AUTHORITY: Implementing Sections 13-109.1 and 13-114 of the Illinois Vehicle Inspection Law [625 ILCS 5] and Section 13-108 of the Illinois Vehicle Code [625 ILCS 5], and authorized by Section 109.1 of the Illinois Vehicle Code [625 ILCS 5].

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; amended at 48 Ill. Reg. 16576, effective October 29, 2024.

SUBPART A: GENERAL

 

Section 460.100  Purpose

 

This Part establishes the requirements and procedures to be followed by an Official Testing Station, Official Portable Emission Testing Company, and Certified Diesel Emission Tester for the inspection of those diesel-powered vehicles which are required to be inspected pursuant to Section 13-109.1 of the Illinois Vehicle Inspection Law (the Law) [625 ILCS 5]. Additionally, inspection, compliance and enforcement procedures are covered by this Part and establish the Diesel Emission Inspection Program.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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 a Diesel Emissions Official Testing Station Permit or Official Portable Diesel Emissions Permit.

 

"Authorized Diesel Emission Inspection Equipment" means those testing and measuring devices that operate to meet or exceed the Society of Automotive Engineers Snap Acceleration Smoke Test Procedure for Heavy Duty Diesel Powered Vehicles, SAE Standard J1667, Rev. Feb. 2018.

 

"Authorized emergency vehicle" means emergency vehicles of municipal departments or public service corporations as are designated or authorized by proper State, county, or local authorities; police vehicles; vehicles of the fire department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code; ambulances; vehicles of the Illinois Department of Corrections; vehicles of the Illinois Department of Juvenile Justice; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the Illinois Department of Public Health; vehicles of the Illinois State Toll Highway Authority with a gross vehicle weight rating of 9,000 pounds or more and those identified as Highway Emergency Lane Patrol; vehicles of the Illinois Department of Transportation identified as Emergency Traffic Patrol; and vehicles of a municipal or county emergency services and disaster agency, as defined by the Illinois Emergency Management Agency Act. [625 ILCS 5/1-105]

 

"Bureau of Investigation and Compliance" or "BIC" means a bureau within the Illinois Department of Transportation's Office of Finance and Administration.

 

"Certified Diesel Emission Tester (CDET)" means an individual who is employed at an Official Testing Station, or Official Portable Emission Testing Company 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.

 

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

 

"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 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 Report " or "DEIR" means the report (Form BIC 8000) presented to the vehicle owner/operator.  If the vehicle passes, the report is validated by the presence of the Validation Certificate that is attached to the report 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 DEIR presented to the vehicle owner/operator if the vehicle fails the diesel emission inspection.  The vehicle's owner/operator is required to return to an Official Testing Station or Official Portable Emission Testing Company 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 Supplies" or "Supplies" means all items issued to an Official Testing Station or Official Portable Emission Testing Company by the Department in order to conduct a diesel emission inspection.  Items include, but are not limited to, diesel emission inspection reports and validation certificates.  All supplies remain the property of the Department.

 

"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.

 

"Director" means the Director of the Office of Finance and Administration for the Illinois Department of Transportation.

 

"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]

 

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

 

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

 

"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]

 

"Official Portable Diesel Emissions Permit" means evidence issued by the Department granting the Owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in this Part and Section 13-103.3 of the Law.

 

"Official Portable Emissions Testing Company" or "OPETC" means a business that meets the requirements of this Part and has been issued an Official Portable Diesel Emissions Permit by the Department to perform portable diesel emissions tests.

 

"Official Testing Station" or "OTS" 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" means evidence issued by the Department granting the Owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in this Part and 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.

 

"Opacity 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". (February 25, 1999) (See Section 460.140 for cutpoint standards.)

 

"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, or Official Portable Diesel Emissions Permit, or Official Portable Emission Testing Company Permit has been issued.  The Owner is responsible for the lawful operation of the OTS or OPETC diesel emission inspection program.

 

"Owner/Operator" means the person who presents the diesel-powered vehicle 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 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.

