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91_HB2031ham001
LRB9104097KSsbam
1 AMENDMENT TO HOUSE BILL 2031
2 AMENDMENT NO. . Amend House Bill 2031 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Vehicle Code is amended by
8 changing Sections 13-101, 13-103, 13-109, and 13-114 and
9 adding Sections 13-100.1, 13-101.2, 13-102.1, and 13-116.1 as
10 follows:
11 (625 ILCS 5/13-100.1 new)
12 Sec. 13-100.1. Definitions As used in this Chapter,
13 "affected areas" means the counties of Cook, DuPage, Lake,
14 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
15 townships of Aux Sable, Goose Lake, and Oswego.
16 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
17 Sec. 13-101. Submission to safety test; Certificate of
18 safety. To promote the safety of the general public, every
19 owner of a second division vehicle, medical transport
20 vehicle, or tow truck shall, before operating it upon the
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1 highways of Illinois, submit it to a "safety test" and secure
2 a certificate of safety furnished by the Department as set
3 forth in Section 13-109. Each second division motor vehicle
4 that pulls or draws a trailer, semitrailer or pole trailer,
5 with a gross weight of more than 8,000 lbs or is registered
6 for a gross weight of more than 8,000 lbs, motor bus,
7 religious organization bus, school bus, senior citizen
8 transportation vehicle, and limousine shall be subject to
9 inspection by the Department and the Department is authorized
10 to establish rules and regulations for the implementation of
11 such inspections.
12 The owners of each salvage vehicle shall submit it to a
13 "safety test" and secure a certificate of safety furnished by
14 the Department prior to its salvage vehicle inspection
15 pursuant to Section 3-308 of this Code.
16 However, none of the provisions of Chapter 13 requiring
17 safety tests or a certificate of safety shall apply to:
18 (a) farm tractors, machinery and implements,
19 wagons, wagon-trailers or like farm vehicles used
20 primarily in agricultural pursuits;
21 (b) vehicles other than school buses, tow trucks
22 and medical transport vehicles owned or operated by a
23 municipal corporation or political subdivision having a
24 population of 1,000,000 or more inhabitants and which are
25 subject to safety tests imposed by local ordinance or
26 resolution;
27 (c) a semitrailer or trailer having a gross weight
28 of 5,000 pounds or less including vehicle weight and
29 maximum load;
30 (d) recreational vehicles;
31 (e) vehicles registered as and displaying Illinois
32 antique vehicle plates;
33 (f) house trailers equipped and used for living
34 quarters;
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1 (g) vehicles registered as and displaying Illinois
2 permanently mounted equipment plates or similar vehicles
3 eligible therefor but registered as governmental vehicles
4 provided that if said vehicle is reclassified from a
5 permanently mounted equipment plate so as to lose the
6 exemption of not requiring a certificate of safety, such
7 vehicle must be safety tested within 30 days of the
8 reclassification;
9 (h) vehicles owned or operated by a manufacturer,
10 dealer or transporter displaying a special plate or
11 plates as described in Chapter 3 of this Code while such
12 vehicle is being delivered from the manufacturing or
13 assembly plant directly to the purchasing dealership or
14 distributor, or being temporarily road driven for quality
15 control testing, or from one dealer or distributor to
16 another, or are being moved by the most direct route from
17 one location to another for the purpose of installing
18 special bodies or equipment, or driven for purposes of
19 demonstration by a prospective buyer with the dealer or
20 his agent present in the cab of the vehicle during the
21 demonstration;
22 (i) pole trailers and auxiliary axles;
23 (j) special mobile equipment;
24 (k) vehicles properly registered in another State
25 pursuant to law and displaying a valid registration
26 plate;
27 (l) water-well boring apparatuses or rigs;
28 (m) any vehicle which is owned and operated by the
29 federal government and externally displays evidence of
30 such ownership; and
31 (n) second division vehicles registered for a gross
32 weight of 8,000 pounds or less, except when such second
33 division motor vehicles pull or draw a trailer,
34 semi-trailer or pole trailer having a gross weight of or
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1 registered for a gross weight of more than 8,000 pounds;
2 motor buses; religious organization buses; school buses;
3 senior citizen transportation vehicles; medical transport
4 vehicles and tow trucks.
