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Public Act 096-0487
Public Act 0487 96TH GENERAL ASSEMBLY
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Public Act 096-0487
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| SB1958 Enrolled |
LRB096 10578 AJT 20750 b |
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| 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 | Sections 1-113.1, 1-202.1, 3-107, 3-406, 3-804.1, 3-804.2, | 12-201, 12-208, and 12-301 as follows:
| (625 ILCS 5/1-113.1)
| Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
| least 25 years of age and of a model year after 1948 or a | vehicle that has
been certified by an inspector of the National | Street Rod Association, on a
form prescribed by the Secretary | of State, to be a custom vehicle
manufactured to resemble a | vehicle at least 25 years of age and of a model
year after 1948 | and has been
altered from the manufacturer's original design or | has a
body constructed from non-original materials
and which is
| maintained for occasional transportation,
exhibitions, club | activities, parades, tours, and similar uses
and which is not | used for general daily transportation.
| (Source: P.A. 92-668, eff. 1-1-03.)
| (625 ILCS 5/1-202.1)
| Sec. 1-202.1. Street rod. A motor vehicle that is a
1948 or | older vehicle or a vehicle that has been certified by an |
| inspector
of
the National Street Rod Association, on a form | prescribed by the Secretary
of State, to be a street rod that | was manufactured after 1948 to resemble a
vehicle that was | manufactured before
1949 and has been altered from the | manufacturer's
original design or has a body constructed from | non-original materials
and which is
maintained
for occasional | transportation,
exhibitions, club activities, parades, tours, | and similar uses
and which is not used for general daily | transportation.
| (Source: P.A. 92-668, eff. 1-1-03.)
| (625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
| Sec. 3-107. Contents and effect.
| (a) Each certificate of title issued by the Secretary of | State shall
contain:
| 1. the date issued;
| 2. the name and address of the owner;
| 3. the names and addresses of any lienholders, in the | order of
priority as shown on the application or, if the | application is based on
a certificate of title, as shown on | the certificate;
| 4. the title number assigned to the vehicle;
| 5. a description of the vehicle including, so far as | the following
data exists: its make, year-model, | identifying number, type of body,
whether new or used, as | to house trailers as defined in Section 1-128 of
this Code, |
| the square footage of the vehicle based upon the outside
| dimensions of the house trailer excluding the length of the | tongue and
hitch, and, if a new vehicle, the date of the | first sale of the vehicle
for use;
| 6. an odometer certification as provided for in
this | Code; and
| 7. any other data the Secretary of State prescribes.
| (a-5) In the event the applicant seeks to have the vehicle | titled as a custom vehicle or street rod, that fact must be | stated in the application. The custom vehicle or street rod | must be inspected as required by Section 3-406 of this Code | prior to issuance of the title. Upon successful completion of | the inspection, the vehicle may be titled in the following | manner. The make of the vehicle shall be listed as the make of | the actual vehicle or the make it is designed to resemble | (e.g., Ford or Chevrolet); the model of the vehicle shall be | listed as custom vehicle or street rod; and the year of the | vehicle shall be listed as the year the actual vehicle was | manufactured or the year it is designed to resemble. A vehicle | previously titled as other than a custom vehicle or street rod | may be issued a corrected title reflecting the custom vehicle | or street rod model if it otherwise meets the requirements for | the designation. | (b) The certificate of title shall contain forms for | assignment and
warranty of title by the owner, and for | assignment and warranty of title
by a dealer, and may contain |
| forms for applications for a certificate of
title by a | transferee, the naming of a lienholder and the assignment or
| release of the security interest of a lienholder. | (b-5) The Secretary of State shall designate on a | certificate of title a space where the owner of a vehicle may | designate a beneficiary, to whom ownership of the vehicle shall | pass in the event of the owner's death.
| (c) A certificate of title issued by the Secretary of State | is prima
facie evidence of the facts appearing on it.
| (d) A certificate of title for a vehicle is not subject to
| garnishment, attachment, execution or other judicial process, | but this
subsection does not prevent a lawful levy upon the | vehicle.
| (e) Any certificate of title issued by the Secretary of | State is
subject to a lien in favor of the State of Illinois | for any fees or
taxes required to be paid under this Act and as | have not been paid, as
provided for in this Code.
| (Source: P.A. 95-784, eff. 1-1-09.)
| (625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
| Sec. 3-406. Application for specially constructed, | reconstructed, custom, street rod, or foreign vehicles. | (a) In the event the vehicle to be registered is a | specially
constructed, reconstructed or foreign vehicle, such | fact shall be stated in
the application and with reference to | every foreign vehicle which has been
registered heretofore |
| outside of this State the owner shall surrender to
the | Secretary of State all registration plates, registration cards | or other
evidence of such foreign registration as may be in his | possession or under
his control except as provided in | subdivision (b) hereof.
