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92_HB4344eng HB4344 Engrossed LRB9213778DHgc 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 adding 5 Sections 1-113.1, 1-202.1, 3-804.1, and 3-804.2 and by 6 changing Sections 3-104, 3-413, 4-209, 12-201, 12-205, 7 12-208, 12-301, 12-501, 12-607, 12-608, 13A-104, and 13B-15 8 as follows: 9 (625 ILCS 5/1-113.1 new) 10 Sec. 1-113.1. Custom vehicle. A motor vehicle that is at 11 least 25 years of age and of a model year after 1948 or a 12 vehicle that was manufactured to resemble a vehicle at least 13 25 years of age and of a model year after 1948 and has been 14 altered from the manufacturer's original design or has a body 15 constructed from non-original materials and which is 16 maintained for occasional transportation, exhibitions, club 17 activities, parades, tours, and similar uses and which is not 18 used for general daily transportation. 19 (625 ILCS 5/1-202.1 new) 20 Sec. 1-202.1. Street rod. A motor vehicle that is a 21 1948 or older vehicle or a vehicle that was manufactured 22 after 1948 to resemble a vehicle that was manufactured before 23 1949 and has been altered from the manufacturer's original 24 design or has a body constructed from non-original materials 25 and which is maintained for occasional transportation, 26 exhibitions, club activities, parades, tours, and similar 27 uses and which is not used for general daily transportation. 28 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104) 29 Sec. 3-104. Application for certificate of title. HB4344 Engrossed -2- LRB9213778DHgc 1 (a) The application for a certificate of title for a 2 vehicle in this State must be made by the owner to the 3 Secretary of State on the form prescribed and must contain: 4 1. The name, Illinois residence and mail address of 5 the owner; 6 2. A description of the vehicle including, so far 7 as the following data exists: Its make, year-model, 8 identifying number, type of body, whether new or used, as 9 to house trailers as defined in Section 1-128 of this 10 Code, the square footage of the house trailer based upon 11 the outside dimensions of the house trailer excluding the 12 length of the tongue and hitch, and, as to vehicles of 13 the second division, whether for-hire, not-for-hire, or 14 both for-hire and not-for-hire; 15 3. The date of purchase by applicant and, if 16 applicable, the name and address of the person from whom 17 the vehicle was acquired and the names and addresses of 18 any lienholders in the order of their priority and 19 signatures of owners; 20 4. The current odometer reading at the time of 21 transfer and that the stated odometer reading is one of 22 the following: actual mileage, not the actual mileage or 23 mileage is in excess of its mechanical limits; and 24 5. Any further information the Secretary of State 25 reasonably requires to identify the vehicle and to enable 26 him to determine whether the owner is entitled to a 27 certificate of title and the existence or nonexistence of 28 security interests in the vehicle. 29 An application for a certificate of title for a custom 30 vehicle or street rod must contain, with regard to the model 31 year of the vehicle, the model year that the body of the 32 vehicle resembles. 33 (b) If the application refers to a vehicle purchased 34 from a dealer, it must also be signed by the dealer as well HB4344 Engrossed -3- LRB9213778DHgc 1 as the owner, and the dealer must promptly mail or deliver 2 the application and required documents to the Secretary of 3 State. 4 (c) If the application refers to a vehicle last 5 previously registered in another State or country, the 6 application must contain or be accompanied by: 7 1. Any certified document of ownership so 8 recognized and issued by the other State or country and 9 acceptable to the Secretary of State, and 10 2. Any other information and documents the 11 Secretary of State reasonably requires to establish the 12 ownership of the vehicle and the existence or 13 nonexistence of security interests in it. 14 (d) If the application refers to a new vehicle it must 15 be accompanied by the Manufacturer's Statement of Origin, or 16 other documents as required and acceptable by the Secretary 17 of State, with such assignments as may be necessary to show 18 title in the applicant. 19 (e) If an application refers to a vehicle rebuilt from a 20 vehicle previously salvaged, that application shall comply 21 with the provisions set forth in Sections 3-302 through 3-304 22 of this Code. 23 (f) An application for a certificate of title for any 24 vehicle, whether purchased in Illinois or outside Illinois, 25 and even if previously registered in another State, must be 26 accompanied by either an exemption determination from the 27 Department of Revenue showing that no tax imposed pursuant to 28 the Use Tax Act or the vehicle use tax imposed by Section 29 3-1001 of the Illinois Vehicle Code is owed by anyone with 30 respect to that vehicle, or a receipt from the Department of 31 Revenue showing that any tax so imposed has been paid. An 32 application for a certificate of title for any vehicle 33 purchased outside Illinois, even if previously registered in 34 another state, must be accompanied by either an exemption HB4344 Engrossed -4- LRB9213778DHgc 1 determination from the Department of Revenue showing that no 2 tax imposed pursuant to the Municipal Use Tax Act or the 3 County Use Tax Act is owed by anyone with respect to that 4 vehicle, or a receipt from the Department of Revenue showing 5 that any tax so imposed has been paid. In the absence of 6 such a receipt for payment or determination of exemption from 7 the Department, no certificate of title shall be issued to 8 the applicant. 9 If the proof of payment of the tax or of nonliability 10 therefor is, after the issuance of the certificate of title 11 and display certificate of title, found to be invalid, the 12 Secretary of State shall revoke the certificate and require 13 that the certificate of title and, when applicable, the 14 display certificate of title be returned to him. 15 (g) If the application refers to a vehicle not 16 manufactured in accordance with federal safety and emission 17 standards, the application must be accompanied by all 18 documents required by federal governmental agencies to meet 19 their standards before a vehicle is allowed to be issued 20 title and registration. 