 

"Survey" means an examination performed by an Inspector of the perspective or current Official Testing Station or Official Portable Emission Testing Company physical address, diesel emission inspection equipment, and vehicles, if applicable.

 

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

 

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

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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

Bureau of Investigation and Compliance

3215 Executive Park Drive

Springfield, Illinois  62703

 

(217) 785-1181

DOT.VehicleInspectionUnit@illinois.gov

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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 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 February 1999.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

SUBPART B: REQUIREMENTS FOR DIESEL EMISSION INSPECTIONS

 

Section 460.200  Official Testing Station Requirements

 

a)         Diesel emission inspections shall be conducted at an OTS permitted by Department.

 

b)         Prospective, or current, owners of OTSs who wish to perform diesel emissions inspections shall submit:

 

1)         An application for an official testing station permit. Applications shall be submitted to the Department at DOT.VehicleInspectionUnit@illinois.gov.

 

2)         A $50 application fee, paid through the electronic payment system established by the Department (i.e., Illinois ePay) made payable to: Treasurer, State of Illinois. This application fee is nonrefundable. Any city, village, or incorporated town shall be exempt from this fee.

 

3)         File with the Department a bond in the amount of $10,000 with surety provided by a bonding company in good standing with the Department of Insurance. The bond will be held by the Department. Any city, village, or incorporated town shall be exempt from filing a bond.

 

4)         A list of vehicles owned or leased by the applicant. The list shall include the vehicle's make, model, vehicle identification number, registration (license plate) number, and physical address of the storage location. A vehicle list is only applicable to applicants for a private official testing station permit.

 

5)         A survey will be performed by an Inspector prior to the Department approving any application.

 

6)         If approved, the Department will issue an OTS permit, such permit will expire 12 months from its issuance. The permit shall be renewed annually upon payment of a $50 renewal fee and verification of a bond in the amount of $10,000, both in accordance with Section 460.200 (b)(2) and (3).

 

7)         Any change or amendment to an existing permit shall require an additional $50 fee. (i.e., change of ownership or location).

 

c)         An OTS that performs diesel emission inspections indoors must provide sufficient ventilation to prevent persons from becoming overcome by exhaust fumes.

 

d)         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.

 

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

 

f)         No diesel emission inspection shall be conducted unless the OTS Permit is valid and designates that the OTS provides diesel emission inspections.

 

g)         All diesel emission inspections shall be conducted on the property identified on the OTS Permit.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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.  PDOTS may conduct diesel emission inspections on vehicles which are owned or leased by the PDOTS.

 

c)         PDOTS shall notify the Department by email at least one working day prior to performing five or more diesel emission inspections in one week. An Inspector 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 transmit DEIRs electronically in a manner prescribed by the Department.

 

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.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.215  Official Portable Emissions Testing Companies

 

a)         To apply for an Official Portable Diesel Emissions Permit, applicants must submit a request, in writing, to the Department. Request shall be submitted to DOT.VehicleInspectionUnit@illinois.gov. Once the written request is received, a survey will be completed by an Inspector at the prospective OPETC's recordkeeping office for compliance of this Part. If the survey is approved, the applicant must submit Form BIC 1188, Application for Official Portable Diesel Emissions Permit.  The application shall include:

 

1)         A list of the year, make, model, and license plate number of each vehicle used to perform diesel emissions tests.

 

2)         A list of diesel emissions equipment which will be used to perform inspections.

 

3)         An affirmation that the testing equipment meets or exceeds the Society of Automotive Engineers (SAE) J1667 Snap Acceleration Smoke Test Standards.

 

4)         The physical address of the applicant's Illinois recordkeeping office.

 

5)         A $50 application fee paid through the electronic payment system established by the Department (i.e., Illinois ePay) made payable to: Treasurer, State of Illinois. This fee is nonrefundable.

 

b)         Prior to issuance of the Official Portable Diesel Emissions Permit, the applicant shall file a $10,000 bond with the Department with security provided by a bonding company in good standing with the Department of Insurance.  The bond form will be held by the Department.

 

c)         Recordkeeping Office

 

1)         OPETCs shall maintain a recordkeeping office within this State.

