103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3774

 

Introduced 2/17/2023, by Rep. Paul Jacobs

 

SYNOPSIS AS INTRODUCED:
 
620 ILCS 15/1  from Ch. 15 1/2, par. 187
620 ILCS 15/7.5 new
625 ILCS 5/1-178.5 new
625 ILCS 5/3-102  from Ch. 95 1/2, par. 3-102
625 ILCS 5/3-405.35 new
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-413  from Ch. 95 1/2, par. 3-413
625 ILCS 5/11-201.5 new
625 ILCS 5/13-101  from Ch. 95 1/2, par. 13-101
625 ILCS 5/13C-15

    Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as an aircraft that has a method of propulsion which allows wheeled travel on roads and highways and is manufactured to meet the federal safety standards of motorcycles. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements.


LRB103 27544 MXP 53919 b

 

 

A BILL FOR

 

HB3774LRB103 27544 MXP 53919 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Aircraft Landing and Taking Off Restriction
5Act is amended by changing Section 1 and by adding Section 7.5
6as follows:
 
7    (620 ILCS 15/1)  (from Ch. 15 1/2, par. 187)
8    Sec. 1. For the purposes of this Act, the term:
9    (a) "public airport" means any airport owned or operated
10by the State of Illinois, or by any municipal corporation or
11political subdivision of this state, which is used or intended
12for use by public, commercial and private aircraft and by
13persons owning, managing, operating or desiring to use,
14inspect or repair any such aircraft or to use any such airport
15for aeronautical purposes.
16    (b) "individual charged with the responsibility of
17grounding aircraft" means a person who is regularly in the
18employ of a public airport in a managerial or operational
19position who has been specifically authorized by the governing
20body of the municipality which owns or operates the public
21airport to exercise the powers conferred by this Act.
22    (c) "roadable aircraft" means any aircraft capable of
23taking off and landing from a suitable airfield which is also

 

 

HB3774- 2 -LRB103 27544 MXP 53919 b

1designed to be driven on public roadways as a conveyance.
2(Source: Laws 1957, p. 1294)
 
3    (620 ILCS 15/7.5 new)
4    Sec. 7.5. Roadable aircraft. All roadable aircraft shall
5be required to take off and land from a suitable airstrip and
6shall be prohibited from taking off and landing from any
7public roadway unless under conditions of an emergency. All
8roadable aircraft shall be considered motor vehicles while in
9operation on the roadways of the State. The operation of
10roadable aircraft shall be subject to restrictions placed upon
11the use of public roadways by rules adopted by the Department
12of Transportation.
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Sections 3-102, 3-412, 3-413, 13-101, and 13C-15 and
15by adding Sections 1-178.5, 3-405.35, and 11-201.5 as follows:
 
16    (625 ILCS 5/1-178.5 new)
17    Sec. 1-178.5. Roadable aircraft. A roadable aircraft is an
18aircraft that has a method of propulsion which allows wheeled
19travel on roads and highways and is manufactured to meet the
20federal safety standards of motorcycles.
 
21    (625 ILCS 5/3-102)  (from Ch. 95 1/2, par. 3-102)
22    Sec. 3-102. Exclusions. No certificate of title need be

 

 

HB3774- 3 -LRB103 27544 MXP 53919 b

1obtained for:
2        1. a vehicle owned by the State of Illinois; or a
3    vehicle owned by the United States unless it is registered
4    in this State;
5        2. a vehicle owned by a manufacturer or dealer and
6    held for sale, even though incidentally moved on the
7    highway or used for purposes of testing or demonstration,
8    provided a dealer reassignment area is still available on
9    the manufacturer's certificate of origin or the Illinois
10    title; or a vehicle used by a manufacturer solely for
11    testing;
12        3. a vehicle owned by a non-resident of this State and
13    not required by law to be registered in this State;
14        4. a motor vehicle regularly engaged in the interstate
15    transportation of persons or property for which a
16    currently effective certificate of title has been issued
17    in another State;
18        5. a vehicle moved solely by animal power;
19        6. an implement of husbandry;
20        7. special mobile equipment;
21        8. an apportionable trailer or an apportionable
22    semitrailer registered in the State prior to April 1,
23    1998;
24        9. a manufactured home for which an affidavit of
25    affixation has been recorded pursuant to the Conveyance
26    and Encumbrance of Manufactured Homes as Real Property and

 

 

HB3774- 4 -LRB103 27544 MXP 53919 b

1    Severance Act unless with respect to the same manufactured
2    home there has been recorded an affidavit of severance
3    pursuant to that Act; or .
4        10. a roadable aircraft as defined in Section 1-777.2.
5(Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
 
6    (625 ILCS 5/3-405.35 new)
7    Sec. 3-405.35. Application for roadable aircraft.
8    (a) Upon receipt of an application for registration of a
9roadable aircraft and payment of applicable fees, the
10Secretary of State shall issue a certificate of registration
11to the owner of a roadable aircraft if the application is
12accompanied by the following:
13        (i) proof of valid and unexpired aircraft registration
14    issued by the Department; and
15        (ii) a copy of an annual aircraft inspection completed
16    within the 12 calendar months immediately preceding the
17    date of application.
18    (b) Roadable aircraft shall be identified using a
19federally issued tail number and shall not be required to
20display an additional license plate or decal. The Secretary of
21State shall issue a motorcycle-sized license plate to each
22roadable aircraft owner with a license plate number matching
23the federally issued tail number but the display of the
24license plate shall be at the discretion of the roadable
25aircraft owner.

