AUTHORITY: Implementing and authorized by Sections 13-109.1 and 13-114 of the Illinois Vehicle Inspection Law [625 ILCS 5/13-109.1 and 13-114] and Section 3-704(b) of the Illinois Vehicle Code [625 ILCS 5/3-704(b)]. (See P.A. 92-437, effective August 17, 2001.)

SOURCE: Emergency rules adopted at 24 Ill. Reg. 9970, effective July 1, 2000, for a maximum of 150 days; emergency expired November 27, 2000; adopted at 24 Ill. Reg. 18412, effective December 1, 2000; amended at 26 Ill. Reg. 8464, effective May 28, 2002; recodified at 47 Ill. Reg. 15855.

SUBPART A: GENERAL

 

Section 460.100  Purpose

 

This Part establishes the requirements and procedures to be followed by an owner/operator of a diesel-powered vehicle registered within an affected area in the State of Illinois that is subject to a diesel emission inspection in accordance with Section 13-109.1 of the Illinois Vehicle Inspection Law (the Law) [625 ILCS 5/13-109.1]. Additionally, inspection, compliance and enforcement procedures are covered by this Part and establish the Diesel Emission Inspection Program.

 

Section 460.110  Definitions

 

As used in this Part:

 

            "Affected Areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable and Goose Lake in Grundy County and the township of Oswego in Kendall County. [625 ILCS 5/13-100.1]

 

            "Applicant" means any individual Owner, partners, authorized agent of a corporation, or lessee applying for an Official Testing Station Permit.

 

            "Authorized Diesel Emission Inspection Equipment" means those testing and measuring devices approved and required by the Department's Commercial Vehicle Safety Section for applicable Official Testing Stations' diesel emission inspection procedures.

 

            "Authorized Representative of the Department" means vehicle compliance inspectors and administrative personnel employed by the Illinois Department of Transportation.

 

            "Certified Diesel Emission Tester (CDET)" means an individual who is employed at an Official Testing Station and who has passed a written exam and who has demonstrated proficiency by operating and calibrating the authorized diesel emission inspection equipment and who has been issued a certificate by the Department.

 

            "Certified Safety Tester (CST)" means an individual who is employed at an Official Testing Station and who has passed a written exam and who has demonstrated proficiency in the operation of authorized safety test equipment and who has been issued a certificate by the Department.

 

            "Code" means the Illinois Vehicle Code [625 ILCS 5].

 

            "Commercial Vehicle Safety Section (CVSS)" means a section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.

 

            "Cutpoint Standards" means criteria established in the United States Environmental Protection Agency document "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure."  (See Section 460.140 for cutpoint standards.)

 

            "Department" means the Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. [625 ILCS 5/13-100]

 

            "Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection" means a certificate issued in accordance with Section 460.600 of this Part to the owner/operator of a vehicle that has failed a diesel emission inspection and reinspection but who has complied with all applicable waiver requirements in accordance with Section 460.600.

 

            "Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle" means a certificate issued in accordance with Section 460.605 of this Part to the owner/operator of a vehicle whose motor was manufactured ungoverned but who has complied with all applicable waiver requirements in accordance with Section 460.605.

 

            "Diesel Emission Inspection Compliance Card" means the document presented to the vehicle owner/operator if his/her vehicle passes a diesel emission inspection.  The card is validated by the presence of the Validation Certificate that is attached to the card in the form of an adhesive sticker and is required to be present in the cab of the vehicle.

 

            "Diesel Emission Inspection 30-Day Warning Notice" means the document presented to the vehicle owner/operator if the vehicle fails the diesel emission inspection.  The vehicle's owner/operator is required to return to the Station within 30 days for a reinspection.

 

            "Diesel Emission Inspection Equipment" means the equipment required to be used by the Certified Diesel Emission Tester to inspect a diesel-powered vehicle and to submit the results of the inspection to the Department.  The equipment includes, but is not limited to, the Department-approved smoke opacimeter, a workstation (i.e., laptop computer), and printer tape.

 

            "Diesel Emission Inspection Official Testing Stations" means those Stations located within the affected areas that participate in the Diesel Emission Inspection Program.

 

            "Diesel Emission Inspection Supplies (Supplies)" means all items issued to an Official Testing Station by the Commercial Vehicle Safety Section in order to conduct a diesel emission inspection.  Items include, but are not limited to, Diesel Emission Inspection Compliance Cards, Diesel Emission Inspection 30-Day Warning Notices, and Validation Certificates.  All supplies remain the property of the Commercial Vehicle Safety Section.

 

            "Diesel-Powered Vehicle" or "Diesel Vehicle" means a motor vehicle registered for a gross weight of more than 16,000 pounds, powered by an internal combustion, compression ignition, diesel fueled engine.

 

            "Diesel Smoke" means particles, including aerosols, suspended in the exhaust stream of a diesel engine that absorb, reflect, or refract light.

 

            "Director" means the Director of the Division of Traffic Safety for the Illinois Department of Transportation.

 

            "Division" means the Division of Traffic Safety for the Illinois Department of Transportation.

 

            "Effective Optical Path Length (L)" means the length of the smoke-obscured optical path between the smoke opacimeter light source and detector.

 

            "Emergency Vehicle" means vehicles of municipal departments or public service corporations that are designated or authorized as such by proper local authorities, including, but not limited to, police vehicles, vehicles of fire departments and ambulances.

 

            "Emission Control Devices" means those components of a vehicle that were designed and are used to control vehicle exhaust and evaporative system emissions.  For purposes of this Part, this term refers to components with which the vehicle was originally equipped or direct replacements.

 

            "Gross Weight" means the weight of a vehicle whether operated singly or in combination without load plus weight of the load thereon. [625 ILCS 5/1-125]

 

            "Gross Vehicle Weight Rating (GVWR)" means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle.  [625 ILCS 5/1-124.5]

 

            "Illinois Vehicle Inspection Law (the Law)" means 625 ILCS 5/Ch. 13.