 

2)         Records shall be made available to the Department for inspection at the OPETC's recordkeeping office during normal business hours.

 

3)         If the OPETC's recordkeeping location is not open to the public (i.e., is not a location with normal business hours), records shall be made available to the Department for inspection upon the Department providing the OPETC at least 24 hours' notice of its intent to inspect records.

 

4)         The following records shall be maintained at the recordkeeping office:

 

A)        An inventory of validation certificates issued by the Department.

 

B)        Copies of CDET certificates.

 

C)        Records required to be kept under Section 460.330.

 

5)         The Department shall be notified in writing no later than seven days after any change in the location of the recordkeeping office.

 

d)         Diesel emission tests shall only occur at a vehicle owner/operator's place of business.

 

e)         OPETCs shall not perform diesel emissions inspections on fleets with less than 5 vehicles.

 

f)         The OPETC shall annually provide the Department with an updated list of vehicles it uses to perform diesel emissions tests, or sooner if requested by the Department.

 

g)         Each OPETC permitted to perform diesel emission inspections must have at least one CDET with a current and valid certificate.

 

h)         Every vehicle used by the OPETC to perform emissions testing shall have a folder containing copies of the Official Portable Diesel Emissions Permit and all CDET certificates.

 

i)          At the request of the Department, OPETCs must submit information on where inspections are scheduled.  The information must be submitted at least 48 hours prior to the date of inspection and include the following:

 

1)         Owner/Operator name;

 

2)         Date of inspection;

 

3)         Time of inspection;

 

4)         Physical address of where the emission tests will be performed; and

 

5)         Number of vehicles to be inspected.

 

(Source:  Added at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.220  Owner's Responsibilities

 

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

 

b)         The Owner shall submit Form BIC 1300, Application for Certified Diesel Emissions Tester, to the Department when applying for the Owner or an employee to become a CDET.  The application shall include the prospective CDET's:

 

1)         Full name;

 

2)         Date of birth;

 

3)         Photocopy of a State or U.S. Government issued photo-identification card; and

 

4)         A current photo of the applicant.  The photo must be a digital JPEG color photo with a white or off-white background, and be at least 54KB, but no larger than 10 MG.

 

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

 

d)         The Owner shall notify the Department as soon as the Owner is aware that neither the Owner nor any of the Owner's employees are eligible to conduct diesel emission inspections, e.g., when a CDET is no longer employed at the OTS or OPETC. Failure to have at least one employee who is certified to conduct diesel emission inspections automatically suspends the 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 Department as soon as the Owner is aware that the Owner's OTS or OPETC is not eligible to conduct diesel emission inspections, e.g., the OTS or OPETC is closed for vacation.  If the OTS or OPETC is not eligible to conduct diesel emission inspections for more than 30 days, an Inspector must approve resumption of the diesel emission inspection program.

 

f)         The Owner is responsible for maintaining the equipment in proper calibration and, if applicable, for maintaining the OTS or OPETC in proper condition as required by 92 Ill. Adm. Code 451.

 

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 Department 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 Inspector.  An Inspector 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 an OTS or OPETC 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 Department 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), through the electronic payment system established by the Department (i.e., Illinois ePay).

 

l)          The OTS or OPETC 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 or Official Portable Diesel Emissions 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 permit, validation certificates, diesel emission inspection equipment (if applicable), and supplies as requested by an Inspector 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)         The CDET's certificate remains the property of the Department and shall be immediately returned to the Department by the Owner if the CDET ceases inspecting vehicles or ceases to be employed by the OTS or OPETC; or if the permit is suspended, or revoked; or if the CDET fails to maintain certification.

 

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

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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 State or U.S. Government issued photo-identification card.

 

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

 

1)         Pass an open-book written test, administered by the Department, based on this Part with a passing score of at least 88%.

 

2)         Demonstrate proficiency to the Department, by properly operating and calibrating the diesel emission inspection equipment where employed.

 

c)         An 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)         If the OTS or OPETC 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.