 

 

HB3774- 5 -LRB103 27544 MXP 53919 b

1    (c) The expiration date of a certificate issued pursuant
2to this Section shall match the expiration of the aircraft
3registration issued by the Department.
4    (d) The fees for registration of roadable aircraft shall
5be comprised of the following:
6        (1) the fee prescribed by Section 42 of the Illinois
7    Aeronautics Act, payable to the Department under that Act;
8    and
9        (2) for original issuance, $15, which shall be
10    deposited into the Secretary of State Special License
11    Plate Fund; or
12        (3) for each registration renewal period, $2, which
13    shall be deposited into the Secretary of State Special
14    License Plate Fund.
 
15    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
16    Sec. 3-412. Registration plates or digital registration
17plates and registration stickers or digital registration
18stickers to be furnished by the Secretary of State.
19    (a) The Secretary of State upon registering a vehicle
20subject to annual registration for the first time shall issue
21or shall cause to be issued to the owner one registration plate
22or digital registration plate for a motorcycle, trailer,
23semitrailer, moped, autocycle, or truck-tractor, 2
24registration plates, or a digital registration plate and metal
25plate as set forth in Section 3-401.5, for other motor

 

 

HB3774- 6 -LRB103 27544 MXP 53919 b

1vehicles and, where applicable, current registration stickers
2or digital registration stickers for motor vehicles of the
3first division. The provisions of this Section may be made
4applicable to such vehicles of the second division, as the
5Secretary of State may, from time to time, in his discretion
6designate. On subsequent annual registrations during the term
7of the registration plate or digital registration plate as
8provided in Section 3-414.1, the Secretary shall issue or
9cause to be issued registration stickers or digital
10registration stickers as evidence of current registration.
11However, the issuance of annual registration stickers or
12digital registration stickers to vehicles registered under the
13provisions of Sections 3-402.1 and 3-405.3 of this Code may
14not be required if the Secretary deems the issuance
15unnecessary.
16    (b) Every registration plate or digital registration plate
17shall have displayed upon it the registration number assigned
18to the vehicle for which it is issued, the name of this State,
19which may be abbreviated, the year number for which it was
20issued, which may be abbreviated, the phrase "Land of Lincoln"
21(except as otherwise provided in this Code), and such other
22letters or numbers as the Secretary may prescribe. However,
23for apportionment plates issued to vehicles registered under
24Section 3-402.1 and fleet plates issued to vehicles registered
25under Section 3-405.3, the phrase "Land of Lincoln" may be
26omitted to allow for the word "apportioned", the word "fleet",

 

 

HB3774- 7 -LRB103 27544 MXP 53919 b

1or other similar language to be displayed. Registration plates
2or digital registration plates issued to a vehicle registered
3as a fleet vehicle may display a designation determined by the
4Secretary.
5    The Secretary may in his discretion prescribe that letters
6be used as prefixes only on registration plates or digital
7registration plates issued to vehicles of the first division
8which are registered under this Code and only as suffixes on
9registration plates or digital registration plates issued to
10other vehicles. Every registration sticker or digital
11registration sticker issued as evidence of current
12registration shall designate the year number for which it is
13issued and such other letters or numbers as the Secretary may
14prescribe and shall be of a contrasting color with the
15registration plates or digital registration plates and
16registration stickers or digital registration stickers of the
17previous year.
18    (c) Each registration plate or digital registration plate
19and the required letters and numerals thereon, except the year
20number for which issued, shall be of sufficient size to be
21plainly readable from a distance of 100 feet during daylight,
22and shall be coated with reflectorizing material. The
23dimensions of the plate issued to vehicles of the first
24division shall be 6 by 12 inches.
25    (d) The Secretary of State shall issue for every passenger
26motor vehicle rented without a driver the same type of

 

 