 

            "Intrastate Carrier of Passengers" means any person engaged in the transportation of passengers solely within Illinois.

 

            "Intrastate Carrier of Property" means any person engaged in the transportation of property solely within Illinois.

 

            "Interstate Carrier of Passengers" means any person engaged in the transportation of passengers between a place in a state and a place outside of such state or between two places in a state through another state or a place outside the United States.

 

            "Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.

 

            "Model Year" means the year of manufacture of a vehicle based upon the annual production period of the vehicle as designated by the manufacturer and indicated on the title and registration of the vehicle.  If the manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year of manufacture. [625 ILCS 5/1-144.05]

 

            "Non-exempt Vehicle" means any vehicle subject to diesel emission inspections as required by this Part.

 

            "Official Testing Station(s) (the Station)" means all contiguous real and personal property that houses the equipment and supplies relating to the diesel emission inspection of vehicles.  Official Testing Stations are privately-owned businesses that are regulated by the Department.  Official Testing Stations are classified as either public or private.  Public Stations are open to the public.  Private Stations are established by companies for the purpose of inspecting vehicles owned or operated by the company. Private Stations are not open to the public.

 

            "Official Testing Station Permit (Permit)" means evidence issued by the Commercial Vehicle Safety Section granting the Owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in Section 13-103 of the Law.

 

            "Opacity (N)" means the percentage of light transmitted from a source that is prevented from reaching a light detector.

 

            "Operated within the Affected Area" means any vehicle that is physically within the affected area at any time, whether stationary or in motion.

 

            "Out-of-Service Order" means a temporary prohibition against driving a commercial motor vehicle. [625 ILCS 5/1-154.5]

 

            "Owner" means any individual, partners, authorized agent of a corporation, lessee, or other person in whose name an Official Testing Station Permit has been issued.  Such person(s) is responsible for the lawful operation of the Station's diesel emission inspection program.

 

            "Owner/Operator" means the person who presents the diesel-powered vehicle at the Station for inspection, commonly referred to as the vehicle's driver.

 

            "Part" means the regulations contained in this document that are located at 92 Ill. Adm. Code 460.

 

            "Person" means every natural person, firm, copartnership, association or corporation. [625 ILCS 5/1-159]

 

            "Rate or Charge" means the monetary charge (i.e., $30) authorized by 625 ILCS 5/13-106 to any person offering a vehicle for a diesel emission inspection pursuant to 625 ILCS 5/13-109.1.

 

            "Recognized Repair Technician" means a person professionally engaged in vehicle repair, employed by a company in operation whose purpose is vehicle repair, or possessing nationally recognized certification for emission related diagnosis and repair.

 

            "Secretary" means the Secretary of the Illinois Department of Transportation.

 

            "Smoke Density (K)" means a fundamental means of quantifying the ability of a smoke plume or smoke containing gas sample to obscure light.

 

            "Smoke Opacimeter" means a type of smokemeter designed to measure the opacity of a plume or sample of smoke by means of a light extinction principle.

 

            "Smokemeter Measurement Zone" means the effective length between the smokemeter light source and the light detector through which exhaust gases pass and interact with the smokemeter light beam.

 

            "Snap-Acceleration Inspection" means the method used to test a diesel-powered vehicle to determine the quality of diesel exhaust fumes being released into the atmosphere.

 

            "Station" means the Official Testing Station.

 

            "Transmittance (T)" means the fraction of light transmitted from a source that reaches a light detector.

 

            "Validation Certificate" means the sticker attached by the CDET to the Diesel Emission Inspection Compliance Card after the vehicle passes a diesel emission inspection.

 

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)

 

Section 460.120  Applicability

 

a)                  Intrastate Carriers of Property or Passengers and Interstate Carriers of Passengers:

 

            Effective July 1, 2000, each diesel-powered vehicle that is registered for a gross weight of more than 16,000 pounds, that is registered within the affected area (as defined in Section 460.110) and that is a 2 year or older model year shall be inspected annually for compliance with this Part.  [625 ILCS 5/13-109.1]

 

b)         Diesel-powered vehicles being operated on plates issued pursuant to Section 3-815(c) of the Code (Farm Truck Registration (i.e., license plate)) are exempt from the diesel emission inspection requirements set forth in this Part.  [625 ILCS 5/13-109.3]

 

c)         Units of local government within the affected areas, including home rule units, shall not require or conduct a diesel emission inspection program that does not meet or exceed the standards of the diesel emission inspection provided for in this Part.  [625 ILCS 5/13-117]

 

Section 460.130  Address for Correspondence

 

All business and correspondence pertaining to the diesel emission inspection program shall be addressed to:

 

            Illinois Department of Transportation

            Division of Traffic Safety

            Commercial Vehicle Safety Section

            3215 Executive Park Drive

            P.O. Box 19212

            Springfield, Illinois  62794-9212

            (217) 557-6081

 

Section 460.140  Incorporation by Reference and Cutpoint Standards

 

The following materials are incorporated by reference as of the edition date provided below.  No later amendments to or editions of the following documents are incorporated. Copies of these materials are available for inspection at the Department's Commercial Vehicle Safety Section at the address provided in Section 460.130.

 

a)         Society of Automotive Engineers (SAE) Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel-Powered Vehicles," revised February 1996.

 

            The opacity cutpoints recommended by this guidance that will be used as a standard for this program shall not exceed: 40% opacity for vehicles model year 1991 and newer; 55% opacity for vehicles model year 1974 to 1990; Until December 31, 2002, 70% for vehicles model year 1973 and older; and After January 1, 2003, 55% for vehicles model year 1973 and older.

 

b)         United States Environmental Protection Agency (USEPA) "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure," issued April 1997.

SUBPART B: REQUIREMENTS FOR DIESEL EMISSION INSPECTIONS

 

Section 460.200  Official Testing Station Requirements

 

a)         Diesel emission inspections shall be conducted at Official Testing Stations permitted by the Illinois Department of Transportation (the Department). The annual diesel emission inspection may be conducted in conjunction with the annual or semi-annual safety inspections.

