093_HB3527ham001

 










                                     LRB093 08183 DRH 12633 a

 1                    AMENDMENT TO HOUSE BILL 3527

 2        AMENDMENT NO.     .  Amend House Bill 3527  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 5    changing  Sections  3-806,  3-813,  11-208,  and  13-101   as
 6    follows:

 7        (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
 8        Sec.  3-806.   Registration  Fees;  Motor Vehicles of the
 9    First Division. Every owner of any other motor vehicle of the
10    first division, except as provided in Sections 3-804,  3-805,
11    3-806.3,   and  3-808,  and  every  second  division  vehicle
12    weighing 8,000 pounds or less, shall  pay  the  Secretary  of
13    State an annual registration fee at the following rates:

14                    SCHEDULE OF REGISTRATION FEES
15                           REQUIRED BY LAW
16              Beginning with the 1986 registration year
17                                                      Reduced Fee
18                                     Annual          On and After
19                                       Fee                June 15
20    Motor vehicles of the first
21    division other than
 
                            -2-      LRB093 08183 DRH 12633 a
 1    Motorcycles, Motor Driven
 2    Cycles and Pedalcycles             $48                    $24
 3                                                      Reduced Fee
 4                                                     September 16
 5                                                      to March 31
 6    Motorcycles, Motor Driven
 7    Cycles and Pedalcycles              30                     15

 8                    SCHEDULE OF REGISTRATION FEES
 9                           REQUIRED BY LAW
10              Beginning with the 2001 registration year
11                                                      Reduced Fee
12                                     Annual          On and After
13                                       Fee                June 15
14    Motor vehicles of the first
15    division and vehicles of
16    the second division weighing
17    8,000 pounds or less not
18    used as commercial vehicles,
19    other than
20    Motorcycles, Motor Driven
21    Cycles and Pedalcycles             $78                    $39
22                                                      Reduced Fee
23                                                     September 16
24                                                      to March 31
25    Motorcycles, Motor Driven
26    Cycles and Pedalcycles              38                     19
27    (Source: P.A. 91-37, eff. 7-1-99.)

28        (625 ILCS 5/3-813) (from Ch. 95 1/2, par. 3-813)
29        Sec.  3-813.  Vehicles  of second division - Registration
30    fee.
31        (a)  Except as  otherwise  provided  in  this  Code,  all
32    owners of vehicles of the second division which are designed,
33    equipped   or   used  for  carrying  freight,  goods,  wares,
 
                            -3-      LRB093 08183 DRH 12633 a
 1    merchandise, or for use as living quarters; and all owners of
 2    vehicles of the first division which have been remodelled and
 3    are being used for such purposes; and  all  owners  of  motor
 4    vehicles  operated  as truck tractors to the weights of which
 5    are added to the gross weights  of  semitrailers  with  their
 6    maximum  loads  when  drawn  by  such truck tractors; and all
 7    owners of vehicles of the second division which are used  for
 8    carrying  more than 10 persons, shall pay to the Secretary of
 9    State for each registration year, for the use of  the  public
10    highways  of  this  State, a registration fee of $10 for each
11    such vehicle. A self-propelled vehicle operated  as  a  truck
12    tractor  and  one  semitrailer  or  a  combination of a truck
13    tractor and semitrailer drawing a trailer  or  a  semitrailer
14    converted  to  a  trailer through use of an auxiliary axle or
15    any combination of apportioned vehicles shall  be  considered
16    as  one  vehicle  in  computing  the  flat weight taxes under
17    Section 3-815.
18        (b)  Owners of second division  vehicles  weighing  8,000
19    pounds  or  less that are not used as commercial vehicles may
20    register under Section 3-806  and  display  the  registration
21    plates   of   vehicles  of  the  first  division  instead  of
22    registering under this Section.
23    (Source: P.A. 87-206.)