21 (h) If the application refers to a vehicle sold at 22 public sale by a sheriff, it must be accompanied by the 23 required fee and a bill of sale issued and signed by a 24 sheriff. The bill of sale must identify the new owner's name 25 and address, the year model, make and vehicle identification 26 number of the vehicle, court order document number 27 authorizing such sale, if applicable, and the name and 28 address of any lienholders in order of priority, if 29 applicable. 30 (i) If the application refers to a vehicle for which a 31 court of law determined the ownership, it must be accompanied 32 with a certified copy of such court order and the required 33 fee. The court order must indicate the new owner's name and 34 address, the complete description of the vehicle, if known, HB4344 Engrossed -5- LRB9213778DHgc 1 the name and address of the lienholder, if any, and must be 2 signed and dated by the judge issuing such order. 3 (j) If the application refers to a vehicle sold at 4 public auction pursuant to the Labor and Storage Lien (Small 5 Amount) Act, it must be accompanied by an affidavit or 6 affirmation furnished by the Secretary of State along with 7 the documents described in the affidavit or affirmation and 8 the required fee. 9 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 10 90-655, eff. 7-30-98.) 11 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) 12 Sec. 3-413. Display of registration plates, registration 13 stickers and driveway decal permits. 14 (a) Registration plates issued for a motor vehicle other 15 than a motorcycle, trailer, semitrailer, truck-tractor, 16 apportioned bus, or apportioned truck shall be attached 17 thereto, one in the front and one in the rear. The 18 registration plate issued for a motorcycle, trailer or 19 semitrailer required to be registered hereunder and any 20 apportionment plate issued to a bus under the provisions of 21 this Code shall be attached to the rear thereof. The 22 registration plate issued for a truck-tractor or an 23 apportioned truck required to be registered hereunder shall 24 be attached to the front thereof. 25 (b) Every registration plate shall at all times be 26 securely fastened in a horizontal position to the vehicle for 27 which it is issued so as to prevent the plate from swinging 28 and at a height of not less than 5 inches12 inchesfrom the 29 ground, measuring from the bottom of such plate, in a place 30 and position to be clearly visible and shall be maintained in 31 a condition to be clearly legible, free from any materials 32 that would obstruct the visibility of the plate, including, 33 but not limited to, glass covers and tinted plastic covers. HB4344 Engrossed -6- LRB9213778DHgc 1 Clear plastic covers are permissible as long as they remain 2 clear and do not obstruct the visibility of the plates. 3 Registration stickers issued as evidence of renewed annual 4 registration shall be attached to registration plates as 5 required by the Secretary of State, and be clearly visible at 6 all times. 7 (c) Every driveway decal permit issued pursuant to this 8 Code shall be firmly attached to the inside windshield of the 9 motor vehicle in such a manner that it cannot be removed 10 without being destroyed. If such decal permits are affixed 11 to a motor vehicle in any other manner the permit shall be 12 void and of no effect. 13 (d) The Illinois prorate decal issued to a foreign 14 registered vehicle part of a fleet prorated or apportioned 15 with Illinois, shall be displayed on a registration plate and 16 displayed on the front of such vehicle in the same manner as 17 an Illinois registration plate. 18 (e) The registration plate issued for a camper body 19 mounted on a truck displaying registration plates shall be 20 attached to the rear of the camper body. 21 (f) No person shall operate a vehicle, nor permit the 22 operation of a vehicle, upon which is displayed an Illinois 23 registration plate, plates or registration stickers after the 24 termination of the registration period for which issued or 25 after the expiration date set pursuant to Sections 3-414 and 26 3-414.1 of this Code. 27 (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.) 28 (625 ILCS 5/3-804.1 new) 29 Sec. 3-804.1. Custom vehicles. 30 (a) The owner of a custom vehicle may register that 31 vehicle for the standard registration fee for a vehicle of 32 the first division, other than a motorcycle, motor driven 33 cycle, or pedalcycle, and obtain a custom vehicle plate. The HB4344 Engrossed -7- LRB9213778DHgc 1 application for registration must be accompanied by an 2 affirmation of the owner that the vehicle will be maintained 3 for occasional transportation, exhibitions, club activities, 4 parades, tours, and similar uses and will not be used for 5 general daily transportation. The Secretary may, in his or 6 her discretion, prescribe that custom vehicle plates be 7 issued for a definite or an indefinite term, the term to 8 correspond to the term of registration plates issued 9 generally, as provided in Section 3-414.1. In no event may 10 the registration fee for custom vehicles exceed the standard 11 fee per registration year. Any person requesting custom 12 vehicle plates under this Section may also apply to have 13 vanity or personalized plates as provided under Section 14 3-405.1. 15 (b) Upon initial registration of a custom vehicle, the 16 owner of the custom vehicle must provide proof acceptable to 17 the Secretary that, no more than 3 months before the date of 18 the application for registration, the custom vehicle passed a 19 safety inspection that (i) has been approved by the Secretary 20 and (ii) is equivalent to the National Street Rod 21 Association's prescribed vehicle safety inspection. 22 Except where otherwise provided, custom vehicles are 23 considered to be in compliance with all vehicle equipment 24 requirements if they have passed the approved vehicle safety 25 inspection. 26 (625 ILCS 5/3-804.2 new) 27 Sec. 3-804.2. Street rods. 28 (a) The owner of a street rod may register the vehicle 29 for the standard registration fee for a vehicle of the first 30 division, other than a motorcycle, motor driven cycle, or 31 pedalcycle, and obtain a street rod plate. The application 32 for registration must be accompanied by an affirmation of the 33 owner that the vehicle will be maintained for occasional HB4344 Engrossed -8- LRB9213778DHgc 1 transportation, exhibitions, club activities, parades, tours, 2 and similar uses and will not be used for general daily 3 transportation. The Secretary may, in his or her discretion, 4 prescribe that street rod plates be issued for a definite or 5 an indefinite term, the term to correspond to the term of 6 registration plates issued generally, as provided in Section 7 3-414.1. In no event may the registration fee for street rods 8 exceed the standard fee per registration year. Any person 9 requesting street rod plates under this Section may also 10 apply to have vanity or personalized plates as provided under 11 Section 3-405.1. 