 

b)         This Part establishes the requirements and procedures to be followed by an Official Testing Station in order to implement Section 13-109.1 of the Law [625 ILCS 5/13-109.1].

 

c)         Any private Official Testing Station permitted under Section 13-103 of the Law to conduct vehicle safety inspections may conduct diesel emission inspections on its own vehicles in accordance with this Part.  A new category of Official Testing Station is established for vehicle owners who want to conduct only diesel emission inspections on their own vehicles.  The new category of Station will be referred to as a Private Diesel Official Testing Station (PDOTS).  Both categories of private Official Testing Stations will be required to purchase their own diesel emission inspection equipment.

 

d)         The Official Testing Station (the Station) or the property the Station is located on must be of sufficient size to accommodate a vehicle as large as a tractor trailer combination unit.

 

e)         Diesel emission inspections may be performed outside the Station on the property where the Station is located.

 

f)         Those Stations performing diesel emission inspections inside the Station must provide sufficient ventilation to prevent persons from becoming overcome by exhaust fumes.

 

g)         A working telephone must be located in the Station to transmit diesel emission inspection data to the Department (1-866-899-6207).

 

h)         Public Stations located within the affected areas and permitted to conduct diesel emission inspections must perform a diesel emission inspection for each vehicle presented for such an inspection.

 

i)          Each Station permitted to perform diesel emission inspections must have at least one Certified Diesel Emission Tester with a current and valid certificate.

 

j)          No diesel emission inspection shall be conducted unless the Station's permit is valid and designates that the Station provides diesel emission inspections.

 

k)         All diesel emission inspections shall be conducted on the property identified on the Official Testing Station permit.

 

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)

 

Section 460.210  Private Diesel Official Testing Stations

 

a)         Private Diesel Official Testing Stations (PDOTS) may be established by persons or municipalities or other governmental entities that own or lease at least 25 diesel-powered vehicles subject to diesel emission inspections.

 

b)         PDOTS are not open to the public.

 

c)         PDOTS shall notify the Department by telephone at least one working day prior to performing five or more diesel emission inspections in one week. An authorized representative of the Department may be present at the time of inspection.

 

d)         PDOTS shall provide, at their own expense, diesel emission inspection equipment approved by the Department.

 

e)         The Department shall provide to PDOTS diesel emission inspection supplies necessary to conduct diesel emission inspections.  PDOTS must purchase Validation Certificates from the Department for one dollar each.

 

f)         PDOTS shall electronically transmit diesel emission inspection data to the Department via the Internet.

 

g)         PDOTS shall conduct all diesel emission inspections on the property of the facility to which the Official Testing Station permit is issued.

 

h)         PDOTS shall conduct all diesel emission inspections in accordance with this Part.

 

Section 460.220  Responsibilities of Official Testing Station Owner (Public and Private)

 

a)         The Owner shall require all Certified Diesel Emission Testers (CDET) to comply with this Part.

 

b)         The Owner of an Official Testing Station shall notify the CVSS in writing when he/she or his/her employees wish(es) to make application to become a CDET. The letter of request must include the Station's phone number and address as well as the applicant's:

 

1)         Full name;

 

2)         Date of birth;

 

3)         Driver's license number; and

 

4)         Photo which measures at least two inches by two inches but no more than three inches by three inches.

 

c)         The Owner is responsible for the training of employees on the equipment and inspection procedures before the employee is tested by an authorized representative of the Department to become a CDET.

 

d)         The Owner shall notify the CVSS as soon as he/she is aware that neither he/she nor any of his/her employees are eligible to conduct diesel emission inspections, e.g., when a CDET is no longer employed at the Station. Failure to have at least one employee who is certified to conduct diesel emission inspections automatically suspends the Official Testing Station's diesel emission inspection permit until such time as the Owner or an employee becomes certified to conduct diesel emission inspections.

 

e)         The Owner shall notify the CVSS as soon as he/she is aware that his/her Official Testing Station is not eligible to conduct diesel emission inspections, e.g., the Station is closed for vacation.  If the Official Testing Station is not eligible to conduct diesel emission inspections for more than 30 days, an authorized representative of the Department must approve resumption of the diesel emission inspection program.

 

f)         The Owner is responsible for maintaining the equipment in proper calibration and for maintaining the Station in proper condition as required by 92 Ill. Adm. Code 451.  After the diesel emission inspection equipment's manufacturer's warranty and maintenance program expires, the Owner is responsible for maintaining the diesel emission inspection equipment in proper working order.

 

g)         It shall be the Owner's responsibility to cease conducting diesel emission inspections when any piece of that equipment malfunctions.

 

1)         Equipment malfunctions and subsequent closure shall be reported to the CVSS as soon as the Owner is aware of the malfunction.

 

2)         Diesel emission inspections shall not be resumed until repairs are completed and approval is secured from an authorized representative of the Department.  An authorized representative of the Department will confirm that the diesel emission inspection equipment is working in accordance with the manufacturer's specifications.

 

h)         It shall be the Owner's responsibility to maintain a quantity of diesel emission inspection supplies to accommodate vehicles presented for original inspection or returned for reinspection.  If a Station does not have a quantity of diesel emission inspection supplies to issue to a vehicle returning for a reinspection, the inspection fee shall be refunded to the vehicle owner/operator.

 

i)          The Owner shall be responsible for the proper security and handling of the diesel emission inspection supplies.

 

j)          It shall be the Owner's responsibility to immediately notify the CVSS of any change in diesel emission inspection equipment.

 

k)         It shall be the Owner's responsibility to provide funds to the Department to cover the cost of Validation Certificates to perform diesel emission inspections (i.e., one dollar per Certificate), either through transmittal of appropriate funds or through use of a previously established credit balance. These procedures are currently in operation according to 92 Ill. Adm. Code 451.140.

