of the operator of the testing equipment, together 8 with proof of installation of approved testing equipment as 9 defined in Section 13-102 and the giving of a bond 10 conditioned upon faithful observance of this Section and of 11 rules and regulations issued by the Department in the amount 12 of $1,000 with security approved by the Department, the 13 Department shall issue a permit to the proprietor of such 14 vehicle service station or garage to operate an Official 15 Testing Station. Such permit shall expire 12 months following 16 its issuance, but may be renewed annually by complying with 17 the requirements set forth in this Section and upon the 18 payment of a renewal fee of $10. Proprietors of official 19 testing stations for which permits have been issued prior to 20 the effective date of this Act may renew such permits for the 21 renewal fee of $10 on the expiration of each 12 months 22 following issuance of such permits, by complying with the 23 requirements set forth in this Section. However, any city, 24 village or incorporated town shall upon application to the 25 Department and without payment of any fee or filing of any 26 bond, but upon proof of experience, training and ability of 27 the operator of the testing equipment, and proof of the 28 installation of approved testing equipment as defined in 29 Section 13-102, be issued a permit to operate such testing 30 station as an Official Testing Station under this Act. The 31 permit so issued shall at all times be displayed in a 32 prominent place in the vehicle service station, garage or 33 municipal testing station which is licensed as an Official 34 Testing Station under this Act. No person or vehicle service HB2031 Engrossed -8- LRB9104097KSgcC 1 station, garage or municipal testing station shall in any 2 manner claim or represent himself or itself to be an official 3 testing station unless a permit has been issued to him or it 4 as provided in this Section. 5 Any person or municipality who or which has received a 6 permit under this Section may test his or its own second 7 division vehicles and issue certificates of safety with 8 respect to any such second division vehicles owned, operated 9 or controlled by him or it. Notwithstanding the above 10 provisions, in no event may any municipality that has 11 received a permit under this Section test diesel powered 12 vehicles to determine compliance with the emission standards 13 set forth in Section 13-101 for the purpose of this Chapter 14 13. 15 Each such permit issued by the Department shall state on 16 its face the location of the official testing station to be 17 operated under the permit and safety tests shall be made only 18 at such location. However, the Department may, upon 19 application, authorize a change in the location of the 20 official testing station and the removal of the testing 21 equipment to the new location. Upon approval of such 22 application, the Department shall issue an endorsement which 23 the applicant shall affix to his permit. Such endorsement 24 constitutes authority for the applicant to make such change 25 in location and to remove his testing equipment at the times 26 and to the places stated in the endorsement. 27 (Source: P.A. 80-606.) 28 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109) 29 Sec. 13-109. Safety test prior to application for 30 license - Subsequent tests - Repairs - Retest. 31 (a) Except as otherwise provided in Chapter 13, each 32 second division vehicle and medical transport vehicle, except 33 those vehicles other than school buses or medical transport HB2031 Engrossed -9- LRB9104097KSgcC 1 vehicles owned or operated by a municipal corporation or 2 political subdivision having a population of 1,000,000 or 3 more inhabitants which are subjected to safety tests imposed 4 by local ordinance or resolution, operated in whole or in 5 part over the highways of this State shall be subjected to 6 the safety test provided for in Chapter 13 of this Code. 7 Tests shall be conducted at an official testing station 8 within 6 months prior to the application for registration as 9 provided for in this Code. Subsequently each vehicle shall 10 be subject to tests at least every 6 months, and in the case 11 of school buses at least every 6 months or 10,000 miles 12 whichever occurs first, and according to schedules 13 established by rules and regulations promulgated by the 14 Department. Any component subject to regular inspection 15 which is damaged in a reportable accident must be reinspected 16 before the bus is returned to service. 17 (b) The Department shall also conduct periodic 18 nonscheduled inspections of school buses, of buses registered 19 as charitable vehicles and of religious organization buses. 20 If such inspection reveals that a vehicle is not in 21 substantial compliance with the rules promulgated by the 22 Department, the Department shall remove the Certificate of 23 Safety from the vehicle, and shall place the vehicle 24 out-of-service. A bright orange, triangular decal shall be 25 placed on an out-of-service vehicle where the Certificate of 26 Safety has been removed. The vehicle must pass a safety test 27 at an official testing station before it is again placed in 28 service. 