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91_HB2031ham002
LRB9104097KSgcam04
1 AMENDMENT TO HOUSE BILL 2031
2 AMENDMENT NO. . Amend House Bill 2031, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning motor vehicles, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Finance Act is amended by adding
9 Section 5.490 as follows:
10 (30 ILCS 105/5.490 new)
11 Sec. 5.490. The Diesel Emissions Testing Fund.
12 Section 10. The Illinois Vehicle Code is amended by
13 changing Sections 13-101, 13-103, 13-109, and 13-114 and
14 adding Sections 13-100.1, 13-101.2, 13-101.3, 13-102.1, and
15 13-116.1 as follows:
16 (625 ILCS 5/13-100.1 new)
17 Sec. 13-100.1. Definitions As used in this Chapter,
18 "affected areas" means the counties of Cook, DuPage, Lake,
19 Kane, McHenry, Will, Madison, St. Clair, and Monroe and the
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1 townships of Aux Sable and Goose Lake in Grundy County and
2 the township of Oswego in Kendall County.
3 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
4 Sec. 13-101. Submission to safety test; Certificate of
5 safety. To promote the safety of the general public, every
6 owner of a second division vehicle, medical transport
7 vehicle, or tow truck shall, before operating it upon the
8 highways of Illinois, submit it to a "safety test" and secure
9 a certificate of safety furnished by the Department as set
10 forth in Section 13-109. Each second division motor vehicle
11 that pulls or draws a trailer, semitrailer or pole trailer,
12 with a gross weight of more than 8,000 lbs or is registered
13 for a gross weight of more than 8,000 lbs, motor bus,
14 religious organization bus, school bus, senior citizen
15 transportation vehicle, and limousine shall be subject to
16 inspection by the Department and the Department is authorized
17 to establish rules and regulations for the implementation of
18 such inspections.
19 The owners of each salvage vehicle shall submit it to a
20 "safety test" and secure a certificate of safety furnished by
21 the Department prior to its salvage vehicle inspection
22 pursuant to Section 3-308 of this Code.
23 However, none of the provisions of Chapter 13 requiring
24 safety tests or a certificate of safety shall apply to:
25 (a) farm tractors, machinery and implements,
26 wagons, wagon-trailers or like farm vehicles used
27 primarily in agricultural pursuits;
28 (b) vehicles other than school buses, tow trucks
29 and medical transport vehicles owned or operated by a
30 municipal corporation or political subdivision having a
31 population of 1,000,000 or more inhabitants and which are
32 subject to safety tests imposed by local ordinance or
33 resolution;
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1 (c) a semitrailer or trailer having a gross weight
2 of 5,000 pounds or less including vehicle weight and
3 maximum load;
4 (d) recreational vehicles;
5 (e) vehicles registered as and displaying Illinois
6 antique vehicle plates;
7 (f) house trailers equipped and used for living
8 quarters;
9 (g) vehicles registered as and displaying Illinois
10 permanently mounted equipment plates or similar vehicles
11 eligible therefor but registered as governmental vehicles
12 provided that if said vehicle is reclassified from a
13 permanently mounted equipment plate so as to lose the
14 exemption of not requiring a certificate of safety, such
15 vehicle must be safety tested within 30 days of the
16 reclassification;
17 (h) vehicles owned or operated by a manufacturer,
18 dealer or transporter displaying a special plate or
19 plates as described in Chapter 3 of this Code while such
20 vehicle is being delivered from the manufacturing or
21 assembly plant directly to the purchasing dealership or
22 distributor, or being temporarily road driven for quality
23 control testing, or from one dealer or distributor to
24 another, or are being moved by the most direct route from
25 one location to another for the purpose of installing
26 special bodies or equipment, or driven for purposes of
27 demonstration by a prospective buyer with the dealer or
28 his agent present in the cab of the vehicle during the
29 demonstration;
30 (i) pole trailers and auxiliary axles;
31 (j) special mobile equipment;
32 (k) vehicles properly registered in another State
33 pursuant to law and displaying a valid registration
34 plate;
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1 (l) water-well boring apparatuses or rigs;
2 (m) any vehicle which is owned and operated by the
3 federal government and externally displays evidence of
4 such ownership; and
5 (n) second division vehicles registered for a gross
6 weight of 8,000 pounds or less, except when such second
7 division motor vehicles pull or draw a trailer,
8 semi-trailer or pole trailer having a gross weight of or
9 registered for a gross weight of more than 8,000 pounds;
10 motor buses; religious organization buses; school buses;
11 senior citizen transportation vehicles; medical transport
12 vehicles and tow trucks.