 

e)         If a CDET leaves the employ of one OTS or OPETC 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 Department may require the CDET to pass the written and proficiency examinations before the certificate is transferred. (See subsection (b) for examination standards.)

 

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

 

f)         The CDET's certificate remains the property of the Department and shall be immediately returned to the Department by the Owner if the CDET ceases inspecting vehicles or ceases to be employed by the OTS or OPETC, or if the permit is suspended, canceled or revoked; or if the CDET fails to maintain certification.

 

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

 

h)         If an OTS or OPETC 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.

 

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

 

j)          Refusal of a CDET to submit to retesting shall automatically cancel the certification and the certificate shall be immediately surrendered to an Inspector.

 

k)         No person shall perform a diesel emission inspection unless that person has been certified as a CDET by the Department and that person has been issued a valid certificate.  The certificate shall be displayed at the OTS where the CDET is employed.  If employed by an OPETC, the original certificate shall be kept at the OPETC's recordkeeping office and a copy shall be kept in the vehicle used to perform the diesel inspection.

 

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

 

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

 

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

 

o)         The CDET who performed the original diesel emission inspection or reinspection shall affix the validation certificate to the Diesel Emission Inspection Report 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.

 

p)         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.

 

q)         CDET certificates shall expire 12 months following the date of issue but may be renewed annually by complying with this Part. The Department will annually recertify CDETs who have met the requirements of this Part. [625 ILCS 5/13-103.1]

 

r)          The annual recertification of CDETs, administered by the Department, shall include an open-book examination, physically performing a diesel emissions test, or demonstrating the proficiency in the operation of diesel emissions testing equipment utilized by the OTS or OPETC where employed.

 

s)         Failure to pass any part of the recertification exam cancels the CDET's certificate.  CDETs who fail to pass the recertification exam are prohibited from testing vehicles until they successfully pass the initial CDET proficiency and written examinations.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.240  Supervision and Enforcement

 

Inspectors (as defined in Section 460.110) have the responsibility:

 

a)         To monitor OTS and OPETCs and to enforce this Part.

 

b)         To approve or deny applications for Official Testing Station Permits, Official Portable Diesel Emissions Permits, and 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 require testing, e.g., not performing a minimum of 10% of diesel emission inspections annually.

 

d)         To complete surveys at business locations applying for an Official Testing Station Permit or Official Portable Diesel Emissions Permit (see Section 460.230(b)).

 

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.  An Inspector must approve the condition of the equipment (i.e., operating as intended by the manufacturer) before the OTS or OPETC may reopen for diesel emission inspections.

 

g)         To instruct Owners and CDET's 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 OTS's or OPETC's copy of this Part for completeness and availability.

 

l)          To audit all inspection forms and printer tapes (if applicable) generated during diesel emission inspections for accuracy, completeness, legibility and proper filing order.

 

m)        To inspect validation certificates at the OTS or OPETC for numerical sequence and storage security.  To check the Owner's method of accountability for all diesel emission inspection supplies issued by the Department.

 

n)         To investigate all complaints against an OTS, OPETC, or a CDET. [625 ILCS 5/13-107]

 

o)         To monitor OTS and OPETC 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 inspections by an Inspector to check records for proper filing and completion and diesel emission inspection equipment for proper calibration and operation as authorized by Section 13-105 and Section 13-105.1 of the Code , and to administer tests to prospective CDETs or those CDETs required to be retested.  Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if an OTS or OPETC is 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 or Official Portable Diesel Emissions 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 OTS or OPETC 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).  Permit(s) and diesel emission inspection supplies will be removed from the facility for the period of suspension or permanently upon revocation.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.250  Equipment, Supplies and Forms

 

a)         All required diesel emission inspection equipment furnished to an OTS or OPETC by the Department (if applicable) will remain the property of the Department.

 

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

 

c)         All completed forms and, supplies shall be kept in a secure place within the OTS or at the OPETC's recordkeeping office.

 

d)         Diesel emission inspection supplies, as defined in Section 460.110, shall be available for inspection by an Inspector any time during the business hours listed on the permit application.