 

l)          Validation Certificate fees shall be paid to:  TREASURER, STATE OF ILLINOIS, by the Station for each Certificate issued.  The Station shall only charge the authorized fee when issuing a Certificate (i.e., one dollar).  The authorized fee for the Validation Certificate is included in the rates or charges established in Section 460.400.

 

m)        If an Official Testing Station Permit is suspended or revoked pursuant to Section 460.240(p), performance of any and all diesel emission inspection activities shall be prohibited for the duration of the suspension or revocation.  It shall be the Owner's responsibility to surrender the Station permit and diesel emission inspection equipment and supplies as requested by an authorized representative of the Department on the date the suspension begins.  The Owner shall be responsible for making certain all employees honor the terms of the suspension or revocation.

 

n)         It shall be the Owner's responsibility to see that all diesel emission inspections are conducted in accordance with this Part.

 

Section 460.230  Responsibilities of Certified Diesel Emission Tester

 

a)         Persons interested in becoming a Certified Diesel Emission Tester (CDET) must meet the following requirements:

 

1)         Be a least eighteen years of age; and

 

2)         Possess a valid driver's license.

 

b)         Every applicant must accomplish the following before certification as a CDET to conduct diesel emission inspections is awarded:

 

1)         Pass a written test based on this Part with a passing score of at least 70%.

 

2)         Demonstrate proficiency by properly operating and calibrating the diesel emission inspection equipment at the Station where employed.

 

c)         The Station Owner may request retesting of a CDET applicant who failed the initial examination.

 

1)         A person who failed any part of the initial examination shall wait a period of 15 days before reapplying.

 

2)         A person who fails a second time shall wait a period of 30 days before reapplying.

 

3)         After three failures within one 12 month period, a person is not eligible to take the examination for a period of one year from the date of the last failure.

 

d)         A CDET shall conduct a minimum of ten percent of the Station's diesel emission inspections during any calendar year or may be required to successfully pass the written and proficiency examinations to maintain certification.  (See subsection (b) of this Section for examination standards.)

 

e)         If the Official Testing Station where a CDET is employed changes diesel emission inspection equipment, the CDET shall be required to demonstrate proficiency by operating and calibrating the new inspection equipment.

 

f)         If a CDET leaves the employ of one Official Testing Station and is subsequently hired by another, the latter employer shall request in writing to the Department a transfer of the CDET's certification.

 

1)         The CVSS may require the CDET to pass the written and proficiency examinations before the certificate is transferred. (See subsection (b) of this Section for examination standards.)

 

2)         Both tests shall be administered if the lapse in employment at Official Testing Stations exceeds 30 days.

 

g)         The CDET's certificate remains the property of the CVSS and shall be immediately returned to the CVSS or authorized personnel of the Department if the CDET ceases inspecting vehicles or ceases to be employed by the Official Testing Station; or if the certificate is suspended, canceled or revoked; or if the CDET fails to maintain his certification; or if the CDET's driver's license is expired, canceled, suspended or revoked.

 

h)         The diesel emission inspection privileges granted by the CDET's certificate shall be subject to cancellation, suspension or revocation by the Department for any violation of this Part.  (See 625 ILCS 5/13-108 and 92 Ill. Adm. Code 450 regarding administrative hearings.)

 

i)          If a CDET's certificate has been suspended for 90 days or more or canceled, the CVSS will require that the CDET pass the written and proficiency examinations prior to recertification.

 

j)          If an Official Testing Station is inoperative for a period of six months or more, all CDET certificates shall be canceled.  Any former CDET shall be required to be reexamined before a certificate is issued.

 

k)         Failure of a CDET to pass either the proficiency or written portion of any retest shall automatically cancel his/her certification.

 

l)          Refusal of a CDET to submit to retesting shall automatically cancel his/her certification and his/her certificate shall be immediately surrendered to an authorized representative of the Department.

 

m)        No person shall perform a diesel emission inspection unless that person has been certified as a CDET by the CVSS and that person has been issued a valid certificate by the CVSS.  The certificate shall be displayed at the Official Testing Station where the CDET is employed.

 

n)         The CDET shall perform the diesel emission inspection according to procedures established in this Part.

 

o)         The CDET shall have sole physical control of the vehicle being tested during the entire diesel emission inspection.

 

p)         The CDET shall be responsible for documenting all diesel emission inspection results in the manner prescribed in Section 460.330.

 

q)         The CDET who performed the original diesel emission inspection or reinspection shall affix the Validation Certificate to the Diesel Emission Inspection Compliance Card as prescribed in Section 460.330.  The Validation Certificate shall be affixed only if the vehicle inspected equals or exceeds all of the requirements of this Part.

 

r)          The CDET shall not accept any gratuity from any person for or in connection with an official diesel emission inspection or for the issuance or giving of proof of a diesel emission inspection.

 

Section 460.240  Supervision of Official Testing Station and Enforcement of Department Policies

 

During both announced and unannounced visits, authorized representatives of the Department (as defined in Section 460.110) have the responsibility:

 

a)         To monitor Official Testing Stations and to enforce this Part.

 

b)         To review and approve applications for Official Testing Station permits and Certified Diesel Emission Tester (CDET) certificates.

 

c)         To conduct written and proficiency tests for persons applying to become a CDET.  (See Section 460.230 for testing standards and procedures.)  To conduct tests for persons who have been requested by the Department to be retested, e.g., not performing a minimum of 10% of diesel emission inspections annually.

 

d)         To inspect building, equipment and adjacent roadway or alleys for compliance with Official Testing Station requirements or any conditions that affect the entrance and exit of vehicles.  (See 92 Ill. Adm. Code 451.110(b) for Official Testing Station classification requirements.)

 

e)         To inspect diesel emission inspection equipment for cleanliness, operability and accuracy.

 

f)         To require the Owner to cease performing diesel emission inspections when diesel emission inspection equipment is totally or partially inoperative or inaccurate.

 

1)         All diesel emission inspection supplies at the Official Testing Station will be removed and held by an authorized representative of the Department or the Commercial Vehicle Safety Section until the diesel emission inspection equipment has been cleaned, adjusted or repaired so as to render accurate results.

