State of Illinois
92nd General Assembly
Legislation

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92_HB2568eng

 
HB2568 Engrossed                               LRB9201423DHmg

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 13-103, 13-106, and 13-114 as follows:

 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  that
19    such 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
 
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 1    the  operator  of  the  testing  equipment,  and proof of the
 2    installation of approved  testing  equipment  as  defined  in
 3    Section  13-102,  be  issued a permit to operate such testing
 4    station as an Official Testing Station under this  Act.   The
 5    permit  so  issued  shall  at  all  times  be  displayed in a
 6    prominent place in the vehicle  service  station,  garage  or
 7    municipal  testing  station  which is licensed as an Official
 8    Testing Station under this Act. No person or vehicle  service
 9    station,  garage  or  municipal  testing station shall in any
10    manner claim or represent himself or itself to be an official
11    testing station unless a permit has been issued to him or  it
12    as provided in this Section.
13        Any  person  or  municipality who or which has received a
14    permit under this Section may test  his  or  its  own  second
15    division  vehicles  and  issue  certificates  of  safety  and
16    conduct  emission  inspections  of  his  or  its  own  second
17    division  vehicles  in  accordance  with  the requirements of
18    Section 13-109.1 with respect to  any  such  second  division
19    vehicles owned, operated or controlled by him or it.
20        Each  such permit issued by the Department shall state on
21    its face the location of the official testing station  to  be
22    operated under the permit and safety tests shall be made only
23    at   such   location.   However,  the  Department  may,  upon
24    application, authorize  a  change  in  the  location  of  the
25    official  testing  station  and  the  removal  of the testing
26    equipment  to  the  new  location.  Upon  approval  of   such
27    application,  the Department shall issue an endorsement which
28    the applicant shall affix to  his  permit.  Such  endorsement
29    constitutes  authority  for the applicant to make such change
30    in location and to remove his testing equipment at the  times
31    and to the places stated in the endorsement.
32    (Source: P.A. 91-254, eff. 7-1-00.)

33        (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
 
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 1        Sec.  13-106.   Rates  and  charges  by  official testing
 2    stations-Schedule to be filed.  Every operator of an official
 3    testing station shall file with the Department, in the manner
 4    prescribed by the Department, a schedule  of  all  rates  and
 5    charges  made by him for performing the tests provided for in
 6    Section 13-101 and Section  13-109.1.     The  Such  rate  or
 7    charge  shall  include an amount to reimburse the operator of
 8    the official  testing  station  for  the  purchase  from  the
 9    Department  of  the  certificate  of  safety required by this
10    chapter, not to exceed that fee paid to the Department by the
11    operator authorized by this chapter.  Such rates and  charges
12    shall  be just and reasonable and the Department upon its own
13    initiative or upon complaint of any person or corporation may
14    require the testing station operator to appear for a  hearing
15    and prove that the rates so filed are just and reasonable.  A
16    "just  and  reasonable"  rate  or charge, for the purposes of
17    this Section, means a rate or charge which is  the  same,  or
18    nearly  the  same,  as  the prevailing rate or charge for the
19    same or similar tests made in the community where the station
20    is located.  No operator may change this  schedule  of  rates
21    and  charges  until  the  proposed changes are filed with and
22    approved by the Department.  No license may be issued to  any
23    official  testing station unless the applicant has filed with
24    the Department a proposed schedule of rates and  charges  and
25    unless  such  rates  and  charges  have  been approved by the
26    Department.  No operator of an official testing station shall
27    charge more or less than the rates so filed with and approved
28    by the Department.
29    (Source: P.A. 91-254, eff. 7-1-00.)

30        (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
31        Sec.  13-114.   Interstate  carriers  of  property.   Any
32    vehicle  registered in Illinois and operated by an interstate
33    carrier of property shall be exempt from  the  provisions  of
 
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 1    this Chapter if the provided such carrier has registered with
 2    the  Bureau  of  Motor  Carrier Safety of the Federal Highway
 3    Administration as an interstate motor carrier of property and
 4    has been assigned a federal census number by such Bureau.  An
 5    interstate carrier of property, however, is not  exempt  from
 6    the provisions of Section 13-111(b) of this Chapter.
 7        Any  vehicle  registered  in  Illinois  and operated by a
 8    private interstate carrier of property shall be  exempt  from
 9    the  provisions  of  this  Chapter,  except the provisions of
10    Section 13-111(b), provided it:
11             1.  is registered with the Bureau of  Motor  Carrier
12        Safety of the Federal Highway Administration, and
13             2.  carries   in  the  motor  vehicle  documentation
14        issued by the Bureau  of  Motor  Carrier  Safety  of  the
15        Federal  Highway  Administration  displaying  the federal
16        census number assigned, and
17             3.  displays on the sides of the motor  vehicle  the
18        census  number, which must be no less than 2 inches high,
19        with a brush stroke no less  than  1/4  inch  wide  in  a
20        contrasting color.
21        Notwithstanding any other provision of this Section, each
22    diesel  powered vehicle that is registered for a gross weight
23    of more than 16,000 pounds or  has  a  gross  vehicle  weight
24    rating  of more than 16,000 pounds and that is operated by an
25    interstate  carrier  of  property  or  a  private  interstate
26    carrier of property within the affected area is subject  only
27    to   the   provisions   of   this  Chapter  that  pertain  to
28    nonscheduled diesel emission inspections.
29    (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)

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