24        (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
25        Sec. 11-208.  Powers of local authorities.
26        (a)  The provisions of this Code shall not be  deemed  to
27    prevent   local  authorities  with  respect  to  streets  and
28    highways under their jurisdiction and within  the  reasonable
29    exercise of the police power from:
30             1.  Regulating  the standing or parking of vehicles,
31        except as limited by Section 11-1306 of this Act;
32             2.  Regulating traffic by means of  police  officers
33        or traffic control signals;
 
                            -4-      LRB093 08183 DRH 12633 a
 1             3.  Regulating   or   prohibiting   processions   or
 2        assemblages on the highways;
 3             4.  Designating   particular   highways  as  one-way
 4        highways and requiring that all vehicles thereon be moved
 5        in one specific direction;
 6             5.  Regulating the speed of vehicles in public parks
 7        subject to the limitations set forth in Section 11-604;
 8             6.  Designating any highway as a through highway, as
 9        authorized in Section  11-302,  and  requiring  that  all
10        vehicles  stop  before  entering  or crossing the same or
11        designating any intersection as a stop intersection or  a
12        yield   right-of-way   intersection   and  requiring  all
13        vehicles to stop or yield the right-of-way at one or more
14        entrances to such intersections;
15             7.  Restricting the use of highways as authorized in
16        Chapter 15;
17             8.  Regulating  the  operation   of   bicycles   and
18        requiring   the   registration  and  licensing  of  same,
19        including the requirement of a registration fee;
20             9.  Regulating  or  prohibiting   the   turning   of
21        vehicles or specified types of vehicles at intersections;
22             10.  Altering  the  speed  limits  as  authorized in
23        Section 11-604;
24             11.  Prohibiting U-turns;
25             12.  Prohibiting pedestrian crossings at other  than
26        designated and marked crosswalks or at intersections;
27             13.  Prohibiting   parking   during   snow   removal
28        operation;
29             14.  Imposing   fines  in  accordance  with  Section
30        11-1301.3 as penalties  for  use  of  any  parking  place
31        reserved  for  persons  with  disabilities, as defined by
32        Section 1-159.1, or disabled veterans by any person using
33        a motor vehicle not bearing registration plates specified
34        in Section 11-1301.1 or a  special  decal  or  device  as
 
                            -5-      LRB093 08183 DRH 12633 a
 1        defined in Section 11-1301.2 as evidence that the vehicle
 2        is  operated  by  or  for  a  person with disabilities or
 3        disabled veteran;
 4             15.  Adopting such other traffic regulations as  are
 5        specifically authorized by this Code; or
 6             16.  Enforcing  the  provisions of subsection (f) of
 7        Section 3-413 of this Code or a similar local ordinance.
 8        (b)  No ordinance or regulation enacted under subsections
 9    1, 4, 5, 6, 7, 9, 10, 11 or 13  of  paragraph  (a)  shall  be
10    effective  until signs giving reasonable notice of such local
11    traffic regulations are posted.
12        (c)  The provisions of this Code shall  not  prevent  any
13    municipality   having   a   population  of  500,000  or  more
14    inhabitants from  prohibiting  any  person  from  driving  or
15    operating  any  motor  vehicle  upon  the  roadways  of  such
16    municipality with headlamps on high beam or bright.
17        (d)  The  provisions  of this Code shall not be deemed to
18    prevent local authorities within the reasonable  exercise  of
19    their police power from prohibiting, on private property, the
20    unauthorized  use of parking spaces reserved for persons with
21    disabilities.
22        (e)  No unit of local government, including a  home  rule
23    unit,  may enact or enforce an ordinance that applies only to
24    motorcycles if the principal purpose for that ordinance is to
25    restrict the access of motorcycles to any highway or  portion
26    of  a highway for which federal or State funds have been used
27    for the planning, design,  construction,  or  maintenance  of
28    that  highway.  No unit of local government, including a home
29    rule unit, may enact an ordinance requiring motorcycle  users
30    to  wear protective headgear.  Nothing in this subsection (e)
31    shall affect the authority of a unit of local  government  to
32    regulate  motorcycles  for  traffic  control  purposes  or in
33    accordance with Section 12-602 of  this  Code.   No  unit  of
34    local  government,  including  a home rule unit, may regulate
 