12 (b) Upon initial registration of a street rod, the owner 13 of the street rod must provide proof acceptable to the 14 Secretary that, no more than 3 months before the date of the 15 application for registration, the street rod passed a safety 16 inspection that (i) has been approved by the Secretary and 17 (ii) is equivalent to the National Street Rod Association's 18 prescribed vehicle safety inspection. 19 Except where otherwise provided, street rods are 20 considered to be in compliance with all vehicle equipment 21 requirements if they have passed the approved vehicle safety 22 inspection. 23 (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209) 24 Sec. 4-209. Disposal of unclaimed vehicles more than 7 25 years of age; disposal of abandoned or unclaimed vehicles 26 without notice. 27 (a) When the identity of the registered owner, 28 lienholder, or other legally entitled persons of an 29 abandoned, lost, or unclaimed vehicle of 7 years of age or 30 newer cannot be determined by any means provided for in this 31 Chapter, the vehicle may be sold as provided in Section 4-208 32 without notice to any person whose identity cannot be 33 determined. HB4344 Engrossed -9- LRB9213778DHgc 1 (b) When an abandoned vehicle of more than 7 years of 2 age is impounded as specified by this Chapter, or when any 3 such vehicle is towed at the request or with the consent of 4 the owner or operator and is subsequently abandoned, it will 5 be kept in custody or storage for a minimum of 10 days for 6 the purpose of determining the identity of the registered 7 owner, lienholder, or other legally entitled persons and 8 contacting the registered owner, lienholder, or other legally 9 entitled persons by the U. S. Mail, public service or in 10 person for a determination of disposition; and, an 11 examination of the State Police stolen vehicle files for 12 theft and wanted information. At the expiration of the 10 day 13 period, without the benefit of disposition information being 14 received from the registered owner, lienholder, or other 15 legally entitled persons, the vehicle may be disposed of in 16 either of the following ways: 17 (1) The law enforcement agency having jurisdiction 18 will authorize the disposal of the vehicle as junk or 19 salvage. 20 (2) The towing service may sell the vehicle in the 21 manner provided in Section 4-208 of this Code, provided 22 that this paragraph (2) shall not apply to vehicles towed 23 by order or authorization of a law enforcement agency. 24 (c) A vehicle classified as an antique vehicle, custom 25 vehicle, or street rod may however be sold to a person 26 desiring to restore it. 27 (Source: P.A. 89-433, eff. 12-15-95.) 28 (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201) 29 Sec. 12-201. When lighted lamps are required. 30 (a) When operated upon any highway in this State, every 31 motorcycle shall at all times exhibit at least one lighted 32 lamp, showing a white light visible for at least 500 feet in 33 the direction the motorcycle is proceeding. However, in lieu HB4344 Engrossed -10- LRB9213778DHgc 1 of such lighted lamp, a motorcycle may be equipped with and 2 use a means of modulating the upper beam of the head lamp 3 between high and a lower brightness. No such head lamp shall 4 be modulated, except to otherwise comply with this Code, 5 during times when lighted lamps are required for other motor 6 vehicles. 7 (b) All other motor vehicles shall exhibit at least 2 8 lighted head lamps, with at least one on each side of the 9 front of the vehicle, which satisfy United States Department 10 of Transportation requirements, showing white lights, 11 including that emitted by high intensity discharge (HID) 12 lamps, or lights of a yellow or amber tint, during the period 13 from sunset to sunrise, at times when rain, snow, fog, or 14 other atmospheric conditions require the use of windshield 15 wipers, and at any other times when, due to insufficient 16 light or unfavorable atmospheric conditions, persons and 17 vehicles on the highway are not clearly discernible at a 18 distance of 1000 feet. Parking lamps may be used in addition 19 to but not in lieu of such head lamps. Every motor vehicle, 20 trailer, or semi-trailer shall also exhibit at least 2 21 lighted lamps, commonly known as tail lamps, which shall be 22 mounted on the left rear and right rear of the vehicle so as 23 to throw a red light visible for at least 500 feet in the 24 reverse direction, except that a truck tractor or road 25 tractor manufactured before January 1, 1968 and all 26 motorcycles need be equipped with only one such tail lamp. 27 (c) Either a tail lamp or a separate lamp shall be so 28 constructed and placed as to illuminate with a white light a 29 rear registration plate when required and render it clearly 30 legible from a distance of 50 feet to the rear. Any tail lamp 31 or tail lamps, together with any separate lamp or lamps for 32 illuminating a rear registration plate, shall be so wired as 33 to be lighted whenever the head lamps or auxiliary driving 34 lamps are lighted. HB4344 Engrossed -11- LRB9213778DHgc 1 (d) A person shall install only head lamps that satisfy 2 United States Department of Transportation regulations and 3 show white light, including that emitted by HID lamps, or 4 light of a yellow or amber tint for use by a motor vehicle. 5 (e) For purposes of this Section, a custom vehicle or 6 street rod is considered to be in compliance with all vehicle 7 lamp requirements if it has passed the approved safety 8 inspection provided for in Section 3-804.1 or 3-804.2. 9 (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 10 92-16, eff. 6-28-01.) 11 (625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205) 12 Sec. 12-205. Lamps on other vehicles and equipment. Every 13 vehicle, including animal drawn vehicles, referred to in 14 paragraph (b) of Section 12-101, not specifically required by 15 the provisions of this Article to be equipped with lamps or 16 other lighting devices, shall at all times specified in 17 Section 12-201 of this Act be equipped with at least 2 lamps 18 on the power or towing unit, displaying a white light visible 19 from a distance of not less than 1,000 feet to the front of 20 such vehicle and shall also be equipped with 2 lamps each 21 displaying a red light visible from a distance of not less 22 than 1,000 feet to the rear of such vehicle. 