13 The safety test shall include the testing and inspection
14 of brakes, lights, horns, reflectors, rear vision mirrors,
15 mufflers, safety chains, windshields and windshield wipers,
16 warning flags and flares, frame, axle, cab and body, or cab
17 or body, wheels, steering apparatus, and other safety devices
18 and appliances required by this Code and such other safety
19 tests as the Department may by rule or regulation require,
20 for second division vehicles, school buses, medical transport
21 vehicles, tow trucks, trailers and semitrailers subject to
22 inspection.
23 For tow trucks, the safety test and inspection shall also
24 include the inspection of winch mountings, body panels, body
25 mounts, wheel lift swivel points, and sling straps, and other
26 tests and inspections the Department by rule requires for tow
27 trucks.
28 For trucks, truck tractors, trailers, semi-trailers, and
29 buses, the safety test shall be conducted in accordance with
30 the Minimum Periodic Inspection Standards promulgated by the
31 Federal Highway Administration of the U.S. Department of
32 Transportation and contained in Appendix G to Subchapter B of
33 Chapter III of Title 49 of the Code of Federal Regulations.
34 Those standards, as now in effect, are made a part of this
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1 Code, in the same manner as though they were set out in full
2 in this Code.
3 Diesel emission inspections conducted under this Chapter
4 13 shall be conducted in accordance with the Society of
5 Automotive Engineers Recommended Practice J1667
6 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
7 Powered Vehicles" and the cutpoint standards set forth in the
8 United States Environmental Protection Agency guidance
9 document "Guidance to States on Smoke Opacity Cutpoints to be
10 used with the SAE J1667 In-Use Smoke Test Procedure". Those
11 procedures and standards, as now in effect, are made a part
12 of this Code, in the same manner as though they were set out
13 in full in this Code.
14 The passing of the safety test shall not be a bar at any
15 time to prosecution for operating a second division vehicle
16 or medical transport vehicle which is unsafe as determined by
17 the standards prescribed in this Code.
18 (Source: P.A. 89-433, eff. 12-15-95.)
19 (625 ILCS 5/13-101.2 new)
20 Sec. 13-101.2. Nonscheduled diesel powered vehicle
21 emission inspections. The Department of State Police is
22 authorized to perform nonscheduled emission inspections of
23 diesel powered vehicles that are operated on the roadways of
24 this State within the affected areas and are registered for a
25 gross weight of more than 8,000 pounds. The inspections shall
26 adhere to the procedures and standards set forth in Section
27 13-101. These nonscheduled emission inspections shall be
28 conducted by the Department of State Police, or their
29 authorized agents, at weigh stations, roadside, or other safe
30 and reasonable locations within the affected areas. Before
31 any person may inspect a diesel vehicle under this Section,
32 he or she must receive adequate training and certification
33 for diesel emission inspections by the Department of State
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1 Police. The Department of State Police is authorized to
2 promulgate rules for the training and certification of
3 persons who conduct emission inspections under this Section.
4 (625 ILCS 5/13-101.3 new)
5 Sec. 12-101.3. Pollution Control Board diesel emission
6 standards and tests. Within 8 months of the effective date
7 of this amendatory Act of the 91st General Assembly, the
8 Pollution Control Board shall amend its heavy-duty diesel
9 smoke opacity standards and test procedures to be consistent
10 with the procedures and standards set forth in Section
11 13-101.
12 (625 ILCS 5/13-102.1 new)
13 Sec. 13-102.1. Diesel powered vehicle emission
14 inspection report. Beginning January 1, 2001, the Department
15 of Transportation and the Department of State Police shall
16 each conduct an annual study, independent of each other,
17 concerned with the results of emission inspections for diesel
18 powered vehicles registered for a gross weight of more than
19 8,000 pounds. The studies shall be reported to the General
20 Assembly by December 31, 2001, and every December 31
21 thereafter. The studies shall also be sent to the Illinois
22 Environmental Protection Agency for its use in environmental
23 matters.
24 The studies shall include, but not be limited to, the
25 following information:
26 (a) the number of diesel powered vehicles that were
27 inspected for emission compliance conducted by their
28 respective Departments pursuant to this Chapter 13 during
29 the previous year;
30 (b) the number of diesel powered vehicles that
31 failed and passed the emission inspections conducted by
32 their respective Departments required pursuant to this
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1 Chapter 13 during the previous year; and
2 (c) the number of diesel powered vehicles that
3 failed the emission inspections conducted by the
4 respective Departments pursuant to this Chapter 13 more
5 than once in the previous year.
