Rep. Marcus C. Evans, Jr.

Filed: 2/28/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5056

2    AMENDMENT NO. ______. Amend House Bill 5056 on page 1, by
3replacing lines 6 through 7 with the following:
4"3-808.1, 3-815, 3-821, 4-107, 5-101, 5-102, 5-401.3, and
513-101 and by adding Section 1-177.5 as follows:"; and
 
6on page 83, immediately below line 19, by inserting the
7following:
 
8    "(625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
9    Sec. 13-101. Submission to safety test; Certificate of
10safety. To promote the safety of the general public, every
11owner of a second division vehicle, medical transport vehicle,
12tow truck, first division vehicle including a taxi which is
13used for a purpose that requires a school bus driver permit,
14motor vehicle used for driver education training, or contract
15carrier transporting employees in the course of their
16employment on a highway of this State in a vehicle designed to

 

 

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1carry 15 or fewer passengers shall, before operating the
2vehicle upon the highways of Illinois, submit it to a "safety
3test" and secure a certificate of safety furnished by the
4Department as set forth in Section 13-109. Each second division
5motor vehicle that pulls or draws a trailer, semitrailer or
6pole trailer, with a gross weight of 10,001 more than 8,000 lbs
7or more or is registered for a gross weight of 10,001 more than
88,000 lbs or more, motor bus, religious organization bus,
9school bus, senior citizen transportation vehicle, and
10limousine shall be subject to inspection by the Department and
11the Department is authorized to establish rules and regulations
12for the implementation of such inspections.
13    The owners of each salvage vehicle shall submit it to a
14"safety test" and secure a certificate of safety furnished by
15the Department prior to its salvage vehicle inspection pursuant
16to Section 3-308 of this Code. In implementing and enforcing
17the provisions of this Section, the Department and other
18authorized State agencies shall do so in a manner that is not
19inconsistent with any applicable federal law or regulation so
20that no federal funding or support is jeopardized by the
21enactment or application of these provisions.
22    However, none of the provisions of Chapter 13 requiring
23safety tests or a certificate of safety shall apply to:
24        (a) farm tractors, machinery and implements, wagons,
25    wagon-trailers or like farm vehicles used primarily in
26    agricultural pursuits;

 

 

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1        (b) vehicles other than school buses, tow trucks and
2    medical transport vehicles owned or operated by a municipal
3    corporation or political subdivision having a population
4    of 1,000,000 or more inhabitants and which are subject to
5    safety tests imposed by local ordinance or resolution;
6        (c) a semitrailer or trailer having a gross weight of
7    5,000 pounds or less including vehicle weight and maximum
8    load;
9        (d) recreational vehicles;
10        (e) vehicles registered as and displaying Illinois
11    antique vehicle plates and vehicles registered as
12    expanded-use antique vehicles and displaying expanded-use
13    antique vehicle plates;
14        (f) house trailers equipped and used for living
15    quarters;
16        (g) vehicles registered as and displaying Illinois
17    permanently mounted equipment plates or similar vehicles
18    eligible therefor but registered as governmental vehicles
19    provided that if said vehicle is reclassified from a
20    permanently mounted equipment plate so as to lose the
21    exemption of not requiring a certificate of safety, such
22    vehicle must be safety tested within 30 days of the
23    reclassification;
24        (h) vehicles owned or operated by a manufacturer,
25    dealer or transporter displaying a special plate or plates
26    as described in Chapter 3 of this Code while such vehicle

 

 

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1    is being delivered from the manufacturing or assembly plant
2    directly to the purchasing dealership or distributor, or
3    being temporarily road driven for quality control testing,
4    or from one dealer or distributor to another, or are being
5    moved by the most direct route from one location to another
6    for the purpose of installing special bodies or equipment,
7    or driven for purposes of demonstration by a prospective
8    buyer with the dealer or his agent present in the cab of
9    the vehicle during the demonstration;
10        (i) pole trailers and auxiliary axles;
11        (j) special mobile equipment;
12        (k) vehicles properly registered in another State
13    pursuant to law and displaying a valid registration plate,
14    except vehicles of contract carriers transporting
15    employees in the course of their employment on a highway of
16    this State in a vehicle designed to carry 15 or fewer
17    passengers are only exempted to the extent that the safety
18    testing requirements applicable to such vehicles in the
19    state of registration are no less stringent than the safety
20    testing requirements applicable to contract carriers that
21    are lawfully registered in Illinois;
22        (l) water-well boring apparatuses or rigs;
23        (m) any vehicle which is owned and operated by the
24    federal government and externally displays evidence of
25    such ownership; and
26        (n) second division vehicles registered for a gross

 

 

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1    weight of 10,000 8,000 pounds or less, except when such
2    second division motor vehicles pull or draw a trailer,
3    semi-trailer or pole trailer having a gross weight of or
4    registered for a gross weight of more than 10,000 8,000
5    pounds; motor buses; religious organization buses; school
6    buses; senior citizen transportation vehicles; medical
7    transport vehicles and tow trucks.
8    The safety test shall include the testing and inspection of
9brakes, lights, horns, reflectors, rear vision mirrors,
10mufflers, safety chains, windshields and windshield wipers,
11warning flags and flares, frame, axle, cab and body, or cab or
12body, wheels, steering apparatus, and other safety devices and
13appliances required by this Code and such other safety tests as
14the Department may by rule or regulation require, for second
15division vehicles, school buses, medical transport vehicles,
16tow trucks, first division vehicles including taxis which are
17used for a purpose that requires a school bus driver permit,
18motor vehicles used for driver education training, vehicles
19designed to carry 15 or fewer passengers operated by a contract
20carrier transporting employees in the course of their
21employment on a highway of this State, trailers, and
22semitrailers subject to inspection.
23    For tow trucks, the safety test and inspection shall also
24include the inspection of winch mountings, body panels, body
25mounts, wheel lift swivel points, and sling straps, and other
26tests and inspections the Department by rule requires for tow

 

 

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1trucks.
2    For driver education vehicles used by public high schools,
3the vehicle must also be equipped with dual control brakes, a
4mirror on each side of the vehicle so located as to reflect to
5the driver a view of the highway for a distance of at least 200
6feet to the rear, and a sign visible from the front and the
7rear identifying the vehicle as a driver education car.
8    For trucks, truck tractors, trailers, semi-trailers,
9buses, and first division vehicles including taxis which are
10used for a purpose that requires a school bus driver permit,
11the safety test shall be conducted in accordance with the
12Minimum Periodic Inspection Standards promulgated by the
13Federal Highway Administration of the U.S. Department of
14Transportation and contained in Appendix G to Subchapter B of
15Chapter III of Title 49 of the Code of Federal Regulations.
16Those standards, as now in effect, are made a part of this
17Code, in the same manner as though they were set out in full in
18this Code.
19    The passing of the safety test shall not be a bar at any
20time to prosecution for operating a second division vehicle,
21medical transport vehicle, motor vehicle used for driver
22education training, or vehicle designed to carry 15 or fewer
23passengers operated by a contract carrier as provided in this
24Section that is unsafe, as determined by the standards
25prescribed in this Code.
26(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;

 

 

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197-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2019.".