Public Act 100-0160
 
HB3172 EnrolledLRB100 09547 AXK 19713 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 13-109 as follows:
 



    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)



    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

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

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.

    (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.

    (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

out-of-service in accordance with procedures in subsection 
(b).

    (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).

    (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.

    (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.

    (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

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

submitted to a retest at an official testing station.  If the 
owner or
contract carrier submits
the vehicle to a retest at
a

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

address of the second official testing station making the 
retest.

(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)