29 (c) If the violation is not substantial a bright yellow, 30 triangular sticker shall be placed next to the Certificate of 31 Safety at the time the nonscheduled inspection is made. The 32 Department shall reinspect the vehicle after 3 working days 33 to determine that the violation has been corrected and remove 34 the yellow, triangular decal. If the violation is not HB2031 Engrossed -10- LRB9104097KSgcC 1 corrected within 3 working days, the Department shall place 2 the vehicle out-of-service in accordance with procedures in 3 subsection (b). 4 (d) If a violation is not substantial and does not 5 directly affect the safe operation of the vehicle, the 6 Department shall issue a warning notice requiring correction 7 of the violation. Such correction shall be accomplished as 8 soon as practicable and a report of the correction shall be 9 made to the Department within 30 days in a manner established 10 by the Department. If the Department has not been advised 11 that the corrections have been made, and the violations still 12 exist, the Department shall place the vehicle out-of-service 13 in accordance with procedures in subsection (b). 14 (e) The Department is authorized to promulgate 15 regulations to implement its program of nonscheduled 16 inspections. Causing or allowing the operation of an 17 out-of-service vehicle with passengers or unauthorized 18 removal of an out-of-service sticker is a Class 3 felony. 19 Causing or allowing the operation of a vehicle with a 3-day 20 sticker for longer than 3 days with the sticker attached or 21 the unauthorized removal of a 3-day sticker is a Class C 22 misdemeanor. 23 (f) If a second division vehicle or medical transport 24 vehicle is in safe mechanical condition, as determined 25 pursuant to Chapter 13, the operator of the official testing 26 station must at once issue to the second division vehicle or 27 medical transport vehicle a certificate of safety, in the 28 form and manner prescribed by the Department, which shall be 29 affixed to the vehicle by the certified safety tester who 30 performed the safety tests. The owner of the second division 31 vehicle or medical transport vehicle shall at all times 32 display the Certificate of Safety on the second division 33 vehicle or medical transport vehicle in the manner prescribed 34 by the Department. HB2031 Engrossed -11- LRB9104097KSgcC 1 (g) If a test shows that a second division vehicle or 2 medical transport vehicle is not in safe mechanical condition 3 as provided in this Section, it shall not be operated on the 4 highways until it has been repaired and submitted to a retest 5 at an official testing station. If the owner submits the 6 second division vehicle or medical transport vehicle to a 7 retest at a different official testing station from that 8 where it failed to pass the first test, he shall present to 9 the operator of the second station the report of the original 10 test, and shall notify the Department in writing, giving the 11 name and address of the original testing station and the 12 defects which prevented the issuance of a Certificate of 13 Safety, and the name and address of the second official 14 testing station making the retest. 15 (h) During one safety test a year as determined by the 16 Department, for each diesel powered vehicle that is 17 registered for a gross weight of more than 8,000 pounds and 18 is registered within an affected area, the safety test shall 19 include an emission inspection conducted at an official 20 testing station certified by the Department to perform diesel 21 emissions inspections pursuant to the procedures for diesel 22 emissions inspections set forth in Section 13-101. Diesel 23 powered vehicles that are registered for a gross weight of 24 more than 8,000 pounds, that are registered within an 25 affected area, and that fall under the description in 26 subsection (b) of Section 13-101 are required to submit to an 27 emission inspection under this Chapter 13. 28 If the inspection reveals that the vehicle is not in 29 compliance with the diesel emission standard set forth in 30 Section 13-101, the operator of the official testing station 31 shall issue a warning notice requiring correction of the 32 violation. The correction shall be made and the vehicle 33 submitted to an emissions retest at an official testing 34 station certified by the Department to perform diesel HB2031 Engrossed -12- LRB9104097KSgcC 1 emission inspections within 30 days from the issuance of the 2 warning notice requiring correction of the violation. 3 If within 30 days from the issuance of the warning 4 notice, the vehicle is not in compliance with the diesel 5 emission standards set forth in Section 13-101 as determined 6 by an emissions retest at an official testing station, the 7 operator of the official testing station or the Department 8 shall place the vehicle out-of-service in accordance with the 9 rules promulgated by the Department. Operating a vehicle that 10 has been placed out-of-service under this subsection (h) is a 11 business offense punishable by a $1,000 fine. The vehicle 12 must pass a diesel emission inspection at an official testing 13 station before it is again placed in service. 14 The Secretary of State, Department of State Police, and 15 other law enforcement officers shall enforce this subsection 16 (h). All moneys received from fines imposed under this 17 subsection shall be paid into the Diesel Emissions Testing 18 Fund. All citations issued pursuant to this subsection shall 19 be considered non-moving violations. The Department is 20 authorized to promulgate rules to implement its 21 responsibilities under this Section. 