                            -6-      LRB093 08183 DRH 12633 a
 1    motorcycles in a manner inconsistent with  this  Code.   This
 2    subsection  (e)  is  a  limitation  under  subsection  (i) of
 3    Section 6 of Article VII of the Illinois Constitution on  the
 4    concurrent   exercise  by  home  rule  units  of  powers  and
 5    functions exercised by the State.
 6        (f)  A unit of local government, including  a  home  rule
 7    unit,  may  not enact or enforce an ordinance that prevents a
 8    vehicle of the second division weighing 8,000 pounds or  less
 9    and  displaying  the  registration plates of a vehicle of the
10    first  division  from  operating  on   a   boulevard.    This
11    subsection  (f)  is  a  limitation  under  subsection  (i) of
12    Section 6 of Article VII of the Illinois Constitution on  the
13    concurrent   exercise  by  home  rule  units  of  powers  and
14    functions exercised by the State.
15    (Source: P.A. 90-106,  eff.  1-1-98;  90-513,  eff.  8-22-97;
16    90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)

17        (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
18        Sec.  13-101.  Submission  to safety test; Certificate of
19    safety.  To promote the safety of the general  public,  every
20    owner   of  a  second  division  vehicle,  medical  transport
21    vehicle,  tow  truck,  or   contract   carrier   transporting
22    employees  in  the course of their employment on a highway of
23    this State in  a  vehicle  designed  to  carry  15  or  fewer
24    passengers  shall,  before  operating  the  vehicle  upon the
25    highways of Illinois, submit it to a "safety test" and secure
26    a certificate of safety furnished by the  Department  as  set
27    forth  in  Section 13-109. Each second division motor vehicle
28    that pulls or draws a trailer, semitrailer or  pole  trailer,
29    with  a  gross weight of more than 8,000 lbs or is registered
30    for a gross  weight  of  more  than  8,000  lbs,  motor  bus,
31    religious   organization  bus,  school  bus,  senior  citizen
32    transportation vehicle, and limousine  shall  be  subject  to
33    inspection by the Department and the Department is authorized
 
                            -7-      LRB093 08183 DRH 12633 a
 1    to establish rules and regulations for the  implementation of
 2    such inspections.
 3        The  owners  of each salvage vehicle shall submit it to a
 4    "safety test" and secure a certificate of safety furnished by
 5    the  Department  prior  to  its  salvage  vehicle  inspection
 6    pursuant to Section 3-308 of this Code.
 7        However, none of the provisions of Chapter  13  requiring
 8    safety tests or a certificate of safety shall apply to:
 9             (a)  farm   tractors,   machinery   and  implements,
10        wagons,  wagon-trailers  or  like  farm   vehicles   used
11        primarily in agricultural pursuits;
12             (b)  vehicles  other  than  school buses, tow trucks
13        and medical transport vehicles owned  or  operated  by  a
14        municipal  corporation  or political subdivision having a
15        population of 1,000,000 or more inhabitants and which are
16        subject to safety tests imposed  by  local  ordinance  or
17        resolution;
18             (c)  a  semitrailer or trailer having a gross weight
19        of 5,000 pounds or  less  including  vehicle  weight  and
20        maximum load;
21             (d)  recreational vehicles;
22             (e)  vehicles  registered as and displaying Illinois
23        antique vehicle plates;
24             (f)  house trailers equipped  and  used  for  living
25        quarters;
26             (g)  vehicles  registered as and displaying Illinois
27        permanently mounted equipment plates or similar  vehicles
28        eligible therefor but registered as governmental vehicles
29        provided  that  if  said  vehicle  is reclassified from a
30        permanently mounted equipment plate so  as  to  lose  the
31        exemption  of not requiring a certificate of safety, such
32        vehicle must be safety  tested  within  30  days  of  the
33        reclassification;
34             (h)  vehicles  owned  or operated by a manufacturer,
 