| (b) Where in the course of interstate operation of a | vehicle registered
in another State, it is desirable to retain | registration of said vehicle in
such other State, such | applicant need not surrender but shall submit for
inspection | said evidences of such foreign registration and the Secretary | of
State upon a proper showing shall register said vehicle in | this State but
shall not issue a certificate of title for such | vehicle.
| (c) In the event the applicant seeks to have the vehicle | registered as a custom vehicle or street rod, that fact must be | stated in the application. Prior to registration, custom | vehicles or street rods must be inspected by the Secretary of | State Department of Police. Upon successful completion of the | inspection, the vehicle may be registered in the following | manner. The make of the vehicle shall be listed as the make of | the actual vehicle or the make it is designed to resemble | (e.g., Ford or Chevrolet); the model of the vehicle shall be | listed as custom vehicle or street rod; and the year of the | vehicle shall be listed as the year the actual vehicle was | manufactured or the year it is designed to resemble. | (Source: P.A. 76-1586.)
|
| (625 ILCS 5/3-804.1)
| Sec. 3-804.1. Custom vehicles.
| (a) The owner of a custom vehicle may register that vehicle | for
the standard
registration fee for a vehicle of the first | division, other than a motorcycle,
motor driven
cycle, or | pedalcycle, and obtain a custom vehicle plate. An applicant for
| the
special plate shall be charged, in addition to the standard | registration fee,
$15 for original issuance to be deposited | into the Secretary of State Special
License Plate Fund, to be | used by the Secretary to help defray administrative
costs. For | each renewal period, in addition to the standard registration | fee,
the applicant shall be charged $2, which shall be | deposited into the Secretary
of
State Special License Plate | Fund.
The
application for
registration must be accompanied by | an affirmation of
the owner that the vehicle will be
maintained
| for
occasional transportation,
exhibitions, club
activities, | parades, tours, and similar uses and
will
not be used for | general daily
transportation.
The Secretary may,
in his or her | discretion, prescribe that custom vehicle plates be issued for | a
definite or an indefinite term, the term to correspond to the | term of
registration plates issued generally, as provided in | Section 3-414.1. Any
person requesting custom vehicle plates | under this
Section
may also apply to have vanity or | personalized plates as provided under
Section 3-405.1.
| (b) Upon initial registration of a custom vehicle, the |
| owner of the
custom vehicle must have the vehicle inspected as | required by Section 3-406 of this Code provide proof acceptable | to the Secretary that, no more
than 3 months before the date of | the application for registration, the custom
vehicle passed a | safety inspection that (i) has been approved by the
Secretary | and (ii) is equivalent
to the National Street Rod Association's
| prescribed vehicle safety inspection.
| Except where otherwise provided, custom vehicles are | considered to be
in compliance with all vehicle equipment | requirements if they have passed the
approved vehicle safety | inspection.
| (Source: P.A. 92-668, eff. 1-1-03.)
| (625 ILCS 5/3-804.2)
| Sec. 3-804.2. Street rods.
| (a) The owner of a street rod may register the vehicle for
| the standard
registration fee
for a vehicle of the first | division, other than a motorcycle, motor driven
cycle, or
| pedalcycle, and obtain a street rod plate. An applicant for the | special
plate
shall be charged, in addition to the standard | registration fee, $15 for
original
issuance to be deposited | into the Secretary of State Special License Plate
Fund, to be | used by the Secretary to help defray administrative costs. For
| each renewal period, in addition to the standard registration | fee, the
applicant shall be charged $2, which shall be
| deposited into the Secretary of State Special License Plate |
| Fund. The
application for
registration must be accompanied by | an affirmation of
the owner that the vehicle will be maintained
| for
occasional transportation,
exhibitions, club activities, | parades, tours, and similar uses and
will
not be used for
| general daily transportation.
The Secretary may,
in his or her | discretion, prescribe that street rod plates be issued for a
| definite or an indefinite term, the term to correspond to the | term of
registration plates issued generally, as provided in | Section 3-414.1. Any
person requesting street rod plates under | this Section
may also apply to have vanity or personalized | plates as provided under
Section 3-405.1.
| (b) Upon initial registration of a street rod, the owner of | the street
rod must have the vehicle inspected as required by | Section 3-406 of this Code provide proof acceptable to the | Secretary that, no more than 3
months before the date of the | application for registration, the street rod
passed a safety | inspection that (i) has been approved by the Secretary and (ii)
| is
equivalent to the National Street Rod Association's | prescribed vehicle
safety inspection.
| Except where otherwise provided, street rods are | considered to be in
compliance with all vehicle equipment | requirements if they have passed the
approved vehicle safety | inspection.
| (Source: P.A. 92-668, eff. 1-1-03.)