5 The safety test shall include the testing and inspection
6 of brakes, lights, horns, reflectors, rear vision mirrors,
7 mufflers, safety chains, windshields and windshield wipers,
8 warning flags and flares, frame, axle, cab and body, or cab
9 or body, wheels, steering apparatus, and other safety devices
10 and appliances required by this Code and such other safety
11 tests as the Department may by rule or regulation require,
12 for second division vehicles, school buses, medical transport
13 vehicles, tow trucks, trailers and semitrailers subject to
14 inspection.
15 During one safety test a year, for those diesel powered
16 vehicles that are registered for a gross weight of more than
17 8,000 pounds and are registered to a resident or unit of
18 local government of an affected area, the safety test shall
19 include an emission inspection by the Department. Those
20 diesel powered vehicles that are registered for a gross
21 weight of more than 8,000 pounds, are registered to a
22 resident or a unit of local government of an affected area,
23 and fall under the description in subsection (b) or (c) of
24 this Section are required to submit to an annual emission
25 inspection, even if they are not required to submit to a
26 safety test under this Chapter 13.
27 For tow trucks, the safety test and inspection shall also
28 include the inspection of winch mountings, body panels, body
29 mounts, wheel lift swivel points, and sling straps, and other
30 tests and inspections the Department by rule requires for tow
31 trucks.
32 For trucks, truck tractors, trailers, semi-trailers, and
33 buses, the safety test shall be conducted in accordance with
34 the Minimum Periodic Inspection Standards promulgated by the
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1 Federal Highway Administration of the U.S. Department of
2 Transportation and contained in Appendix G to Subchapter B of
3 Chapter III of Title 49 of the Code of Federal Regulations.
4 Those standards, as now in effect, are made a part of this
5 Code, in the same manner as though they were set out in full
6 in this Code.
7 For those diesel powered vehicles that are registered for
8 a gross weight of more than 8,000 pounds that are subject to
9 diesel emission inspections under this Chapter 13, the diesel
10 emission inspections shall be conducted according to the
11 procedures and standards established by rule by the Pollution
12 Control Board. Before any person may inspect a diesel
13 powered vehicle for emission compliance he or she must
14 receive adequate training and certification for diesel
15 emission inspections by the Department. The Department is
16 authorized to promulgate rules for the training and
17 certification of diesel powered vehicle emission inspection
18 personnel.
19 The passing of the safety test shall not be a bar at any
20 time to prosecution for operating a second division vehicle
21 or medical transport vehicle which is unsafe as determined by
22 the standards prescribed in this Code.
23 (Source: P.A. 89-433, eff. 12-15-95.)
24 (625 ILCS 5/13-101.2 new)
25 Sec. 13-101.2. Random diesel powered vehicle emission
26 inspections. The Department of State Police is authorized to
27 perform random emission inspections of diesel powered
28 vehicles that are registered for a gross weight of more than
29 8,000 pounds and are operated on the roadways of this State
30 within the affected areas. The inspections shall adhere to
31 the procedures and standards established by the Pollution
32 Control Board. These random emission inspections shall be
33 conducted by the Department of State Police, or their
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1 authorized agents, at weigh stations, roadside, or other safe
2 and reasonable locations. Before any person may inspect a
3 diesel vehicle under this Section, he or she must receive
4 adequate training and certification for diesel emission
5 inspections by the Department. The Department is authorized
6 to promulgate rules for the training and certification of
7 diesel powered vehicle emission inspection personnel.
