SB2126 94TH GENERAL ASSEMBLY

LRB094 13473 DRH 48333 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2126

Introduced 10/19/2005, by Sen. Edward Petka

SYNOPSIS AS INTRODUCED:

625 ILCS 5/13B-15

Amends the Illinois Vehicle Code. Provides that vehicles more than 25 years old are exempt from emissions testing under the Vehicle Emissions Inspection Law of 1995. Effective immediately.

A BILL FOR

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 Section 13B-15 as follows:

(625 ILCS 5/13B-15)

Sec. 13B-15. Inspections.

(a) Beginning with the implementation of the program required by this Chapter, every motor vehicle that is owned by a resident of an affected county, other than a vehicle that is exempt under subsection (f) or (g), is subject to inspection under the program.

The Agency shall send notice of the assigned inspection month, at least 15 days before the beginning of the assigned month, to the owner of each vehicle subject to the program. For a vehicle that was subject to inspection before the effective date of this amendatory Act of 1994 and for which an initial inspection sticker or initial inspection certificate has already been issued, the month to be assigned by the Agency for that vehicle shall not be earlier than the current assigned month, unless so requested by the owner. If the assigned month is later than the current assigned month, the Agency shall issue either a corrected inspection sticker or corrected certificate for that vehicle.

Initial emission inspection stickers or initial inspection certificates, as the case may be, expire on the last day of the third month following the month assigned by the Agency for the first inspection of the vehicle. Renewal inspection stickers or certificates expire on the last day of the third month following the month assigned for inspection in the year in which the vehicle's next inspection is required.

The Agency or its agent may issue an interim emission inspection sticker or certificate for any vehicle subject to inspection that does not have a currently valid emission inspection sticker or certificate at the time the Agency is notified by the Secretary of State of its registration by a new owner, and for which an initial emission inspection sticker or certificate has already been issued. Interim emission inspection stickers or certificates expire no later than the last day of the sixth complete calendar month after the date the Agency issued the interim emission inspection sticker or certificate.

The owner of each vehicle subject to inspection shall obtain an emission inspection sticker or certificate for the vehicle in accordance with this subsection. Before the expiration of the emission inspection sticker or certificate, the owner shall have the vehicle inspected and, upon demonstration of compliance, obtain a renewal emission inspection sticker or certificate. A renewal emission inspection sticker or certificate shall not be issued more than 5 months before the expiration date of the previous inspection sticker or certificate.

(b) Except as provided in subsection (c), vehicles shall be inspected every 2 years on a schedule that begins either in the second, fourth, or later calendar year after the vehicle model year. The beginning test schedule shall be set by the Agency and shall be consistent with the State's requirements for emission reductions as determined by the applicable United States Environmental Protection Agency vehicle emissions estimation model and applicable guidance and rules.

(c) A vehicle may be inspected out of its 2-year inspection schedule when a new owner acquires the vehicle and it should have been, but was not, in compliance with this Act when the vehicle was acquired by the new owner.

(d) The owner of a vehicle subject to inspection shall have the vehicle inspected and obtain and display on the vehicle or carry within the vehicle, in a manner specified by the Agency, a valid unexpired emission inspection sticker or certificate in the manner specified by the Agency.

Any person who violates this subsection (d) is guilty of a petty offense, except that a third or subsequent violation within one year of the first violation is a Class C misdemeanor. The fine imposed for a violation of this subsection shall be not less than $50 if the violation occurred within 60 days following the date by which a new or renewal emission inspection sticker or certificate was required to be obtained for the vehicle, and not less than $300 if the violation occurred more than 60 days after that date.

(e) (1) For a $20 fee, to be paid into the Vehicle Inspection Fund, the Agency shall inspect:

(A) Vehicles operated on federal installations within an affected county, pursuant to Title 40, Section 51.356 of the Code of Federal Regulations.

(B) Federally owned vehicles operated in affected counties.

(2) For a fee of $20, to be paid into the Vehicle Inspection Fund, the Agency may inspect:

(A) Vehicles registered in and subject to emission inspections requirements of another state.

(B) Vehicles presented for inspection on a voluntary basis.

Any fees collected under this subsection shall not offset normally appropriated Motor Fuel Tax Funds.

(f) The following vehicles are not subject to inspection:

(1) Vehicles not subject to registration under Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.

(2) Motorcycles, motor driven cycles, and motorized pedalcycles.

(3) Farm vehicles and implements of husbandry.

(4) Implements of warfare owned by the State or federal government.

(5) Antique vehicles, custom vehicles, street rods, and vehicles more than 25 years old of model year 1967 or before.

(6) Vehicles operated exclusively for parade or ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not-for-profit basis.

(7) Vehicles for which a Junking Certificate has been issued by the Secretary of State under Section 3-117 of this Code.

(8) Diesel powered vehicles, and vehicles that are powered exclusively by electricity.

(9) Vehicles operated exclusively in organized amateur or professional sporting activities, as defined in the Environmental Protection Act.

(10) Vehicles registered in, subject to, and in compliance with the emission inspection requirements of another state.

The Agency may issue temporary or permanent exemption stickers or certificates for vehicles temporarily or permanently exempt from inspection under this subsection (f). An exemption sticker or certificate does not need to be displayed.

(g) According to criteria the Agency may adopt, a motor vehicle may be exempted from the inspection requirements of this Section by the Agency on the basis of an Agency determination that the vehicle is located and primarily used outside of the affected counties or in other jurisdictions where vehicle emission inspections are not required. The Agency may issue an annual exemption sticker or certificate without inspection for any vehicle exempted from inspection under this subsection.

(h) Any owner or lessee of a fleet of 15 or more motor vehicles which are subject to inspection under this Section may apply to the Agency for a permit to establish and operate a Private Official Inspection Station.

(i) Pursuant to Title 40, Section 51.371 of the Code of Federal Regulations, the Agency shall establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. The Agency shall evaluate the emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever is less. Under no circumstances shall on-road testing include any sort of roadblock or roadside pullover or cause any type of traffic delay.

If, during the course of on-road inspections, a vehicle is found to exceed the on-road emissions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall document the occurrence and results of on-road exceedances. The notice of a second on-road exceedance shall indicate that the vehicle has been reassigned and is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was found to exceed the on-road emission standards established for the model year and type of vehicle if the vehicle is registered outside of the affected counties.

(Source: P.A. 92-668, eff. 1-1-03.)

Section 99. Effective date. This Act takes effect upon becoming law.