23 Where the towed unit or any load thereon partially or 24 totally obscures the 2 lamps displaying red light to the rear 25 of the towing unit, the rearmost towed unit shall be equipped 26 with 2 lamps displaying red light visible from a distance of 27 not less than 1,000 feet to the rear of such towed unit which 28 are positioned in such a manner as to not obstruct the 29 visibility of the red light to any vehicle operator 30 approaching from the rear of such vehicle or combination of 31 vehicles. 32 Where the 2 lamps displaying red light are not obscured 33 by the towed unit or its load, then either towing unit or HB4344 Engrossed -12- LRB9213778DHgc 1 towed unit, or both, may be equipped with the 2 lamps 2 displaying red light as required. 3 The preceding paragraph does not apply to antique 4 vehicles, custom vehicles, or street rods. An antique vehicle 5 shall be equipped with lamps of the same type originally 6 installed by the manufacturer as original equipment and in 7 working order. 8 (Source: P.A. 85-830.) 9 (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208) 10 Sec. 12-208. Signal lamps and signal devices. 11 (a) Every vehicle other than an antique vehicle 12 displaying an antique plate operated in this State shall be 13 equipped with a stop lamp or lamps on the rear of the vehicle 14 which shall display a red or amber light visible from a 15 distance of not less than 500 feet to the rear in normal 16 sunlight and which shall be actuated upon application of the 17 service (foot) brake, and which may but need not be 18 incorporated with other rear lamps. During times when lighted 19 lamps are not required, an antique vehicle may be equipped 20 with a stop lamp or lamps on the rear of such vehicle of the 21 same type originally installed by the manufacturer as 22 original equipment and in working order. However, at all 23 other times, such antique vehicle must be equipped with stop 24 lamps meeting the requirements of Section 12-208 of this Act. 25 (b) Every motor vehicle other than an antique vehicle 26 displaying an antique plate shall be equipped with an 27 electric turn signal device which shall indicate the 28 intention of the driver to turn to the right or to the left 29 in the form of flashing lights located at and showing to the 30 front and rear of the vehicle on the side of the vehicle 31 toward which the turn is to be made. The lamps showing to the 32 front shall be mounted on the same level and as widely spaced 33 laterally as practicable and, when signaling, shall emit a HB4344 Engrossed -13- LRB9213778DHgc 1 white or amber light, or any shade of light between white and 2 amber. The lamps showing to the rear shall be mounted on the 3 same level and as widely spaced laterally as practicable and, 4 when signaling, shall emit a red or amber light. An antique 5 vehicle shall be equipped with a turn signal device of the 6 same type originally installed by the manufacturer as 7 original equipment and in working order. 8 (c) Every trailer and semitrailer shall be equipped with 9 an electric turn signal device which indicates the intention 10 of the driver in the power unit to turn to the right or to 11 the left in the form of flashing red or amber lights located 12 at the rear of the vehicle on the side toward which the turn 13 is to be made and mounted on the same level and as widely 14 spaced laterally as practicable. 15 (d) Turn signal lamps must be visible from a distance of 16 not less than 300 feet in normal sunlight. 17 (e) Motorcycles and motor-driven cycles need not be 18 equipped with electric turn signals. Antique vehicles need 19 not be equipped with turn signals unless such were installed 20 by the manufacturer as original equipment. 21 (f) For purposes of this Section, a custom vehicle or 22 street rod is considered to be in compliance with all signal 23 lamp and signal device requirements if it has passed the 24 approved safety inspection provided for in Section 3-804.1 or 25 3-804.2. 26 (Source: P.A. 77-37.) 27 (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301) 28 Sec. 12-301. Brakes. 29 (a) Brake equipment required. 30 1. Every motor vehicle, other than a motor-driven 31 cycle and an antique vehicle displaying an antique plate, 32 when operated upon a highway shall be equipped with 33 brakes adequate to control the movement of and to stop HB4344 Engrossed -14- LRB9213778DHgc 1 and hold such vehicle, including 2 separate means of 2 applying the brakes, each of which means shall be 3 effective to apply the brakes to at least one wheel on a 4 motorcycle and at least 2 wheels on all other first 5 division and second division vehicles. If these 2 6 separate means of applying the brakes are connected in 7 any way, they shall be so constructed that failure of any 8 one part of the operating mechanism shall not leave the 9 motor vehicle without brakes. 10 2. Every motor-driven cycle when operated upon a 11 highway shall be equipped with at least one brake which 12 may be operated by hand or foot. 13 3. Every antique vehicle shall be equipped with the 14 brakes of the same type originally installed by the 15 manufacturer as original equipment and in working order. 16 4. Every trailer or semitrailer of a gross weight 17 of over 3,000 pounds, when operated upon a highway must 18 be equipped with brakes adequate to control the movement 19 of, to stop and to hold such vehicle, and designed so as 20 to be operable by the driver of the towing vehicle from 21 its cab. Such brakes must be so designed and connected 22 that in case of an accidental breakaway of a towed 23 vehicle over 5,000 pounds, the brakes are automatically 24 applied. 25 5. Every motor vehicle, trailer, pole trailer or 26 semitrailer, sold in this State or operated upon the 27 highways shall be equipped with service brakes upon all 28 wheels of every such vehicle, except any motor-driven 29 cycle, and except that any trailer, pole trailer or 30 semitrailer 3,000 pounds gross weight or less need not be 31 equipped with brakes, and except that any trailer or 32 semitrailer with gross weight over 3,000 pounds but under 33 5,001 pounds need be equipped with brakes on only one 34 wheel on each side of the vehicle. Any motor vehicle and HB4344 Engrossed -15- LRB9213778DHgc 1 truck tractor having 3 or more axles and manufactured 2 prior to July 25, 1980 need not have brakes on the front 3 wheels, except when such vehicles are equipped with at 4 least 2 steerable axles, the wheels of one such axle need 5 not be equipped with brakes. However, a vehicle that is 6 more than 30 years of age and which is driven on the 7 highways only in going to and returning from an antique 8 auto show or for servicing or for a demonstration need be 9 equipped with 2 wheel brakes only. 10 (b) Performance ability of brakes. 