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 policy 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
23 registered for a gross weight of more than 8,000 pounds
24 that were inspected for emission compliance conducted by
25 their respective Departments pursuant to this Chapter 13
26 during the previous year;
27 (b) the number of diesel powered vehicles that
28 failed and passed the emission inspections conducted by
29 their respective Departments required pursuant to this
30 Chapter 13 during the previous year; and
31 (c) the number of diesel powered vehicles that
32 failed the emission inspections conducted by the
33 respective Departments pursuant to this Chapter 13 more
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1 than once in the previous year.
2 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
3 Sec. 13-109. Safety test prior to application for
4 license - Subsequent tests - Repairs - Retest.
5 (a) Except as otherwise provided in Chapter 13, each
6 second division vehicle and medical transport vehicle, except
7 those vehicles other than school buses or medical transport
8 vehicles owned or operated by a municipal corporation or
9 political subdivision having a population of 1,000,000 or
10 more inhabitants which are subjected to safety tests imposed
11 by local ordinance or resolution, operated in whole or in
12 part over the highways of this State shall be subjected to
13 the safety test provided for in Chapter 13 of this Code.
14 Tests shall be conducted at an official testing station
15 within 6 months prior to the application for registration as
16 provided for in this Code. Subsequently each vehicle shall
17 be subject to tests at least every 6 months, and in the case
18 of school buses at least every 6 months or 10,000 miles
19 whichever occurs first, and according to schedules
20 established by rules and regulations promulgated by the
21 Department. Any component subject to regular inspection
22 which is damaged in a reportable accident must be reinspected
23 before the bus is returned to service.
24 During one safety test a year, for each diesel powered
25 vehicle that is registered for a gross weight of more than
26 8,000 pounds and is registered to a resident or unit of local
27 government of an affected area, the safety test shall include
28 an emission inspection by the Department. Those diesel
29 powered vehicles that are registered for a gross weight of
30 more than 8,000 pounds, are registered to a resident or a
31 unit of local government of an affected area, and fall under
32 the description in subsection (b) or (c) of Section 13-101
33 are required to submit to an annual emission inspection, even
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1 if they are not required to submit to a safety test under
2 this Chapter 13.
3 (b) The Department shall also conduct periodic
4 nonscheduled inspections of school buses, of buses registered
5 as charitable vehicles and of religious organization buses.
6 If such inspection reveals that a vehicle is not in
7 substantial compliance with the rules promulgated by the
8 Department, the Department shall remove the Certificate of
9 Safety from the vehicle, and shall place the vehicle
10 out-of-service. A bright orange, triangular decal shall be
11 placed on an out-of-service vehicle where the Certificate of
12 Safety has been removed. The vehicle must pass a safety test
13 at an official testing station before it is again placed in
14 service.
15 (c) If the violation is not substantial a bright yellow,
16 triangular sticker shall be placed next to the Certificate of
17 Safety at the time the nonscheduled inspection is made. The
18 Department shall reinspect the vehicle after 3 working days
19 to determine that the violation has been corrected and remove
20 the yellow, triangular decal. If the violation is not
21 corrected within 3 working days, the Department shall place
22 the vehicle out-of-service in accordance with procedures in
23 subsection (b).
24 (d) If a violation is not substantial and does not
25 directly affect the safe operation of the vehicle, or if the
26 violation is a violation of the emission standards of the
27 Pollution Control Board for a diesel powered vehicle
28 registered for a gross weight of more than 8,000 pounds, the
29 Department shall issue a warning notice requiring correction
30 of the violation. Such correction shall be accomplished as
31 soon as practicable and a report of the correction shall be
32 made to the Department within 30 days in a manner established
33 by the Department. If the Department has not been advised
34 that the corrections have been made, and the violations still
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1 exist, the Department shall place the vehicle out-of-service
2 in accordance with procedures in subsection (b).
3 (e) The Department is authorized to promulgate
4 regulations to implement its program of nonscheduled
5 inspections. Causing or allowing the operation of an
6 out-of-service vehicle with passengers or unauthorized
7 removal of an out-of-service sticker is a Class 3 felony.
8 Causing or allowing the operation of a vehicle with a 3-day
9 sticker for longer than 3 days with the sticker attached or
10 the unauthorized removal of a 3-day sticker is a Class C
11 misdemeanor.