6 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
7 Sec. 13-103. Official testing stations - Fee - Permit -
8 Bond. Upon the payment of a fee of $10 and the filing of an
9 application by the proprietor of any vehicle service station
10 or public or private garage upon forms furnished by the
11 Department, accompanied by proof of experience, training and
12 ability of the operator of the testing equipment, together
13 with proof of installation of approved testing equipment as
14 defined in Section 13-102 and the giving of a bond
15 conditioned upon faithful observance of this Section and of
16 rules and regulations issued by the Department in the amount
17 of $1,000 with security approved by the Department, the
18 Department shall issue a permit to the proprietor of such
19 vehicle service station or garage to operate an Official
20 Testing Station. Such permit shall expire 12 months following
21 its issuance, but may be renewed annually by complying with
22 the requirements set forth in this Section and upon the
23 payment of a renewal fee of $10. Proprietors of official
24 testing stations for which permits have been issued prior to
25 the effective date of this Act may renew such permits for the
26 renewal fee of $10 on the expiration of each 12 months
27 following issuance of such permits, by complying with the
28 requirements set forth in this Section. However, any city,
29 village or incorporated town shall upon application to the
30 Department and without payment of any fee or filing of any
31 bond, but upon proof of experience, training and ability of
32 the operator of the testing equipment, and proof of the
33 installation of approved testing equipment as defined in
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1 Section 13-102, be issued a permit to operate such testing
2 station as an Official Testing Station under this Act. The
3 permit so issued shall at all times be displayed in a
4 prominent place in the vehicle service station, garage or
5 municipal testing station which is licensed as an Official
6 Testing Station under this Act. No person or vehicle service
7 station, garage or municipal testing station shall in any
8 manner claim or represent himself or itself to be an official
9 testing station unless a permit has been issued to him or it
10 as provided in this Section.
11 Any person or municipality who or which has received a
12 permit under this Section may test his or its own second
13 division vehicles and issue certificates of safety with
14 respect to any such second division vehicles owned, operated
15 or controlled by him or it. Notwithstanding the above
16 provisions, in no event may any municipality with a
17 population of over 2,000,000 that has received a permit under
18 this Section test diesel powered vehicles to determine
19 compliance with the emission standards set forth in Section
20 13-101 for the purpose of this Chapter 13.
21 Each such permit issued by the Department shall state on
22 its face the location of the official testing station to be
23 operated under the permit and safety tests shall be made only
24 at such location. However, the Department may, upon
25 application, authorize a change in the location of the
26 official testing station and the removal of the testing
27 equipment to the new location. Upon approval of such
28 application, the Department shall issue an endorsement which
29 the applicant shall affix to his permit. Such endorsement
30 constitutes authority for the applicant to make such change
31 in location and to remove his testing equipment at the times
32 and to the places stated in the endorsement.
33 (Source: P.A. 80-606.)
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1 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
2 Sec. 13-109. Safety test prior to application for
3 license - Subsequent tests - Repairs - Retest.
4 (a) Except as otherwise provided in Chapter 13, each
5 second division vehicle and medical transport vehicle, except
6 those vehicles other than school buses or medical transport
7 vehicles owned or operated by a municipal corporation or
8 political subdivision having a population of 1,000,000 or
9 more inhabitants which are subjected to safety tests imposed
10 by local ordinance or resolution, operated in whole or in
11 part over the highways of this State shall be subjected to
12 the safety test provided for in Chapter 13 of this Code.
13 Tests shall be conducted at an official testing station
14 within 6 months prior to the application for registration as
15 provided for in this Code. Subsequently each vehicle shall
16 be subject to tests at least every 6 months, and in the case
17 of school buses at least every 6 months or 10,000 miles
18 whichever occurs first, and according to schedules
19 established by rules and regulations promulgated by the
20 Department. Any component subject to regular inspection
21 which is damaged in a reportable accident must be reinspected
22 before the bus is returned to service.
23 (b) The Department shall also conduct periodic
24 nonscheduled inspections of school buses, of buses registered
25 as charitable vehicles and of religious organization buses.