11 1. The service brakes upon any motor vehicle or 12 combination of vehicles operating on a level surface 13 shall be adequate to stop such vehicle or vehicles when 14 traveling 20 miles per hour within a distance of 30 feet 15 when upon dry asphalt or concrete pavement surface free 16 from loose material. 17 2. Under the above conditions the hand brake shall 18 be adequate to stop such vehicle or vehicles, except any 19 motorcycle, within a distance of 55 feet and the hand 20 brake shall be adequate to hold such vehicle or vehicles 21 stationary on any grade upon which operated. 22 3. Under the above conditions the service brakes 23 upon an antique vehicle shall be adequate to stop the 24 vehicle within a distance of 40 feet and the hand brake 25 adequate to stop the vehicle within a distance of 55 26 feet. 27 4. All braking distances specified in this Section 28 apply to all vehicles mentioned, whether such vehicles 29 are unloaded or are loaded to the maximum capacity 30 permitted under this Act. 31 5. All brakes shall be maintained in good working 32 order and shall be so adjusted as to operate as equally 33 as practicable with respect to the wheels on opposite 34 sides of the vehicle. HB4344 Engrossed -16- LRB9213778DHgc 1 6. Brake assembly requirements for mobile homes 2 shall be the standards required by the United States 3 Department of Housing and Urban Development adopted under 4 Title VI of the Housing and Community Development Act of 5 1974. 6 (c) For purposes of this Section, a custom vehicle or 7 street rod is considered to be in compliance with all brake 8 equipment requirements if it has passed the approved vehicle 9 safety inspection provided for in Section 3-804.1 or 3-804.2. 10 (Source: P.A. 86-447; 86-1340.) 11 (625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501) 12 Sec. 12-501. Windshields and safety glazing material in 13 motor vehicles. 14 (a) Every motor vehicle operated upon the highways of 15 this State shall be equipped with a front windshield which 16 complies with those standards as established pursuant to this 17 Section and Section 12-503 of this Code. This subsection 18 shall not apply to motor vehicles designed and used 19 exclusively for off-highway use, motorcycles, motor-driven 20 cycles, motorized pedalcycles, nor to motor vehicles 21 registered as antique vehicles, custom vehicles, or street 22 rods when the original design of such vehicles did not 23 include front windshields. 24 (b) No person shall knowingly sell any 1936 or later 25 model motor vehicle unless such vehicle is equipped with 26 safety glazing material conforming to specifications 27 prescribed by the Department wherever glazing material is 28 used in doors, windows and windshields. Regulations 29 promulgated by the Department specifying standards for safety 30 glazing material on windshields shall, as a minimum, conform 31 with those applicable Federal Motor Vehicles Safety Standards 32 (49 CFR 571.205). These provisions apply to all motor 33 vehicles of the first and second division but with respect to HB4344 Engrossed -17- LRB9213778DHgc 1 trucks, including truck tractors, the requirements as to 2 safety glazing material apply to all glazing material used in 3 doors, windows and windshields in the drivers' compartments 4 of such vehicles. 5 (c) It is unlawful for the owner or any other person 6 knowingly to install or cause to be installed in any motor 7 vehicle any glazing material other than safety glazing 8 material conforming to the specifications prescribed by the 9 Department. 10 (Source: P.A. 85-1144.) 11 (625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607) 12 Sec. 12-607. Suspension System. 13 (a) It shall be unlawful to operate a motor vehicle on 14 any highway of this State when the suspension system has been 15 modified from the original manufactured design by lifting the 16 body from the chassis in excess of 3 inches or to cause the 17 horizontal line from the front to the rear bumper to vary 18 over 3 inches in height when measured from a level surface of 19 the highway to the lower edge of the bumper, except that it 20 is unlawful to operate a street rod or custom vehicle when 21 the suspension system has been modified from the original 22 manufactured design so that the horizontal line from the 23 front to the rear bumper varies over 7 inches in height when 24 measured from a level surface of the highway to the lower 25 edge of the bumper. 26 (b) Nothing in this Section shall prevent the 27 installation of manufactured heavy duty equipment to include 28 shock absorbers and overload springs, nor shall anything 29 contained in this Section prevent a person to operate a motor 30 vehicle on any highway of this State with normal wear of the 31 suspension system if normal wear does not affect the control 32 or safe operation of the vehicle. This Section shall not 33 apply to motor vehicles designed or modified primarily for HB4344 Engrossed -18- LRB9213778DHgc 1 off-highway racing purposes while such vehicles are in tow or 2 to motorcycles or motor driven cycles. 3 (Source: P.A. 78-436.) 4 (625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608) 5 Sec. 12-608. Bumpers. 6 (a) It shall be unlawful to operate any motor vehicle 7 with a gross vehicle weight rating of 9,000 pounds or less or 8 any motor vehicle registered as a recreational vehicle under 9 this Code on any highway of this State unless such motor 10 vehicle is equipped with both a front and rear bumper. 11 Except as indicated below, maximum bumper heights of such 12 motor vehicles shall be determined by weight category of 13 gross vehicle weight rating (GVWR) measured from a level 14 surface to the highest point of the bottom of the bumper when 15 the vehicle is unloaded and the tires are inflated to the 16 manufacturer's recommended pressure. 