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| Public Act 100-0160 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 13-109 as follows:
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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Sec. 13-109. Safety test prior to application for
license - | ||||
Subsequent tests - Repairs - Retest. | ||||
(a) Except as otherwise provided in Chapter 13, each second | ||||
division
vehicle, first division vehicle including a taxi which | ||||
is used for a purpose that requires a school bus driver permit, | ||||
and medical transport vehicle, except those vehicles other than
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school buses or medical transport vehicles owned or operated by | ||||
a municipal
corporation or political subdivision having a | ||||
population of 1,000,000 or
more inhabitants which are subjected | ||||
to safety tests imposed by local
ordinance or resolution, | ||||
operated in whole or in part over the highways
of this State, | ||||
motor vehicle used for driver education training, and each | ||||
vehicle designed to carry 15 or fewer passengers
operated by a | ||||
contract carrier transporting employees in the course of
their | ||||
employment
on a highway of this State, shall be subjected to | ||||
the safety
test provided for in Chapter
13 of this Code. Tests | ||||
shall be conducted at an official testing station
within 6 | ||||
months prior to the application for registration as provided
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for in this Code. Subsequently each vehicle shall be subject to | ||
tests (i) at
least every 6 months, (ii) in the case of school | ||
buses and first division vehicles including taxis which are | ||
used for a purpose that requires a school bus driver permit, at | ||
least every 6
months or 10,000 miles, whichever occurs first, | ||
or (iii) in the case of driver education vehicles used by | ||
public high schools, at least every 12 months for vehicles over | ||
5 model years of age or having an odometer reading of over | ||
75,000 miles, whichever occurs first, or (iv) in the case of | ||
truck tractors in combination with a semitrailer, at least | ||
every 12 months, and according to
schedules established by | ||
rules and regulations promulgated by the
Department. Any | ||
component subject to regular inspection which is
damaged in a | ||
reportable accident must be reinspected before the bus or first | ||
division vehicle including a taxi which is used for a purpose | ||
that requires a school bus driver permit is
returned to | ||
service.
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(b) The Department shall also conduct periodic | ||
nonscheduled inspections
of school buses, of buses registered | ||
as charitable vehicles and of
religious organization buses. If | ||
such inspection reveals that a vehicle is
not in substantial | ||
compliance with the rules promulgated by the Department,
the | ||
Department shall remove the Certificate of Safety from the | ||
vehicle, and
shall place the vehicle out-of-service. A bright | ||
orange, triangular decal
shall be placed on an out-of-service | ||
vehicle where the Certificate of
Safety has been removed. The | ||
vehicle must pass a safety test at an
official testing station | ||
before it is again placed in service.
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(c) If the violation is not substantial a bright yellow, | ||
triangular
sticker shall be placed next to the Certificate of | ||
Safety at the time the
nonscheduled inspection is made. The | ||
Department shall reinspect the
vehicle after 3 working days to | ||
determine that the violation has been
corrected and remove the | ||
yellow, triangular decal. If the violation is not
corrected | ||
within 3 working days, the Department shall place the vehicle
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out-of-service in accordance with procedures in subsection | ||
(b).
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(d) If a violation is not substantial and does not directly | ||
affect the
safe operation of the vehicle, the Department shall | ||
issue a warning notice
requiring correction of the violation. | ||
Such correction shall be
accomplished as soon as practicable | ||
and a report of the correction shall be
made to the Department | ||
within 30 days in a manner established by the
Department. If | ||
the Department has not been advised that the corrections
have | ||
been made, and the violations still exist, the Department shall | ||
place
the vehicle out-of-service in accordance with procedures | ||
in subsection
(b).
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(e) The Department is authorized to promulgate regulations | ||
to implement its
program of nonscheduled inspections. Causing | ||
or allowing the operation of
an out-of-service vehicle with | ||
passengers or unauthorized removal of an
out-of-service | ||
sticker is a Class 3 felony. Causing or allowing the
operation | ||
of a vehicle with a 3-day sticker for longer than 3 days with | ||
the
sticker attached or the unauthorized removal of a 3-day | ||
sticker is a Class C
misdemeanor.
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(f) If a second division vehicle, first division vehicle | ||
including a taxi which is used for a purpose that requires a | ||
school bus driver permit, medical transport vehicle, or
vehicle | ||
operated by a contract carrier as provided in subsection (a) of | ||
this
Section is in safe
mechanical condition, as determined | ||
pursuant to Chapter 13, the operator of
the official testing | ||
station must at once issue to the second division
vehicle, | ||
first division vehicle including a taxi which is used for a | ||
purpose that requires a school bus driver permit, or medical | ||
transport vehicle a certificate of safety, in the form
and | ||
manner prescribed by the Department, which shall be affixed to | ||
the
vehicle by the certified safety tester who performed the | ||
safety tests. The
owner of the second division vehicle, first | ||
division vehicle including a taxi which is used for a purpose | ||
that requires a school bus driver permit, or medical transport | ||
vehicle or the
contract carrier shall at
all times display the | ||
Certificate of Safety on the second division vehicle, first | ||
division vehicle including a taxi which is used for a purpose | ||
that requires a school bus driver permit, medical transport | ||
vehicle, or vehicle operated by a contract carrier
in the | ||
manner prescribed by the Department.
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(g) If a test shows that a second division vehicle, first | ||
division vehicle including a taxi which is used for a purpose | ||
that requires a school bus driver permit, medical
transport
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vehicle, or vehicle operated by a contract carrier is not in | ||
safe
mechanical condition as provided in this Section, it
shall | ||
not be operated on the highways until it has been repaired and
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submitted to a retest at an official testing station. If the | ||
owner or
contract carrier submits
the vehicle to a retest at
a
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different official testing station from that where it failed to | ||
pass the
first test, he or she shall present to the operator of | ||
the second station the
report of the original test, and shall | ||
notify the Department in writing,
giving the name and address | ||
of the original testing station and the defects
which prevented | ||
the issuance of a Certificate of Safety, and the name and
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address of the second official testing station making the | ||
retest.
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(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
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