Public Act 93-0637

HB0313 Re-Enrolled                   LRB093 03742 DRH 03775 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Section 13-101 as follows:

    (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
    Sec. 13-101.  Submission to safety test;  Certificate  of
safety.   To  promote the safety of the general public, every
owner  of  a  second  division  vehicle,  medical   transport
vehicle,   tow   truck,   or  contract  carrier  transporting
employees in the course of their employment on a  highway  of
this  State  in  a  vehicle  designed  to  carry  15 or fewer
passengers shall,  before  operating  the  vehicle  upon  the
highways of Illinois, submit it to a "safety test" and secure
a  certificate  of  safety furnished by the Department as set
forth in Section 13-109. Each second division  motor  vehicle
that  pulls  or draws a trailer, semitrailer or pole trailer,
with a gross weight of more than 8,000 lbs or  is  registered
for  a  gross  weight  of  more  than  8,000  lbs, motor bus,
religious  organization  bus,  school  bus,  senior   citizen
transportation  vehicle,  and  limousine  shall be subject to
inspection by the Department and the Department is authorized
to establish rules and regulations for the  implementation of
such inspections.
    The owners of each salvage vehicle shall submit it  to  a
"safety test" and secure a certificate of safety furnished by
the  Department  prior  to  its  salvage  vehicle  inspection
pursuant  to  Section 3-308 of this Code. In implementing and
enforcing the provisions of this Section, the Department  and
other  authorized State agencies shall do so in a manner that
is not  inconsistent  with  any  applicable  federal  law  or
regulation   so   that  no  federal  funding  or  support  is
jeopardized  by  the  enactment  or  application   of   these
provisions.
    However,  none  of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
         (a)  farm  tractors,   machinery   and   implements,
    wagons,   wagon-trailers   or  like  farm  vehicles  used
    primarily in agricultural pursuits;
         (b)  vehicles other than school  buses,  tow  trucks
    and  medical  transport  vehicles  owned or operated by a
    municipal corporation or political subdivision  having  a
    population of 1,000,000 or more inhabitants and which are
    subject  to  safety  tests  imposed by local ordinance or
    resolution;
         (c)  a semitrailer or trailer having a gross  weight
    of  5,000  pounds  or  less  including vehicle weight and
    maximum load;
         (d)  recreational vehicles;
         (e)  vehicles registered as and displaying  Illinois
    antique vehicle plates;
         (f)  house  trailers  equipped  and  used for living
    quarters;
         (g)  vehicles registered as and displaying  Illinois
    permanently  mounted equipment plates or similar vehicles
    eligible therefor but registered as governmental vehicles
    provided that if said  vehicle  is  reclassified  from  a
    permanently  mounted  equipment  plate  so as to lose the
    exemption of not requiring a certificate of safety,  such
    vehicle  must  be  safety  tested  within  30 days of the
    reclassification;
         (h)  vehicles owned or operated by  a  manufacturer,
    dealer  or  transporter  displaying  a  special  plate or
    plates as described in Chapter 3 of this Code while  such
    vehicle  is  being  delivered  from  the manufacturing or
    assembly plant directly to the purchasing  dealership  or
    distributor, or being temporarily road driven for quality
    control  testing,  or  from  one dealer or distributor to
    another, or are being moved by the most direct route from
    one location to another for  the  purpose  of  installing
    special  bodies  or  equipment, or driven for purposes of
    demonstration by a prospective buyer with the  dealer  or
    his  agent  present  in the cab of the vehicle during the
    demonstration;
         (i)  pole trailers and auxiliary axles;
         (j)  special mobile equipment;
         (k)  vehicles properly registered in  another  State
    pursuant  to  law  and  displaying  a  valid registration
    plate, except vehicles of contract carriers  transporting
    employees  in the course of their employment on a highway
    of this State in a vehicle designed to carry 15 or  fewer
    passengers  are  only  exempted  to  the  extent that the
    safety testing requirements applicable to  such  vehicles
    in  the  state of registration are no less stringent than
    the safety testing requirements  applicable  to  contract
    carriers that are lawfully registered in Illinois;
         (l)  water-well boring apparatuses or rigs;
         (m)  any  vehicle which is owned and operated by the
    federal government and externally  displays  evidence  of
    such ownership; and
         (n)  second division vehicles registered for a gross
    weight  of  8,000 pounds or less, except when such second
    division  motor  vehicles  pull  or   draw   a   trailer,
    semi-trailer  or pole trailer having a gross weight of or
    registered for a gross weight of more than 8,000  pounds;
    motor  buses; religious organization buses; school buses;
    senior citizen transportation vehicles; medical transport
    vehicles and tow trucks.
    The safety test shall include the testing and  inspection
of  brakes,  lights,  horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and  windshield  wipers,
warning  flags  and flares, frame, axle, cab and body, or cab
or body, wheels, steering apparatus, and other safety devices
and appliances required by this Code and  such  other  safety
tests  as  the  Department may by rule or regulation require,
for second division vehicles, school buses, medical transport
vehicles, tow trucks, vehicles designed to carry 15 or  fewer
passengers   operated  by  a  contract  carrier  transporting
employees in the course of their employment on a  highway  of
this State, trailers, and semitrailers subject to inspection.
    For tow trucks, the safety test and inspection shall also
include  the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
    For trucks, truck tractors, trailers, semi-trailers,  and
buses,  the safety test shall be conducted in accordance with
the Minimum Periodic Inspection Standards promulgated by  the
Federal  Highway  Administration  of  the  U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of  Federal  Regulations.
Those  standards,  as  now in effect, are made a part of this
Code, in the same manner as though they were set out in  full
in this Code.
    The  passing of the safety test shall not be a bar at any
time to prosecution for operating a second division  vehicle,
medical transport vehicle, or vehicle designed to carry 15 or
fewer  passengers  operated by a contract carrier as provided
in  this  Section  which  is  unsafe  as  determined  by  the
standards prescribed in this Code.
(Source: P.A. 92-108, eff. 1-1-02.)