17 Maximum bumper heights are as follows: 18 Maximum Front Maximum Rear 19 Bumper height Bumper Height 20 All motor vehicles of the first 21 division except multipurpose 22 passenger vehicles: 22 inches 22 inches 23 Multipurpose passenger vehicles and 24 all other motor vehicles: 25 4,500 lbs. and under GVWR 24 inches 26 inches 26 4,501 lbs. through 7,500 27 lbs. GVWR 27 inches 29 inches 28 7,501 lbs. through 9,000 29 lbs. GVWR 28 inches 30 inches 30 For any vehicle with bumpers or attaching components 31 which have been modified or altered from the original 32 manufacturer's design in order to conform with the maximum 33 bumper requirements of this section, the bumper height shall HB4344 Engrossed -19- LRB9213778DHgc 1 be measured from a level surface to the bottom of the vehicle 2 frame rail at the most forward and rearward points of the 3 frame rail. The bumper on any vehicle so modified or altered 4 shall be at least 4.5 inches in vertical height and extend no 5 less than the width of the respective wheel tracks outermost 6 distance. 7 However, nothing in this Section shall prevent the 8 installation of bumper guards. 9 (b) This Section shall not apply to street rods, custom 10 vehicles, motor vehicles designed or modified primarily for 11 off-highway purposes while such vehicles are in tow or to 12 motorcycles or motor driven cycles, nor to motor vehicles 13 registered as antique vehicles when the original design of 14 such antique vehicles did not include bumpers. The provisions 15 of this Section shall not apply to any motor vehicle driven 16 during the first 1000 recorded miles of that vehicle, when 17 such vehicle is owned or operated by a manufacturer, dealer 18 or transporter displaying a special plate or plates as 19 described in Chapter 3 of this Code while such vehicle is (1) 20 being delivered from the manufacturing or assembly plant 21 directly to the purchasing dealer or distributor, or from one 22 dealership or distributor to another; (2) being moved by the 23 most direct route from one location to another for the 24 purpose of installing special bodies or equipment; or (3) 25 being driven for purposes of demonstration by a prospective 26 buyer with the dealer or his agent present in the cab of the 27 vehicle during the demonstration. 28 The dealer shall, prior to the receipt of any deposit 29 made or any contract signed by the buyer to secure the 30 purchase of a vehicle, inform such buyer, by written 31 statement signed by the purchaser to indicate acknowledgement 32 of the contents thereof, of the legal requirements of this 33 Section regarding front and rear bumpers if such vehicle is 34 not to be equipped with bumpers at the time of delivery. HB4344 Engrossed -20- LRB9213778DHgc 1 (c) Any violation of this Section is a Class C 2 misdemeanor. A second conviction under this Section shall be 3 punishable with a fine of not less than $500. An officer 4 making an arrest under this Section shall order the vehicle 5 driver to remove the vehicle from the highway. A person 6 convicted under this Section shall be ordered to bring his 7 vehicle into compliance with this Section. 8 (Source: P.A. 86-498.) 9 (625 ILCS 5/13A-104) (from Ch. 95 1/2, par. 13A-104) 10 Sec. 13A-104. Inspections. 11 (a) Every motor vehicle which is owned by a resident of 12 the original inspection area, other than a vehicle which is 13 exempt under subsection (d) or (e), shall be subject to 14 inspection under the program. 15 Beginning January 1, 1992, every motor vehicle which is 16 owned by a resident of the new inspection area, other than a 17 vehicle which is exempt under subsection (d) or (e), shall be 18 subject to inspection under the program. 19 In accordance with the schedule in subsection (b), the 20 Agency shall assign an inspection month for each vehicle 21 subject to inspection under the program, and shall send 22 notice thereof to the owner of the vehicle not less than 15 23 days prior to the beginning of the assigned month. For a 24 vehicle that was not previously subject to inspection, the 25 Agency shall also send an initial emission inspection sticker 26 to the owner of the vehicle. For a vehicle that was 27 previously subject to inspection and for which an initial 28 inspection sticker has already been issued, the month to be 29 assigned by the Agency for that vehicle shall not be earlier 30 than the current assigned month, unless so requested by the 31 owner; if the assigned month is later than the current 32 assigned month, the Agency shall issue a corrected inspection 33 sticker for that vehicle. HB4344 Engrossed -21- LRB9213778DHgc 1 Initial emission inspection stickers shall expire on the 2 last day of the third month following the month assigned by 3 the Agency for the first inspection of the vehicle in 4 accordance with the schedule in subsection (b). Renewal 5 inspection stickers shall expire on the last day of the third 6 month following the month assigned for inspection in the year 7 in which the vehicle's next inspection is required in 8 accordance with the schedule in subsection (b). 9 The Agency or its agent may issue a temporary emission 10 inspection sticker for any vehicle subject to inspection 11 which does not have a currently valid emission inspection 12 sticker at the time the Agency is notified by the Secretary 13 of State of its registration by a new owner, and for which an 14 initial emission inspection sticker has already been issued. 15 Such temporary emission inspection sticker shall expire on 16 the last day of the fourth complete calendar month after the 17 date the Agency is notified by the Secretary of State of the 18 registration of the vehicle by the new owner, but not earlier 19 than the end of the second complete calendar year after the 20 vehicle's model year. 21 The owner of each vehicle subject to inspection shall 22 obtain an emission inspection sticker for the vehicle in 23 accordance with this subsection. Prior to the expiration of 24 the emission inspection sticker, the owner shall have the 25 vehicle inspected and obtain a renewal emission inspection 26 sticker. A renewal emission inspection sticker shall not be 27 issued more than 5 months prior to the expiration date of the 28 previous inspection sticker. 29 (b) Except as provided in subsection (b-5), vehicles 30 subject to inspection shall be assigned inspection months 31 according to the following schedule: 32 (1) Vehicles of a model year before 1985 shall be 33 assigned an inspection month in 1991 and annually 34 thereafter. HB4344 Engrossed -22- LRB9213778DHgc 1 (2) Vehicles of model year 1985 shall be assigned 2 an inspection month in 1992 and annually thereafter. 3 (3) Vehicles of model year 1986 shall be assigned 4 an inspection month in 1991, 1993, and annually 5 thereafter. 