 

2)         An authorized representative of the Department will approve the condition of the equipment (i.e., operating efficiently and effectively) before the Station may reopen for diesel emission inspections.

 

g)         To instruct Official Testing Station Owners and CDET in the proper method of completing forms and reports used in diesel emission inspection procedures.

 

h)         To inspect forms required to be posted, completed and filed for cleanliness, legibility, and accuracy.

 

i)          To determine whether diesel emission inspections are performed in accordance with this Part.

 

j)          To have access to all records and supplies that are the property of and furnished by the Department.

 

k)         To inspect the Station's copy of this Part for completeness and availability.

 

l)          To inspect printer tapes generated during diesel emission inspections for accuracy, completeness, legibility and proper filing order.

 

m)        To inspect Validation Certificates at the Station for numerical sequence and storage security.  To check the Station Owner's method of accountability for all diesel emission inspection supplies issued to the Station.

 

n)         To investigate all complaints lodged against an Official Testing Station or a CDET. [625 ILCS 5/13-107]

 

o)         To monitor Official Testing Station procedures used in conducting diesel emission inspections through the use of both official marked and unmarked vehicles.  Monitoring conducted in marked State vehicles includes unannounced routine visits by area inspectors to check records for proper filing and completion and diesel emission inspection equipment for proper calibration and operation, and to administer tests to prospective CDETs or those CDETs required to be retested as authorized by Section 13-105 of the Law [625 ILCS 5/13-105].  Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if Official Testing Stations are performing diesel emission inspections in accordance with this Part as authorized by Section 13-107 of the Law [625 ILCS 5/13-107].

 

p)         To ensure compliance with goals for this program by issuing warning tickets or citations/complaints to Official Testing Station permit holders and their employees for alleged infractions of 625 ILCS 5/Ch. 13 and this Part.  The charges as outlined in the citation(s) will be adjudicated at an administrative hearing (see 625 ILCS 5/13-108 and 92 Ill. Adm. Code 450).  The Secretary will determine whether the Station has committed a violation after careful evaluation of the evidence presented at such hearing.  If a determination of a violation is made, the Secretary will assess penalties for violations alleged on the citation/complaints.  (See 92 Ill. Adm. Code 451.70(j) for penalty guidelines.)

 

q)         To require that the Owner cease diesel emission inspections and reinspections upon suspension or revocation of diesel emission inspection testing privileges, as outlined in subsection (p) of this Section.  Permit(s) and diesel emission inspection supplies will be removed from the facility for the period of suspension or permanently upon revocation.

 

Section 460.250  Diesel Emission Inspection Official Testing Station Equipment, Supplies and Forms

 

a)         All required diesel emission inspection equipment furnished to public Official Testing Stations by the Department will remain the property of the Department.

 

b)         The Owner of a public Official Testing Station furnished with diesel emission inspection equipment by the Department shall sign a "Diesel Emission Inspection Equipment Bailment Agreement" that includes, but is not limited to, a statement that the Station is responsible for damage or loss of the equipment due to theft, vandalism, fire or other occurrences, including negligent operation of the equipment or failure to perform routine maintenance on the equipment.  The Station will also pay for insurance, if any, for the equipment.  The Bailment Agreement will also serve as a receipt for the equipment when it is delivered to the Station by an authorized representative of the Department.

 

c)         All required forms and supplies will remain the property of the Department.

 

d)         All forms, supplies and completed printer tapes (see Section 460.330(e)) shall be kept in a secure place within the Official Testing Station.

 

e)         Diesel emission inspection supplies, as defined in Section 460.110, shall be available for inspection by an authorized representative of the Department any time during the hours listed in 92 Ill. Adm. Code 451.70(l)(1)(B).

 

f)         Validation Certificates, as defined in Section 460.110, shall be stored in a locked safe or other locked place within the Station.

 

g)         Upon request by the Department, all diesel emission inspection equipment and supplies, as defined in Section 460.110, furnished by the Department, will be surrendered immediately to an authorized representative of the Department when the Station is either temporarily or permanently closed.

 

h)         It shall be the Owner's responsibility to maintain a sufficient amount of supplies, as defined in Section 460.110, needed in the operation of the diesel emission inspection program.  These supplies may be obtained from the CVSS by submitting the diesel emission inspection requisition form.  It shall be the Owner's responsibility to make sure his/her employees utilize the proper supplies.

SUBPART C: PROCEDURES FOR PERFORMING THE SNAP-ACCELERATION INSPECTION

 

Section 460.300  Vehicle Preparation

 

AGENCY NOTE:  The procedure for a snap-acceleration inspection is established in accordance with SAE J1667 and consists of Sections 460.300 through 460.330. Prior to conducting the snap-acceleration test, the following procedures must be completed by the Certified Diesel Emission Tester (CDET):

 

a)         Set parking brake.

 

b)         Chock the wheels.

 

c)         Manual transmissions shall be placed in neutral.  Automatic transmissions shall be placed in park, if available, or neutral if park is not available.

 

d)         Deactivate any device that may alter normal acceleration, i.e. air-conditioning or engine brake.

 

e)         Slowly accelerate the vehicle toward its maximum governed speed.  Note any audible or visual indications that the engine is not mechanically sound. If there are no indications of problems, allow the engine to accelerate to a point where it becomes apparent that the governor is functioning properly. If it becomes apparent that the governor is not functioning properly, release the accelerator and stop the inspection.  If the vehicle's engine is governed and not functioning properly, the governor must be adjusted or repaired in accordance with the vehicle's manufacturer specifications before the snap-acceleration inspection is performed.  If the vehicle was manufactured without a governor, the procedure to obtain a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle must be initiated (see Section 460.605).

 

f)         Inspect the vehicle's exhaust system for leaks.  If exhaust leaks are found, stop the inspection until all exhaust leaks have been repaired.