| (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
|
| Sec. 12-201. When lighted lamps are required.
| (a) When operated upon any highway in this State, every | motorcycle shall at
all times exhibit at least one lighted | lamp, showing a white light visible
for at least 500 feet in | the
direction the motorcycle is proceeding. However, in lieu of | such lighted
lamp, a motorcycle may be equipped with and use a | means of modulating the
upper beam of the head lamp between | high and a lower brightness. No such
head lamp shall be | modulated, except to otherwise comply with this Code,
during | times when lighted lamps are required for other motor vehicles.
| (b) All other motor vehicles shall
exhibit at least 2 | lighted head lamps, with at least one on each side
of the front | of the vehicle, which satisfy United States Department of
| Transportation requirements, showing white lights, including | that emitted
by high intensity discharge (HID) lamps, or lights | of a yellow or amber tint,
during the period from sunset to | sunrise, at times when rain, snow, fog, or
other atmospheric | conditions require the use of windshield wipers, and at
any | other times when, due to insufficient light or unfavorable | atmospheric
conditions, persons and vehicles on the highway are | not clearly discernible at
a distance of 1000 feet. Parking | lamps may be used in addition to but not in
lieu of such head | lamps. Every motor vehicle, trailer, or semi-trailer shall
also | exhibit at least 2 lighted lamps, commonly known as tail lamps, | which
shall be mounted on the left rear and right rear of the | vehicle so as to throw
a red light visible for at least 500 |
| feet in the reverse direction, except that
a truck tractor or | road tractor manufactured before January 1, 1968 and all
| motorcycles need be equipped with only one such tail lamp.
| (c) Either a tail lamp or a separate lamp shall be so | constructed
and placed as to illuminate with a white light a | rear registration plate
when required and render it clearly | legible from a distance of 50 feet
to the rear. Any tail lamp | or tail lamps, together with any separate
lamp or lamps for | illuminating a rear registration plate, shall be so
wired as to | be lighted whenever the head lamps or auxiliary driving lamps
| are lighted.
| (d) A person shall install only head lamps that satisfy | United States
Department of Transportation regulations and | show white light, including that
emitted by HID lamps, or light | of a yellow or amber tint for use by a motor
vehicle.
| (e) (Blank). For purposes of this Section, a custom vehicle | or street rod is
considered to be in compliance with all | vehicle lamp requirements if it has
passed the approved safety | inspection provided for in Section 3-804.1 or
3-804.2.
| (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 92-16, | eff.
6-28-01; 92-668, eff. 1-1-03.)
| (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
| Sec. 12-208. Signal lamps and signal devices.
| (a) Every vehicle other than an antique vehicle displaying | an antique
plate operated in this State shall be equipped with |
| a stop lamp or lamps on
the rear of the vehicle which shall | display a red or amber light visible
from a distance of not | less than 500 feet to the rear in normal sunlight
and which | shall be actuated upon application of the service (foot) brake,
| and which may but need not be incorporated with other rear | lamps. During
times when lighted lamps are not required, an | antique vehicle may be
equipped with a stop lamp or lamps on | the rear of such vehicle of the same
type originally installed | by the manufacturer as original equipment and in
working order. | However, at all other times, except as provided in subsection
| (a-1), such antique vehicle must be
equipped with stop lamps | meeting the requirements of Section 12-208 of this
Act.
| (a-1) An antique vehicle, including an antique motorcycle, | may display a blue light or lights of up to one
inch in | diameter as part of the vehicle's rear stop lamp or lamps.
| (b) Every motor vehicle other than an antique vehicle | displaying an
antique plate shall be equipped with an electric | turn signal device which
shall indicate the intention of the | driver to turn to the right or to the
left in the form of | flashing lights located at and showing to the front and
rear of | the vehicle on the side of the vehicle toward which the turn is | to
be made. The lamps showing to the front shall be mounted on | the same level
and as widely spaced laterally as practicable | and, when signaling, shall
emit a white or amber light, or any | shade of light between white and amber.
The lamps showing to | the rear shall be mounted on the same level and as
widely |
| spaced laterally as practicable and, when signaling, shall emit | a
red or amber light. An antique vehicle shall be equipped with | a turn signal
device of the same type originally installed by | the manufacturer as
original equipment and in working order.
| (c) Every trailer and semitrailer shall be equipped with an | electric
turn signal device which indicates the intention of | the driver in the power
unit to turn to the right or to the left | in the form of flashing red or
amber lights located at the rear | of the vehicle on the side toward which
the turn is to be made | and mounted on the same level and as widely spaced
laterally as | practicable.
| (d) Turn signal lamps must be visible from a distance of | not less than
300 feet in normal sunlight.
| (e) Motorcycles and motor-driven cycles need not be | equipped with
electric turn signals. Antique vehicles need not | be equipped with turn
signals unless such were installed by the | manufacturer as original
equipment.