26 If such inspection reveals that a vehicle is not in
27 substantial compliance with the rules promulgated by the
28 Department, the Department shall remove the Certificate of
29 Safety from the vehicle, and shall place the vehicle
30 out-of-service. A bright orange, triangular decal shall be
31 placed on an out-of-service vehicle where the Certificate of
32 Safety has been removed. The vehicle must pass a safety test
33 at an official testing station before it is again placed in
34 service.
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1 (c) If the violation is not substantial a bright yellow,
2 triangular sticker shall be placed next to the Certificate of
3 Safety at the time the nonscheduled inspection is made. The
4 Department shall reinspect the vehicle after 3 working days
5 to determine that the violation has been corrected and remove
6 the yellow, triangular decal. If the violation is not
7 corrected within 3 working days, the Department shall place
8 the vehicle out-of-service in accordance with procedures in
9 subsection (b).
10 (d) If a violation is not substantial and does not
11 directly affect the safe operation of the vehicle, the
12 Department shall issue a warning notice requiring correction
13 of the violation. Such correction shall be accomplished as
14 soon as practicable and a report of the correction shall be
15 made to the Department within 30 days in a manner established
16 by the Department. If the Department has not been advised
17 that the corrections have been made, and the violations still
18 exist, the Department shall place the vehicle out-of-service
19 in accordance with procedures in subsection (b).
20 (e) The Department is authorized to promulgate
21 regulations to implement its program of nonscheduled
22 inspections. Causing or allowing the operation of an
23 out-of-service vehicle with passengers or unauthorized
24 removal of an out-of-service sticker is a Class 3 felony.
25 Causing or allowing the operation of a vehicle with a 3-day
26 sticker for longer than 3 days with the sticker attached or
27 the unauthorized removal of a 3-day sticker is a Class C
28 misdemeanor.
29 (f) If a second division vehicle or medical transport
30 vehicle is in safe mechanical condition, as determined
31 pursuant to Chapter 13, the operator of the official testing
32 station must at once issue to the second division vehicle or
33 medical transport vehicle a certificate of safety, in the
34 form and manner prescribed by the Department, which shall be
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1 affixed to the vehicle by the certified safety tester who
2 performed the safety tests. The owner of the second division
3 vehicle or medical transport vehicle shall at all times
4 display the Certificate of Safety on the second division
5 vehicle or medical transport vehicle in the manner prescribed
6 by the Department.
7 (g) If a test shows that a second division vehicle or
8 medical transport vehicle is not in safe mechanical condition
9 as provided in this Section, it shall not be operated on the
10 highways until it has been repaired and submitted to a retest
11 at an official testing station. If the owner submits the
12 second division vehicle or medical transport vehicle to a
13 retest at a different official testing station from that
14 where it failed to pass the first test, he shall present to
15 the operator of the second station the report of the original
16 test, and shall notify the Department in writing, giving the
17 name and address of the original testing station and the
18 defects which prevented the issuance of a Certificate of
19 Safety, and the name and address of the second official
20 testing station making the retest.
21 (h) During one safety test a year as determined by the
22 Department, for each diesel powered vehicle that is
23 registered for a gross weight of more than 8,000 pounds and
24 is registered within an affected area, the safety test shall
25 include an emission inspection conducted at an official
26 testing station certified by the Department to perform diesel
27 emissions inspections pursuant to the procedures for diesel
28 emissions inspections set forth in Section 13-101. Diesel
29 powered vehicles that are registered for a gross weight of
30 more than 8,000 pounds, that are registered within an
31 affected area, and that fall under the description in
32 subsection (b) of Section 13-101 are required to submit to an
33 emission inspection under this Chapter 13.
34 If the inspection reveals that the vehicle is not in
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1 compliance with the diesel emission standard set forth in
2 Section 13-101, the operator of the official testing station
3 shall issue a warning notice requiring correction of the
4 violation. The correction shall be made and the vehicle
5 submitted to an emissions retest at an official testing
6 station certified by the Department to perform diesel
7 emission inspections within 30 days from the issuance of the
8 warning notice requiring correction of the violation.
9 If within 30 days from the issuance of the warning
10 notice, the vehicle is not in compliance with the diesel
11 emission standards set forth in Section 13-101 as determined
12 by an emissions retest at an official testing station, the
13 operator of the official testing station or the Department
14 shall place the vehicle out-of-service in accordance with the
15 rules promulgated by the Department. Operating a vehicle that
16 has been placed out-of-service under this subsection (h) is a
17 business offense punishable by a $1,000 fine. The vehicle
18 must pass a diesel emission inspection at an official testing
19 station before it is again placed in service.