6 (4) Vehicles of model year 1987 shall be assigned 7 an inspection month in 1992, 1994, and annually 8 thereafter. 9 (5) Vehicles of model year 1988 shall be assigned 10 an inspection month in 1991, 1993, 1995 and annually 11 thereafter. 12 (6) Vehicles of model year 1989 shall be assigned 13 an inspection month in 1992, 1994, 1996, and annually 14 thereafter. 15 (7) Vehicles of model year 1990 shall be assigned 16 an inspection month in 1993, 1995, 1997, and annually 17 thereafter. 18 (b-5) Beginning July 1, 1994, or as soon as practicable 19 thereafter, vehicles shall be assigned an inspection month 20 and inspected every 2 years on a schedule that begins in the 21 second calendar year after the vehicle model year. A vehicle 22 may be assigned an inspection month and inspected on a 23 schedule other than according to this subsection when a new 24 owner acquires a vehicle that should have been, but was not, 25 in compliance with this Act at the time the vehicle was 26 acquired by the new owner. 27 (c) The owner of every vehicle subject to inspection 28 shall have the vehicle inspected and obtain and display 29 thereon a valid unexpired emission inspection sticker in the 30 manner specified by the Agency. 31 Any person who violates this subsection (c) shall be 32 guilty of a petty offense, except that a third or subsequent 33 violation within one year shall be a Class C misdemeanor. The 34 fine imposed for a violation of this subsection shall be not HB4344 Engrossed -23- LRB9213778DHgc 1 less than $50 if the violation occurred within 60 days 2 following the date by which a new or renewal emission 3 inspection sticker was required to be obtained for the 4 vehicle, and not less than $300 if the violation occurred 5 more than 60 days after such date. 6 (d) The following vehicles are not subject to 7 inspection: 8 (1) vehicles not subject to registration under 9 Article IV of Chapter 3 of The Illinois Vehicle Code, 10 other than vehicles owned by the federal government; 11 (2) motorcycles, motor driven cycles and motorized 12 pedalcycles; 13 (3) farm vehicles and implements of husbandry; 14 (4) implements of warfare owned by the State or 15 federal government; 16 (5) antique vehicles, custom vehicles, street rods, 17 and vehicles of model year 1967 or before; 18 (6) vehicles operated exclusively for parade or 19 ceremonial purposes by any veterans, fraternal or civic 20 organization, organized on a not-for-profit basis; 21 (7) vehicles for which a Junking Certificate has 22 been issued by the Secretary of State pursuant to Section 23 3-117 of The Illinois Vehicle Code; 24 (8) diesel powered vehicles, and vehicles which are 25 powered exclusively by electricity; 26 (9) vehicles operated exclusively in organized 27 amateur or professional sporting activities, as defined 28 in the Environmental Protection Act; 29 (10) vehicles which were purchased new by the 30 current owner less than 24 months prior to the assigned 31 test month. 32 The Agency may issue temporary or permanent exemption 33 stickers, respectively, for vehicles temporarily or 34 permanently exempt from inspection under this subsection (d); HB4344 Engrossed -24- LRB9213778DHgc 1 however, the owner of an exempt vehicle need not obtain or 2 display an exemption sticker. 3 (e) Pursuant to such criteria as 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 such vehicle is owned and operated 7 by a corporation or other business entity, and that the situs 8 of such vehicle is located, and it is primarily used, outside 9 of the affected counties. The Agency may issue an annual 10 exemption sticker without inspection for any vehicle exempted 11 from inspection under this subsection (e). 12 (f) 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 (Source: P.A. 88-533.) 17 (625 ILCS 5/13B-15) 18 Sec. 13B-15. Inspections. 19 (a) Beginning with the implementation of the program 20 required by this Chapter, every motor vehicle that is owned 21 by a resident of an affected county, other than a vehicle 22 that is exempt under subsection (f) or (g), is subject to 23 inspection under the program. 24 The Agency shall send notice of the assigned inspection 25 month, at least 15 days before the beginning of the assigned 26 month, to the owner of each vehicle subject to the program. 27 For a vehicle that was subject to inspection before the 28 effective date of this amendatory Act of 1994 and for which 29 an initial inspection sticker or initial inspection 30 certificate has already been issued, the month to be assigned 31 by the Agency for that vehicle shall not be earlier than the 32 current assigned month, unless so requested by the owner. If 33 the assigned month is later than the current assigned month, HB4344 Engrossed -25- LRB9213778DHgc 1 the Agency shall issue either a corrected inspection sticker 2 or corrected certificate for that vehicle. 3 Initial emission inspection stickers or initial 4 inspection certificates, as the case may be, expire on the 5 last day of the third month following the month assigned by 6 the Agency for the first inspection of the vehicle. Renewal 7 inspection stickers or certificates expire on the last day of 8 the third month following the month assigned for inspection 9 in the year in which the vehicle's next inspection is 10 required. 11 The Agency or its agent may issue an interim emission 12 inspection sticker or certificate for any vehicle subject to 13 inspection that does not have a currently valid emission 14 inspection sticker or certificate at the time the Agency is 15 notified by the Secretary of State of its registration by a 16 new owner, and for which an initial emission inspection 17 sticker or certificate has already been issued. Interim 18 emission inspection stickers or certificates expire no later 19 than the last day of the sixth complete calendar month after 20 the date the Agency issued the interim emission inspection 21 sticker or certificate. 22 The owner of each vehicle subject to inspection shall 23 obtain an emission inspection sticker or certificate for the 24 vehicle in accordance with this subsection. Before the 25 expiration of the emission inspection sticker or certificate, 26 the owner shall have the vehicle inspected and, upon 27 demonstration of compliance, obtain a renewal emission 28 inspection sticker or certificate. A renewal emission 29 inspection sticker or certificate shall not be issued more 30 than 5 months before the expiration date of the previous 31 inspection sticker or certificate. 