 

Section 460.310  Equipment Set-Up

 

a)         Diesel emission inspection Official Testing Stations must be equipped with diesel emission inspection equipment approved by the Department.  The Department has approved the Smoke Check 1667 Partial Flow Opacity Meter manufactured by Red Mountain Engineering and the Opax 200 manufactured by Protech.

 

b)         The Department will only approve other equipment that is capable of performing the snap-acceleration inspection as described in Section 460.320, of reporting the inspection results as described in Section 460.330, and of interfacing with the Department's electronic information processing system.

 

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)

 

Section 460.320  Snap-Acceleration Inspection Procedures

 

With the vehicle prepared as described in Section 460.300 and the equipment set up as described in Section 460.310, the snap-acceleration inspection shall be executed as follows:

 

a)         With the engine at normal operating temperature and at low idle speed, the CDET shall move the accelerator to the fully opened position as quickly as possible.

 

b)         The CDET shall hold the accelerator in the fully opened position until the engine reaches its maximum governed speed, plus an additional 1 to 4 seconds, or as prompted by the display on the smoke opacimeter.

 

c)         After completing the snap-acceleration of the engine operating at maximum governed speed for 1 to 4 seconds, the CDET shall release the accelerator and allow the engine to return to low idle speed.

 

d)         Allow the engine to remain at low idle speed for 5 to 45 seconds or as prompted by the display on the smoke opacimeter.

 

e)         Repeat steps (a) through (d) two additional times, for a total of three snap-acceleration cycles.

 

f)         These three snap-accelerations are preliminary cycles that allow CDETs to become familiar with the engine's acceleration and also remove loose soot from the vehicle exhaust system.  The three preliminary cycles can also be used to check for proper operation of the smoke opacimeter.

 

g)         Within 2 minutes after the preliminary snap-acceleration cycles or as prompted by the smoke opacimeter, the CDET shall execute three snap-accelerations in the same manner as described in subsections (a) through (d) of this Section for the preliminary acceleration cycles.

 

h)         The percentage of opacity for the three snap-accelerations must be within 5% of each other for the inspection to be valid.

 

i)          If the smoke opacimeter display announces a valid inspection, document the inspection results as instructed in Section 460.330, Reporting of Inspection Results.

 

j)          If the test was invalid due to readings that varied by more than 5% or any other condition that would render the inspection invalid, repeat the entire inspection as outlined in Subpart C of this Part.

 

Section 460.330  Reporting of Inspection Results

 

a)         The owner/operator of each vehicle presented for a diesel emission inspection shall provide a registration card, title or bill of sale that displays the vehicle identification number (VIN) and the owner/operator's name and address.

 

b)         The CDET shall compare the VIN displayed on the registration card, title or bill of sale to the actual VIN on the vehicle being presented for a diesel emission inspection to determine that the document provided accurately identifies the vehicle presented.

 

c)         The following procedures apply only to vehicles that pass the diesel emission inspection by meeting minimum cutpoint standards:

 

1)         The following information shall be written on the back of the Diesel Emission Inspection Compliance Card (DEICC) in the space provided:

 

A)        Date of inspection

 

B)        Official Testing Station number

 

C)        Vehicle Identification Number (VIN)

 

D)        License plate number

 

i)          If license plate is applied for, write:  "applied for."

 

ii)         If no license plate or registration has been applied for, write:  "none."

 

E)        Write the average opacity reading indicated on the printer tape generated during the inspection.

 

F)         The CDET who performs the diesel emission inspection shall sign the DEICC.

 

G)        A Validation Certificate shall be attached in the space provided.  The DEICC is not valid as proof of compliance unless the Validation Certificate is attached.

 

2)         The DEICC shall be presented to the vehicle owner/operator with the explanation that the DEICC must be kept in the vehicle as proof of diesel emission inspection compliance.

 

d)         The following procedures apply only to vehicles that fail to meet minimum cutpoint standards.

 

1)         The following information shall be written on the back of the 30-Day Warning Notice Card in the space provided:

 

A)        Date of inspection

 

B)        Official Testing Station number

 

C)        Vehicle Identification Number (VIN)

 

D)        License plate number

 

i)          If license plate is applied for, write:  "applied for."

 

ii)         If no license plate or registration has been applied for, write:  "none."

 

E)        Write the average opacity reading indicated on the printer tape generated during the inspection.

 

F)         The CDET that performs the diesel emission inspection shall sign the 30-Day Warning Notice Card.

 

2)         The 30-Day Warning Notice Card shall be presented to the vehicle owner/operator with the explanation that the vehicle has failed to meet minimum opacity standards.  The vehicle must be repaired and pass a diesel emission reinspection at the same Official Testing Station within 30 days after receipt of the 30-Day Warning Notice Card or the Department will render the vehicle out-of-service.

 

e)         The following procedures are the responsibility of the Owner and apply to all vehicles for which a diesel emission inspection was completed.

 

1)         The printer tapes generated during the diesel emission inspection shall be bundled together at the end of each day.

 

2)         The top printer tape in each bundle shall be clearly marked in ink with the appropriate date.

 

3)         Each daily printer tape bundle shall be placed in a file marked with each appropriate month.

 

4)         Diesel emission inspection printer tapes shall be retained at the Official Testing Station in monthly files for a period of two years, after which they may be destroyed.

 

5)         Diesel emission inspection printer tapes remain the property of the Department and must be accessible upon demand.

 

6)         Diesel emission inspection results will be transmitted to the Department via the Internet.

SUBPART D: LEVEL OF RATES AND CHARGES

 

Section 460.400  Rates and Charges

 

a)         Any and all rates or charges made by the Owner of an Official Testing Station for performing a diesel emission inspection shall be approved by the Department and shall be just and reasonable.

 

b)         A rate or charge is "just and reasonable" if it is the same, or nearly the same, as the prevailing rate or charge for the same or similar test made in the community where the Official Testing Station is located.  [625 ILCS 5/13-106]

 

c)         The following rates or charges for an annual diesel emission inspection or reinspection have been determined by the Department to be prima facie just and reasonable rates or charges.  These rates were established by the Department based on the shop rate, journeyman mechanic's hourly wage and the CDET hourly wage at Official Testing Stations in the affected areas.