| (f) (Blank). For purposes of this Section, a custom vehicle | or street rod is
considered to be in compliance with all signal | lamp and signal device
requirements if it has passed the | approved safety inspection provided for in
Section 3-804.1 or | 3-804.2.
| (Source: P.A. 94-299, eff. 7-21-05.)
| (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
| Sec. 12-301. Brakes.
|
| (a) Brake equipment required.
| 1. Every motor vehicle,
other than a motor-driven cycle | and an antique vehicle displaying an
antique plate, when | operated upon a highway shall be equipped with brakes
| adequate to control the movement of and to stop and hold | such vehicle,
including 2 separate means of applying the | brakes, each of which means
shall be effective to apply the | brakes to at least one wheel on a
motorcycle and at least 2 | wheels on all other first division and second
division | vehicles. If these 2 separate means of applying the brakes | are
connected in any way, they shall be so constructed that | failure of any one
part of the operating mechanism shall | not leave the motor vehicle without
brakes.
| 2. Every motor-driven cycle when operated upon a | highway shall be
equipped with at least one brake which may | be operated by hand or foot.
| 3. Every antique vehicle shall be equipped with the | brakes of the
same type originally installed by the | manufacturer as original equipment
and in working order.
| 4. Except as provided in paragraph 4.1, every trailer | or semitrailer
of a gross weight of over 3,000 pounds,
when | operated upon a highway must be equipped with brakes | adequate
to control the movement of, to stop and to hold | such vehicle, and
designed so as to be operable by the | driver of the towing vehicle from
its cab. Such brakes must | be so designed and connected that in case of
an accidental |
| breakaway of a towed vehicle over 5,000 pounds, the
brakes | are automatically applied.
| 4.1. Every boat trailer
of a gross weight of over 3,000 | pounds,
when operated upon a highway, must be equipped with | brakes adequate
to control the movement of, to stop, and to | hold that boat trailer.
The brakes must be designed to | ensure that, in case of
an accidental breakaway of a towed | boat trailer over 5,000 pounds, the
brakes are | automatically applied.
| 5. Every motor vehicle, trailer, pole trailer or | semitrailer, sold
in this State or operated upon the | highways shall be equipped with
service brakes upon all | wheels of every such vehicle, except any
motor-driven | cycle, and except that any trailer, pole trailer or
| semitrailer 3,000 pounds gross weight or less need not be | equipped
with brakes, and except that any trailer or | semitrailer with gross
weight over 3,000 pounds but under | 5,001 pounds need be equipped with
brakes on only one wheel | on each side of the vehicle. Any motor vehicle
and truck | tractor having 3 or more axles and manufactured prior to | July
25, 1980 need not have brakes on the front wheels, | except when such
vehicles are equipped with at least 2 | steerable axles, the wheels of one
such axle need not be | equipped with brakes. However, a vehicle that is more
than | 30 years of age and which is driven on the highways only in | going to
and returning from an antique auto show or for |
| servicing or for a
demonstration need be equipped with 2 | wheel brakes only.
| (b) Performance ability of brakes.
| 1. The service brakes upon any
motor vehicle or | combination of vehicles operating on a level surface
shall | be adequate to stop such vehicle or vehicles when traveling | 20
miles per hour within a distance of 30 feet when upon | dry asphalt or
concrete pavement surface free from loose | material.
| 2. Under the above conditions the hand brake shall be | adequate to
stop such vehicle or vehicles, except any | motorcycle, within a distance
of 55 feet and the hand brake | shall be adequate to hold such vehicle or
vehicles | stationary on any grade upon which operated.
| 3. Under the above conditions the service brakes upon | an antique
vehicle shall be adequate to stop the vehicle | within a distance of 40
feet and the hand brake adequate to | stop the vehicle within a distance
of 55 feet.
| 4. All braking distances specified in this Section | apply to all
vehicles mentioned, whether such vehicles are | unloaded or are loaded to
the maximum capacity permitted | under this Act.
| 5. All brakes shall be maintained in good working order | and shall be
so adjusted as to operate as equally as | practicable with respect to the
wheels on opposite sides of | the vehicle.
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| 6. Brake assembly requirements for mobile homes shall | be the standards
required by the United States Department | of Housing and Urban Development
adopted under Title VI of | the Housing and Community Development Act of 1974.
| (c) (Blank). For purposes of this Section, a custom vehicle | or street rod is
considered to be in compliance with all brake | equipment requirements if it has
passed the approved vehicle | safety inspection provided for in Section 3-804.1
or 3-804.2.
| (Source: P.A. 92-668, eff. 1-1-03; 93-344, eff. 1-1-04.)
| Section 99. Effective date. This Act takes effect January | 1, 2010.
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Effective Date: 1/1/2010
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