                            -8-      LRB093 08183 DRH 12633 a
 1        dealer or  transporter  displaying  a  special  plate  or
 2        plates  as described in Chapter 3 of this Code while such
 3        vehicle is being  delivered  from  the  manufacturing  or
 4        assembly  plant  directly to the purchasing dealership or
 5        distributor, or being temporarily road driven for quality
 6        control testing, or from one  dealer  or  distributor  to
 7        another, or are being moved by the most direct route from
 8        one  location  to  another  for the purpose of installing
 9        special bodies or equipment, or driven  for  purposes  of
10        demonstration  by  a prospective buyer with the dealer or
11        his agent present in the cab of the  vehicle  during  the
12        demonstration;
13             (i)  pole trailers and auxiliary axles;
14             (j)  special mobile equipment;
15             (k)  vehicles  properly  registered in another State
16        pursuant to  law  and  displaying  a  valid  registration
17        plate;
18             (l)  water-well boring apparatuses or rigs;
19             (m)  any  vehicle which is owned and operated by the
20        federal government and externally  displays  evidence  of
21        such ownership; and
22             (n)  second division vehicles registered for a gross
23        weight  of  8,000 pounds or less, except when such second
24        division  motor  vehicles  pull  or   draw   a   trailer,
25        semi-trailer  or pole trailer having a gross weight of or
26        registered for a gross weight of more than 8,000  pounds;
27        motor  buses; religious organization buses; school buses;
28        senior citizen transportation vehicles; medical transport
29        vehicles and tow trucks; and.
30             (o)  second division vehicles weighing 8,000  pounds
31        or  less  and  displaying  first division vehicle license
32        plates.
33        The safety test shall include the testing and  inspection
34    of  brakes,  lights,  horns, reflectors, rear vision mirrors,
 
                            -9-      LRB093 08183 DRH 12633 a
 1    mufflers, safety chains, windshields and  windshield  wipers,
 2    warning  flags  and flares, frame, axle, cab and body, or cab
 3    or body, wheels, steering apparatus, and other safety devices
 4    and appliances required by this Code and  such  other  safety
 5    tests  as  the  Department may by rule or regulation require,
 6    for second division vehicles, school buses, medical transport
 7    vehicles, tow trucks, vehicles designed to carry 15 or  fewer
 8    passengers   operated  by  a  contract  carrier  transporting
 9    employees in the course of their employment on a  highway  of
10    this State, trailers, and semitrailers subject to inspection.
11        For tow trucks, the safety test and inspection shall also
12    include  the inspection of winch mountings, body panels, body
13    mounts, wheel lift swivel points, and sling straps, and other
14    tests and inspections the Department by rule requires for tow
15    trucks.
16        For trucks, truck tractors, trailers, semi-trailers,  and
17    buses,  the safety test shall be conducted in accordance with
18    the Minimum Periodic Inspection Standards promulgated by  the
19    Federal  Highway  Administration  of  the  U.S. Department of
20    Transportation and contained in Appendix G to Subchapter B of
21    Chapter III of Title 49 of the Code of  Federal  Regulations.
22    Those  standards,  as  now in effect, are made a part of this
23    Code, in the same manner as though they were set out in  full
24    in this Code.
25        The  passing of the safety test shall not be a bar at any
26    time to prosecution for operating a second division  vehicle,
27    medical transport vehicle, or vehicle designed to carry 15 or
28    fewer  passengers  operated by a contract carrier as provided
29    in  this  Section  which  is  unsafe  as  determined  by  the
30    standards prescribed in this Code.
31    (Source: P.A. 92-108, eff. 1-1-02.)".