 

1)         Annual Diesel Emission Inspection − Initial Inspection:  $30

 

2)         Annual Diesel Emission Inspection − Reinspection(s):  $25

 

d)         No Owner of a Station shall charge any rate or charge or schedule of rates or charges unless that charge has been made in accordance with this Part.

 

Section 460.410  Rate Change Procedure

 

a)         The rates established by the Department in Section 460.400 are deemed to be filed by the Station with the Department, and may be changed upon application of the Owner of a Station or complaint of any person.  An application for a change of rate will be approved or disapproved within five business days by the Commercial Vehicle Safety Section, and the Owner will be notified in writing within 10 days after the application.  If an application for a rate is approved, the rate shall become effective upon posting at the Station by the Commercial Vehicle Safety Section.  If an application for a proposed rate is disapproved by the Department, an applicant may appeal the disapproval to the Director under 92 Ill. Adm. Code 454.260.  The procedure in Part 454 will be used to determine if a disapproved rate or a rate contested by any person is just and reasonable.  For purposes of this procedure, any reference to "rate" or "charge" in Part 454 is deemed to refer to a "rate" or "charge" for a diesel emission test at a Station in an affected area.  As the Department has determined a just and reasonable initial rate in Section 460.400, the procedure in 92 Ill. Adm. Code 454.210 for initial rates will not be followed.

 

b)         The following criteria will be used to evaluate rates to determine if a rate is just and reasonable:

 

1)         The Official Testing Station's labor (or shop) rate in comparison to those in the community of the Station;

 

2)         Its journeyman mechanic's hourly wages in comparison to those in the community of the Station; and

 

3)         CDET hourly rates at the Station in comparison to those in the community of the Station.

SUBPART E: WARNING NOTICES, OUT-OF-SERVICE ORDER AND ENFORCEMENT

 

Section 460.500  Diesel Emission Inspection 30-Day Warning Notice

 

a)         If an annual diesel emission inspection reveals that a vehicle is not in compliance with this Part, the Owner of the Station or the CDET shall issue a warning notice requiring correction of the violation. [625 ILCS 5/13-109.1] The warning notice shall be in the form of a Diesel Emission Inspection 30-Day Warning Notice, as defined in Section 460.110.

 

b)         Corrections shall be made and the vehicle submitted to an emission reinspection at the same Station that previously issued the warning notice within 30 days from the issuance of the warning notice requiring correction of the violation. [625 ILCS 5/13-109.1]

 

c)         Examples of basic corrections that will improve diesel emission smoke include, but are not limited to, the following:

 

1)         Replace air filter element, if needed;

 

2)         Check and adjust emission control equipment;

 

3)         Check oil level and ensure correct type recommended for your engine;

 

4)         Tune up, adjust timing, set valve clearance, rack travel, etc.;

 

5)         Ensure correct operation of cooling system;

 

6)         Repair restricted/dented exhaust system; and/or

 

7)         Ensure good grade of fuel.

 

Section 460.510  Diesel Emission Inspection Out-of-Service Order

 

a)         If a vehicle has not passed a diesel emission reinspection within 30 days from the receipt of a 30-Day Warning Notice or has not obtained a waiver as prescribed in Section 460.600, the Department shall issue an Out-of-Service Order via certified mail to the person(s) or company owning or operating the vehicle in violation of this Part.

 

b)         The Out-of-Service Order contains information identifying the owner/operator of the vehicle, information identifying the specific vehicle being placed out-of-service, the reason for the Order, the punishable fine of $1,000 for operating a vehicle that has been declared out-of-service, and a requirement that the vehicle pass a diesel emission reinspection before it may be returned to service.

 

c)         The vehicle will remain out-of-service until the vehicle passes a diesel emission reinspection or the vehicle's owner/operator obtains a waiver as prescribed in Section 460.600.

 

d)         The Department, without further notice to the owner/operator of a vehicle placed out-of-service, will also notify the Illinois Secretary of State, within three business days after receiving notice that a vehicle has been placed out-of-service, in writing or by electronic communication, that the vehicle is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code.  The Illinois Secretary of State may then suspend or revoke the registration of that vehicle [625 ILCS 5/3-704(b)] (see P.A. 92-0437, effective August 17, 2001) until such time as it is notified by the Department that the vehicle has either passed a diesel emission inspection or reinspection or has obtained a waiver as prescribed in Section 460.600.  The Department will notify the Secretary of State within three business days after being notified that the vehicle passed or was waived by an Official Testing Station.

 

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)

 

Section 460.520  Diesel Emission Inspection Enforcement

 

a)         Operating a vehicle in violation of an Out-of-Service Order is a petty offense punishable by a $1,000 fine.

 

b)         No emergency vehicle may be placed out-of-service.

 

c)         The Secretary of State, Department of State Police and other law enforcement officers shall enforce this Section.  [625 ILCS 5/13-109.1] Within 10 business days after the Department has been notified by the Department of State Police that a nonscheduled inspection conducted by a State Police officer has revealed that a vehicle is not in compliance with diesel emission standards set forth in Section 460.140, the Department will issue a Noncomplying Vehicle Notice, as prescribed in subsection (d) of this Section, to the owner/operator of the noncomplying vehicle, that the vehicle must obtain and pass a diesel emission inspection conducted at an Official Testing Station or obtain a waiver as prescribed in Section 460.600.

 

d)         The Noncomplying Vehicle Notice shall be served by regular U.S. mail to the owner/operator at his/her address obtained by the State Police, and contain information identifying the owner/operator of the noncomplying vehicle, the reason for the Noncomplying Vehicle Notice, and a warning substantially in the form of subsection (e) of this Section.