12 (f) If a second division vehicle or medical transport
13 vehicle is in safe mechanical condition, as determined
14 pursuant to Chapter 13, the operator of the official testing
15 station must at once issue to the second division vehicle or
16 medical transport vehicle a certificate of safety, in the
17 form and manner prescribed by the Department, which shall be
18 affixed to the vehicle by the certified safety tester who
19 performed the safety tests. The owner of the second division
20 vehicle or medical transport vehicle shall at all times
21 display the Certificate of Safety on the second division
22 vehicle or medical transport vehicle in the manner prescribed
23 by the Department.
24 (g) If a test shows that a second division vehicle or
25 medical transport vehicle is not in safe mechanical condition
26 as provided in this Section, it shall not be operated on the
27 highways until it has been repaired and submitted to a retest
28 at an official testing station. If the owner submits the
29 second division vehicle or medical transport vehicle to a
30 retest at a different official testing station from that
31 where it failed to pass the first test, he shall present to
32 the operator of the second station the report of the original
33 test, and shall notify the Department in writing, giving the
34 name and address of the original testing station and the
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1 defects which prevented the issuance of a Certificate of
2 Safety, and the name and address of the second official
3 testing station making the retest.
4 (h) It is unlawful for any person to operate a diesel
5 powered vehicle that is registered for a gross weight of more
6 than 8,000 pounds upon the roadways of this State in
7 violation of the smoke opacity emission standards set forth
8 by the Pollution Control Board. Notwithstanding any other
9 penalty, whenever a law enforcement officer of the Department
10 of State Police determines that a diesel powered vehicle that
11 is registered for a gross weight of more than 8,000 pounds is
12 in violation of the standards promulgated by the Pollution
13 Control Board, as evidenced by issuance of a citation for a
14 violation of the standards promulgated by the Pollution
15 Control Board, the owner or operator of the vehicle shall be
16 guilty of a petty offense punishable by a fine of not less
17 than $400, except that a third or subsequent violation within
18 one year of the first violation is a Class C misdemeanor.
19 (Source: P.A. 86-447; 86-1223.)
20 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
21 Sec. 13-114. Interstate carriers of property. Any
22 vehicle registered in Illinois and operated by an interstate
23 carrier of property shall be exempt from the provisions of
24 this Chapter provided such carrier has registered with the
25 Bureau of Motor Carrier Safety of the Federal Highway
26 Administration as an interstate motor carrier of property and
27 has been assigned a federal census number by such Bureau. An
28 interstate carrier of property, however, is not exempt from
29 the provisions of Sections 13-101.2 or Section 13-111(b) of
30 this Chapter.
31 Any vehicle registered in Illinois and operated by a
32 private interstate carrier of property shall be exempt from
33 the provisions of this Chapter, except the provisions of
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1 Sections 13-101.2 or Section 13-111(b), provided it:
2 1. Is registered with the Bureau of Motor Carrier Safety
3 of the Federal Highway Administration, and
4 2. Carries in the motor vehicle documentation issued by
5 the Bureau of Motor Carrier Safety of the Federal Highway
6 Administration displaying the federal census number assigned,
7 and
8 3. Displays on the sides of the motor vehicle the census
9 number, which must be no less than 2 inches high, with a
10 brush stroke no less than 1/4 inch wide in a contrasting
11 color.
12 (Source: P.A. 85-1407.)
13 (625 ILCS 5/13-116.1 new)
14 Sec. 13-116.1. Emission inspection funding. The
15 Department of Transportation and the Department of State
16 Police shall be reimbursed for all expenses of the testing of
17 diesel powered emission inspections pursuant to this Chapter
18 13 when that testing is conducted within the affected areas,
19 subject to appropriation, from the General Revenue Fund. No
20 moneys from any fund other than the General Revenue Fund
21 shall be appropriated the for diesel emission inspections
22 under this Chapter 13.".