32 (b) Except as provided in subsection (c), vehicles shall 33 be inspected every 2 years on a schedule that begins either 34 in the second, fourth, or later calendar year after the HB4344 Engrossed -26- LRB9213778DHgc 1 vehicle model year. The beginning test schedule shall be set 2 by the Agency and shall be consistent with the State's 3 requirements for emission reductions as determined by the 4 applicable United States Environmental Protection Agency 5 vehicle emissions estimation model and applicable guidance 6 and rules. 7 (c) A vehicle may be inspected out of its 2-year 8 inspection schedule when a new owner acquires the vehicle and 9 it should have been, but was not, in compliance with this Act 10 when the vehicle was acquired by the new owner. 11 (d) The owner of a vehicle subject to inspection shall 12 have the vehicle inspected and obtain and display on the 13 vehicle or carry within the vehicle, in a manner specified by 14 the Agency, a valid unexpired emission inspection sticker or 15 certificate in the manner specified by the Agency. 16 Any person who violates this subsection (d) is guilty of 17 a petty offense, except that a third or subsequent violation 18 within one year of the first violation is a Class C 19 misdemeanor. The fine imposed for a violation of this 20 subsection shall be not less than $50 if the violation 21 occurred within 60 days following the date by which a new or 22 renewal emission inspection sticker or certificate was 23 required to be obtained for the vehicle, and not less than 24 $300 if the violation occurred more than 60 days after that 25 date. 26 (e) (1) For a $20 fee, to be paid into the Vehicle 27 Inspection Fund, the Agency shall inspect: 28 (A) Vehicles operated on federal installations 29 within an affected county, pursuant to Title 40, Section 30 51.356 of the Code of Federal Regulations. 31 (B) Federally owned vehicles operated in affected 32 counties. 33 (2) For a fee of $20, to be paid into the Vehicle 34 Inspection Fund, the Agency may inspect: HB4344 Engrossed -27- LRB9213778DHgc 1 (A) Vehicles registered in and subject to emission 2 inspections requirements of another state. 3 (B) Vehicles presented for inspection on a 4 voluntary basis. 5 Any fees collected under this subsection shall not offset 6 normally appropriated Motor Fuel Tax Funds. 7 (f) The following vehicles are not subject to 8 inspection: 9 (1) Vehicles not subject to registration under 10 Article IV of Chapter 3 of this Code, other than vehicles 11 owned by the federal government. 12 (2) Motorcycles, motor driven cycles, and motorized 13 pedalcycles. 14 (3) Farm vehicles and implements of husbandry. 15 (4) Implements of warfare owned by the State or 16 federal government. 17 (5) Antique vehicles, custom vehicles, street rods, 18 and vehicles of model year 1967 or before. 19 (6) Vehicles operated exclusively for parade or 20 ceremonial purposes by any veterans, fraternal, or civic 21 organization, organized on a not-for-profit basis. 22 (7) Vehicles for which a Junking Certificate has 23 been issued by the Secretary of State under Section 3-117 24 of this Code. 25 (8) Diesel powered vehicles, and vehicles that are 26 powered exclusively by electricity. 27 (9) Vehicles operated exclusively in organized 28 amateur or professional sporting activities, as defined 29 in the Environmental Protection Act. 30 (10) Vehicles registered in, subject to, and in 31 compliance with the emission inspection requirements of 32 another state. 33 The Agency may issue temporary or permanent exemption 34 stickers or certificates for vehicles temporarily or HB4344 Engrossed -28- LRB9213778DHgc 1 permanently exempt from inspection under this subsection (f). 2 An exemption sticker or certificate does not need to be 3 displayed. 4 (g) According to criteria the Agency may adopt, a motor 5 vehicle may be exempted from the inspection requirements of 6 this Section by the Agency on the basis of an Agency 7 determination that the vehicle is located and primarily used 8 outside of the affected counties or in other jurisdictions 9 where vehicle emission inspections are not required. The 10 Agency may issue an annual exemption sticker or certificate 11 without inspection for any vehicle exempted from inspection 12 under this subsection. 13 (h) Any owner or lessee of a fleet of 15 or more motor 14 vehicles which are subject to inspection under this Section 15 may apply to the Agency for a permit to establish and operate 16 a Private Official Inspection Station. 17 (i) Pursuant to Title 40, Section 51.371 of the Code of 18 Federal Regulations, the Agency shall establish a program of 19 on-road testing of in-use vehicles through the use of remote 20 sensing devices. The Agency shall evaluate the emission 21 performance of 0.5% of the subject fleet or 20,000 vehicles, 22 whichever is less. Under no circumstances shall on-road 23 testing include any sort of roadblock or roadside pullover or 24 cause any type of traffic delay. 25 If, during the course of on-road inspections, a vehicle 26 is found to exceed the on-road emissions standards 27 established for the model year and type of vehicle, the 28 Agency shall send a notice to the vehicle owner. The notice 29 shall document the occurrence and results of on-road 30 exceedances. The notice of a second on-road exceedance shall 31 indicate that the vehicle has been reassigned and is subject 32 to an out-of-cycle follow-up inspection at an official 33 inspection station. In no case shall the Agency send a notice 34 of an on-road exceedance to the owner of a vehicle that was HB4344 Engrossed -29- LRB9213778DHgc 1 found to exceed the on-road emission standards established 2 for the model year and type of vehicle if the vehicle is 3 registered outside of the affected counties. 4 (Source: P.A. 90-475, eff. 8-17-97.) HB4344 Engrossed -30- LRB9213778DHgc 1 INDEX 2 Statutes amended in order of appearance 3 625 ILCS 5/1-106.1 new 4 625 ILCS 5/1-113.1 new 5 625 ILCS 5/1-202.1 new 6 625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104 7 625 ILCS 5/3-804.1 new 8 625 ILCS 5/3-804.2 new 9 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 10 625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201 11 625 ILCS 5/12-205 from Ch. 95 1/2, par. 12-205 12 625 ILCS 5/12-208 from Ch. 95 1/2, par. 12-208 13 625 ILCS 5/12-301 from Ch. 95 1/2, par. 12-301 14 625 ILCS 5/12-501 from Ch. 95 1/2, par. 12-501 15 625 ILCS 5/12-608 from Ch. 95 1/2, par. 12-608 16 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101 17 625 ILCS 5/13A-104 from Ch. 95 1/2, par. 13A-104 18 625 ILCS 5/13B-15