 

e)         If the noncomplying vehicle has not been inspected at an Official Testing Station within 30 days after service of the Noncomplying Vehicle Notice, the Department will, within three business days after the end of that period, notify the Illinois Secretary of State, in writing or by electronic communication, that the noncomplying vehicle is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code. The Illinois Secretary of State may then suspend or revoke the registration of the noncomplying vehicle [625 ILCS 5/3-704(b)] (see P.A. 92-0437, effective August 17, 2001)  until such time as it is notified by the Department that the vehicle has either passed a diesel emission inspection or reinspection or has obtained a waiver as prescribed in Section 460.600.  The Department will notify the Secretary of State within three business days after being notified that the vehicle passed a diesel emission inspection conducted at an Official Testing Station or obtained a waiver as prescribed in Section 460.600.

 

(Source:  Amended at 26 Ill. Reg. 8464, effective May 28, 2002)

SUBPART F: WAIVER REQUIREMENTS, GRIEVANCE AND REPLACEMENT PROCEDURES

 

Section 460.600  Diesel Emission Inspection Waiver Requirements for Failing Inspection and Reinspection

 

a)         A Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection shall be issued by the Department for a diesel-powered vehicle to its owner/operator who demonstrates that the vehicle meets the applicable waiver requirements of subsection (b) of this Section.

 

b)         A vehicle subject to inspection under this Part that has failed a diesel emission inspection and reinspection shall be eligible for a waiver from meeting the diesel emission requirements of this Part upon proof to the Department of compliance with all of the following:

 

1)         After failing an initial inspection and reinspection, the vehicle has failed to achieve compliance with the applicable vehicle diesel emission inspection standards set forth in this Part.

 

2)         A minimum expenditure of $3,000 in diesel emission related repairs, exclusive of tampering-related repairs, has been made.  [625 ILCS 5/13-109.1]

 

3)         The vehicle has received all repairs and adjustments for which it is eligible under any diesel emission performance warranty provisions.

 

4)         The vehicle owner/operator certifies to the Department that the diesel emission control devices are present and appear to be properly connected and operating.

 

5)         Repairs are conducted by a recognized repair technician, as defined in Section 460.110.

 

6)         Evidence of repair is presented to the Department consisting of signed and dated receipts identifying the vehicle and describing the work performed and amount charged for eligible diesel emission-related repairs.

 

c)         If the Department determines that an applicant for a waiver has not complied with all applicable waiver criteria set forth in subsection (b) of this Section, the waiver request will be denied.  The Department will provide to the applicant a written statement via U.S. mail containing the reason for the denial.

 

d)         If the Department determines that an applicant for a waiver has complied with all waiver criteria set forth in subsection (b) of this Section, the waiver shall be issued.  The Department shall provide the applicant a Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection via U.S. mail containing a description of the vehicle, including the manufacturer's vehicle identification number, and the issuance date of the waiver.  The Certificate of Waiver must be kept in the vehicle as proof of diesel emission inspection compliance.  Certificates of Waiver do not expire.

 

Section 460.605  Diesel Emission Inspection Waiver Requirements for an Ungoverned Vehicle

 

a)         The owner/operator of a diesel-powered vehicle subject to this Part that was manufactured without a device to govern engine revolutions per minute (RPM) shall be eligible for a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle.  The diesel-powered vehicle will be exempt from meeting the diesel emission requirements of 625 ILCS 5/13-109.1 upon receipt by the Department of a letter from the vehicle manufacturer or dealer affirming that the vehicle was manufactured ungoverned.  The letter must be on paper bearing the letterhead of the manufacturer or dealer of the vehicle in question.

 

b)         If the Department determines that an applicant for a waiver has not complied with the waiver criterion set forth in subsection (a) of this Section, the waiver request will be denied.  The Department will provide to the applicant a written statement via U.S. mail containing the reason for the denial.

 

c)         If the Department determines that an applicant for a waiver has complied with the waiver criterion set forth in subsection (a) of this Section, the waiver shall be issued.  The Department shall provide the applicant a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle via U.S. mail containing a description of the vehicle, including the manufacturer's vehicle identification number and the issuance date of the waiver.  The Certificate of Waiver must be kept in the vehicle as proof of diesel emission inspection compliance.  Certificates of Waiver do not expire.

 

Section 460.610  Grievance Procedures

 

a)         Any person aggrieved by a decision regarding the failure of a diesel emission reinspection at a Station or the denial of a waiver from the Department may petition the Department, which will investigate the matter.

 

b)         Grievances shall be filed in writing with the Department no more than 30 days after the decision made by the Department.  The grievance shall contain the reason for the grievance; general information about the vehicle (i.e., make, model, and year); and a contact person's name, address and telephone number.

 

c)         The Secretary or the Secretary's designee will appoint a Department employee to investigate every grievance submitted to the Department in accordance with this Part.  The vehicle is declared out-of-service during the duration of the investigation.

 

d)         The Department's investigation will be concluded within 45 days after the receipt of the grievance by the Department.

 

e)         Within the 45-day investigation period, the Department will issue written notification to the petitioner and the Official Testing Station, if applicable, indicating the Department's determination as to the correctness or incorrectness of the decision that precipitated the grievance.

 

f)         The Department's written notification will include a statement of the facts relied upon and technical issues decided by the Department in making its determination.  The Department's determination is considered administratively final.

 

Section 460.620  Replacement of Diesel Emission Inspection Compliance Card

 

a)         A replacement Diesel Emission Inspection Compliance Card may be obtained by submitting a written request for a replacement card along with a check or money order in the amount of $5 made payable to:  Treasurer, State of Illinois.  No cash will be accepted.

 

b)         The written request must contain general information about the vehicle (i.e., VIN, make, model and year), as well as a contact person's name, address, and telephone number.  The replacement Diesel Emission Inspection Compliance Card will expire on the same date the original card was scheduled to expire.

 

c)         All replacement requests shall be submitted to:

 

Illinois Department of Transportation

Diesel Emission Inspections

P.O. Box 19212

Springfield, Illinois  62794-9212