 

e)         Validation certificates, as defined in Section 460.110, shall be stored in a locked safe or other locked place within the OTS or at the OPETC’s recordkeeping office.

 

f)         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 Inspector when the OTS or OPETC is either temporarily or permanently closed.

 

g)         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 Department by submitting the diesel emission inspection requisition form.  It shall be the Owner's responsibility to make sure the Owner's employees utilize the proper supplies.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

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

 

OTSs and OPETCs shall be equipped with authorized diesel emission inspection equipment as defined in Section 460.110 in order to perform diesel emission testing.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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 whether 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)         Complete the DEIR.  The CDET performing the inspection shall check the "pass" box, attach a validation certificate, and sign the DEIR.

 

2)         The DEIR shall be presented to the vehicle owner/operator with the explanation that the DEIR 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)         Complete the DEIR.  The CDET performing the inspection shall check the "fail" box and sign the form.

 

2)         A copy of the DEIR 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 an OTS or OPETC within 30 days after receipt of the DEIR or the Department will render the vehicle out-of-service. (See 625 ILCS 5/13-109.1(c))

 

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

 

1)         DEIRs and diesel emission inspection printer tapes (if applicable) shall be retained electronically at the OTS, or OPETC recordkeeping office, in monthly files for a period of two years, after which they may be deleted.

 

2)         DEIRs and diesel emission inspection printer tapes remain the property of the Department and must be accessible upon demand.

 

3)         DEIRs shall be transmitted electronically in a manner prescribed by the Department.

 

f)         All records received by the Department under this Section will be maintained according to the records retention schedule as approved by the State Records Commission.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

SUBPART D: LEVEL OF RATES AND CHARGES

 

Section 460.400  Rates and Charges

 

a)         Applicants shall file with the Department a proposed schedule of rates to be charged for performing a diesel emission inspection. The proposed schedule will be approved by the Department before a permit is issued.  All rates or charges for performing a diesel emission inspection shall be filed with, and 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 OTS or OPETC's recordkeeping office 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 and are the maximum amounts allowed to be charged for a diesel emission inspection. 

 

1)         Annual Diesel Emission Inspection − Initial Inspection:  $50

 

2)         Annual Diesel Emission Inspection − Reinspection(s):  $50

 

d)         No Owner shall charge more or less than the rates filed with, and approved by the Department. [625 ILCS 5/13-106].

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.410  Rate Change Procedure

 

a)         An Owner may change its rates or charges by filing with the Department a proposed schedule of rates and charges.

 

1)         The Department will approve any rates or charges which are less than or equal to the amounts set in Section 460.400.

 

2)         Any rates or charges greater than the amounts set in Section 460.400 will be denied.

 

b)         An application for a change of rate will be approved or disapproved within 15 business days after receipt by the Department.  If an application for a rate is approved, the rate shall become effective upon posting at the OTS by the Department, or in the case of an OPETC, upon receipt of the approval by the Department.  If an application for a proposed rate is disapproved by the Department and the proposed rate is not greater than the amounts set in Section 460.400, 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 an OTS or OPETC 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.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

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 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.  The DEIR presented to the owner/operator of the vehicle by the OTS or OPETC with the "fail" field completed will serve as the 30-day warning.

 

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

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

Section 460.510  Diesel Emission Inspection Out-of-Service Order

 

a)         If a vehicle has not passed a diesel emission reinspection within 30 days after 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.  (See 625 ILCS 5/13-109.1(c))

 

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. (See 625 ILCS 5/13-109.1(c))

 

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 Department will notify the Secretary of State within three business days after being notified that the vehicle passed or was granted a waiver by an OTS or OPETC.

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

 

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]

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)

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 Report

 

a)         A replacement Diesel Emission Inspection Report 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 Report will expire on the same date the original report was scheduled to expire.

 

c)         All replacement requests shall be submitted to:

 

Illinois Department of Transportation

Bureau of Investigation and Compliance

2300 South Dirksen Parkway

Springfield, Illinois  62764

DOT.VehicleInspectionUnit@illinois.gov

 

(Source:  Amended at 48 Ill. Reg. 16576, effective October 29, 2024)