22 (i) Except as provided in subsection (h) and this 23 subsection (i), it is unlawful for any person to operate a 24 diesel powered vehicle that is registered for a gross weight 25 of more than 8,000 pounds upon the roadways of this State in 26 violation of the diesel emission standards set forth in 27 Section 13-101. Notwithstanding any other penalty, whenever 28 a law enforcement officer of the Department of State Police 29 determines that a diesel powered vehicle that is registered 30 for a gross weight of more than 8,000 pounds is in violation 31 of the diesel emission standards, as evidenced by issuance of 32 a citation for a violation of the standards, the operator of 33 the vehicle shall be guilty of a business offense punishable 34 by a $400 fine, except that a third or subsequent violation HB2031 Engrossed -13- LRB9104097KSgcC 1 within one year of the first violation is a business offense 2 punishable by a $1,000 fine. In no event may an operator who 3 has received a citation under this subsection (i) receive, 4 within 30 days of the initial citation, a second or 5 subsequent citation for operating the same vehicle in 6 violation of the diesel emission standard under this Chapter. 7 All moneys received from fines imposed under this subsection 8 shall be paid into the Diesel Emissions Testing Fund. All 9 citations issued pursuant to this subsection shall be 10 considered non-moving violations. 11 (j) There is hereby created within the State Treasury a 12 special fund to be known as the Diesel Emissions Testing 13 Fund, constituted from the fines collected pursuant to 14 subsections (h) and (i) of this Section. Subject to 15 appropriation, moneys from the Diesel Emissions Testing Fund 16 shall be available, as a supplement to moneys appropriated 17 from the General Revenue Fund, to the Department of 18 Transportation and the Department of State Police for their 19 implementation of the diesel emission inspection requirements 20 under this Chapter 13. 21 (Source: P.A. 86-447; 86-1223.) 22 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) 23 Sec. 13-114. Interstate carriers of property. Any 24 vehicle registered in Illinois and operated by an interstate 25 carrier of property shall be exempt from the provisions of 26 this Chapter provided such carrier has registered with the 27 Bureau of Motor Carrier Safety of the Federal Highway 28 Administration as an interstate motor carrier of property and 29 has been assigned a federal census number by such Bureau. An 30 interstate carrier of property, however, is not exempt from 31 the provisions of Section 13-111(b) of this Chapter. 32 Any vehicle registered in Illinois and operated by a 33 private interstate carrier of property shall be exempt from HB2031 Engrossed -14- LRB9104097KSgcC 1 the provisions of this Chapter, except the provisions of 2 Section 13-111(b), provided it: 3 1. is registered with the Bureau of Motor Carrier 4 Safety of the Federal Highway Administration, and 5 2. carries in the motor vehicle documentation 6 issued by the Bureau of Motor Carrier Safety of the 7 Federal Highway Administration displaying the federal 8 census number assigned, and 9 3. displays on the sides of the motor vehicle the 10 census number, which must be no less than 2 inches high, 11 with a brush stroke no less than 1/4 inch wide in a 12 contrasting color. 13 Notwithstanding any other provision of this Section, each 14 diesel powered vehicle that is registered for a gross weight 15 of more than 8,000 pounds, registered within the affected 16 area, and operated by an interstate carrier of property or a 17 private interstate carrier of property within the affected 18 area is subject to the provisions of this Chapter that 19 pertain to diesel emission inspections. 20 (Source: P.A. 85-1407.) 21 (625 ILCS 5/13-116.1 new) 22 Sec. 13-116.1. Emission inspection funding. The 23 Department of Transportation and the Department of State 24 Police shall be reimbursed for all expenses related to the 25 training, equipment, recordkeeping, and conducting of diesel 26 powered emission inspections pursuant to this Chapter 13 when 27 that testing is conducted within the affected areas, subject 28 to appropriation, from the General Revenue Fund and the 29 Diesel Emissions Testing Fund. No moneys from any funds 30 other than the General Revenue Fund and the Diesel Emissions 31 Testing Fund shall be appropriated for diesel emission 32 inspections under this Chapter 13. HB2031 Engrossed -15- LRB9104097KSgcC 1 (625 ILCS 5/13-117 new) 2 Sec. 13-117. Home rule. A unit of local government 3 within the affected areas, including home rule units, shall 4 not require or conduct a diesel emission inspection program 5 that does not meet or exceed the procedures and standards of 6 the diesel emission inspections provided for in this Chapter 7 13. A unit of local government within the affected areas, 8 including home rule units, must affirmatively comply with the 9 diesel emission inspection requirements of this Chapter 13 10 and does not comply with the diesel emission inspection 11 requirements of this Chapter 13 by conducting its own tests. 12 This Section is a limitation under subsection (i) of Section 13 6 of Article VII of the Illinois Constitution on the 14 concurrent exercise by home rule units of powers and 15 functions exercised by the State.