20 The Secretary of State, Department of State Police, and
21 other law enforcement officers shall enforce this subsection
22 (h). All moneys received from fines imposed under this
23 subsection shall be paid into the Diesel Emissions Testing
24 Fund. All citations issued pursuant to this subsection shall
25 be considered non-moving violations. The Department is
26 authorized to promulgate rules to implement its
27 responsibilities under this Section.
28 (i) Except as provided in subsection (h) and this
29 subsection (i), it is unlawful for any person to operate a
30 diesel powered vehicle that is registered for a gross weight
31 of more than 8,000 pounds upon the roadways of this State in
32 violation of the diesel emission standards set forth in
33 Section 13-101. Notwithstanding any other penalty, whenever
34 a law enforcement officer of the Department of State Police
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1 determines that a diesel powered vehicle that is registered
2 for a gross weight of more than 8,000 pounds is in violation
3 of the diesel emission standards, as evidenced by issuance of
4 a citation for a violation of the standards, the operator of
5 the vehicle shall be guilty of a business offense punishable
6 by a $400 fine, except that a third or subsequent violation
7 within one year of the first violation is a business offense
8 punishable by a $1,000 fine. In no event may an operator who
9 has received a citation under this subsection (i) receive,
10 within 30 days of the initial citation, a second or
11 subsequent citation for operating the same vehicle in
12 violation of the diesel emission standard under this Chapter.
13 All moneys received from fines imposed under this subsection
14 shall be paid into the Diesel Emissions Testing Fund. All
15 citations issued pursuant to this subsection shall be
16 considered non-moving violations.
17 (j) There is hereby created within the State Treasury a
18 special fund to be known as the Diesel Emissions Testing
19 Fund, constituted from the fines collected pursuant to
20 subsections (h) and (i) of this Section. Subject to
21 appropriation, moneys from the Diesel Emissions Testing Fund
22 shall be available, as a supplement to moneys appropriated
23 from the General Revenue Fund, to the Department of
24 Transportation and the Department of State Police for their
25 implementation of the diesel emission inspection requirements
26 under this Chapter 13.
27 (Source: P.A. 86-447; 86-1223.)
28 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
29 Sec. 13-114. Interstate carriers of property. Any
30 vehicle registered in Illinois and operated by an interstate
31 carrier of property shall be exempt from the provisions of
32 this Chapter provided such carrier has registered with the
33 Bureau of Motor Carrier Safety of the Federal Highway
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1 Administration as an interstate motor carrier of property and
2 has been assigned a federal census number by such Bureau. An
3 interstate carrier of property, however, is not exempt from
4 the provisions of Section 13-111(b) of this Chapter.
5 Any vehicle registered in Illinois and operated by a
6 private interstate carrier of property shall be exempt from
7 the provisions of this Chapter, except the provisions of
8 Section 13-111(b), provided it:
9 1. is registered with the Bureau of Motor Carrier
10 Safety of the Federal Highway Administration, and
11 2. carries in the motor vehicle documentation
12 issued by the Bureau of Motor Carrier Safety of the
13 Federal Highway Administration displaying the federal
14 census number assigned, and
15 3. displays on the sides of the motor vehicle the
16 census number, which must be no less than 2 inches high,
17 with a brush stroke no less than 1/4 inch wide in a
18 contrasting color.
19 Notwithstanding any other provision of this Section, each
20 diesel powered vehicle that is registered for a gross weight
21 of more than 8,000 pounds, registered within the affected
22 area, and operated by an interstate carrier of property or a
23 private interstate carrier of property within the affected
24 area is subject to the provisions of this Chapter that
25 pertain to diesel emission inspections.
26 (Source: P.A. 85-1407.)
27 (625 ILCS 5/13-116.1 new)
28 Sec. 13-116.1. Emission inspection funding. The
29 Department of Transportation and the Department of State
30 Police shall be reimbursed for all expenses related to the
31 training, equipment, recordkeeping, and conducting of diesel
32 powered emission inspections pursuant to this Chapter 13 when
33 that testing is conducted within the affected areas, subject
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1 to appropriation, from the General Revenue Fund and the
2 Diesel Emissions Testing Fund. No moneys from any funds
3 other than the General Revenue Fund and the Diesel Emissions
4 Testing Fund shall be appropriated for diesel emission
5 inspections under this Chapter 13.".