HB3774- 8 -LRB103 27544 MXP 53919 b

1registration plates or digital registration plates as the type
2of plates issued for a private passenger vehicle.
3    (e) The Secretary of State shall issue for every passenger
4car used as a taxicab or livery, distinctive registration
5plates or digital registration plates.
6    (f) The Secretary of State shall issue for every
7motorcycle distinctive registration plates or digital
8registration plates distinguishing between motorcycles having
9150 or more cubic centimeters piston displacement, or having
10less than 150 cubic centimeter piston displacement.
11    (g) Registration plates or digital registration plates
12issued to vehicles for-hire may display a designation as
13determined by the Secretary that such vehicles are for-hire.
14    (h) (Blank).
15    (i) The Secretary of State shall issue for every public
16and private ambulance registration plates or digital
17registration plates identifying the vehicle as an ambulance.
18The Secretary shall forward to the Department of Healthcare
19and Family Services registration information for the purpose
20of verification of claims filed with the Department by
21ambulance owners for payment for services to public assistance
22recipients.
23    (j) The Secretary of State shall issue for every public
24and private medical carrier or rescue vehicle livery
25registration plates or digital registration plates displaying
26numbers within ranges of numbers reserved respectively for

 

 

HB3774- 9 -LRB103 27544 MXP 53919 b

1medical carriers and rescue vehicles. The Secretary shall
2forward to the Department of Healthcare and Family Services
3registration information for the purpose of verification of
4claims filed with the Department by owners of medical carriers
5or rescue vehicles for payment for services to public
6assistance recipients.
7    (k) The Secretary of State shall issue distinctive license
8plates or digital registration plates or distinctive license
9plate stickers or digital registration stickers for every
10vehicle exempted from subsections (a) and (a-5) of Section
1112-503 by subsection (g) of that Section, and by subsection
12(g-5) of that Section before its deletion by this amendatory
13Act of the 95th General Assembly. The Secretary shall issue
14these plates or stickers immediately upon receiving the
15physician's certification required under subsection (g) of
16Section 12-503. New plates or stickers shall also be issued
17when the certification is renewed as provided in that
18subsection.
19    (l) The Secretary of State shall issue distinctive
20registration plates or digital registration plates for
21low-speed vehicles.
22    (m) The Secretary of State shall issue distinctive
23registration plates or digital registration plates for
24autocycles. The dimensions of the plate issued to autocycles
25shall be 4 by 7 inches.
26    (n) The Secretary of State shall issue distinctive

 

 

HB3774- 10 -LRB103 27544 MXP 53919 b

1registration plates or digital registration plates for
2roadable aircraft. The dimensions of the plate issued to
3autocycles shall be 4 by 7 inches. The Secretary shall issue
4one annual registration sticker to the owner of a roadable
5aircraft.
6(Source: P.A. 101-395, eff. 8-16-19.)
 
7    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
8    Sec. 3-413. Display of registration plates or digital
9registration plates, registration stickers or digital
10registration stickers, and drive-away permits; registration
11plate or digital registration plate covers.
12    (a) Registration plates or digital registration plates
13issued for a motor vehicle other than a motorcycle, autocycle,
14trailer, semitrailer, truck-tractor, apportioned bus, or
15apportioned truck shall be attached thereto, one in the front
16and one in the rear. The registration plate or digital
17registration plate issued for a motorcycle, autocycle, trailer
18or semitrailer required to be registered hereunder and any
19apportionment plate issued to a bus under the provisions of
20this Code shall be attached to the rear thereof. The
21registration plate or digital registration plate issued for a
22truck-tractor or an apportioned truck required to be
23registered hereunder shall be attached to the front thereof.
24    (b) Except for vehicles with rear loaded motorized
25forklifts, every registration plate or digital registration

 

 

HB3774- 11 -LRB103 27544 MXP 53919 b

1plate shall at all times be securely fastened in a horizontal
2position to the vehicle for which it is issued so as to prevent
3the plate from swinging and at a height of not less than 5
4inches from the ground, measuring from the bottom of such
5plate, in a place and position to be clearly visible and shall
6be maintained in a condition to be clearly legible, free from
7any materials that would obstruct the visibility of the plate.
8A registration plate or digital registration plate on a
9motorcycle may be mounted vertically as long as it is
10otherwise clearly visible. Registration stickers or digital
11registration stickers issued as evidence of renewed annual
12registration shall be attached to registration plates or
13displayed on digital registration plates as required by the
14Secretary of State, and be clearly visible at all times. For
15those vehicles with rear loaded motorized forklifts, if the
16rear plate is securely fastened in a horizontal position as
17prescribed, the plate and registration sticker shall not be
18required to be clearly visible at all times as a result of the
19rear mounted motorized forklift obstructing the view.
20    (b-5) Notwithstanding subsection (b), the display of the
21registration plate for a roadable aircraft is within the
22discretion of the owner of the roadable aircraft. The
23registration sticker for the roadable aircraft shall be
24affixed to the left tail section of the roadable aircraft in a
25visible area.
26    (c) Every drive-away permit issued pursuant to this Code

 

 

HB3774- 12 -LRB103 27544 MXP 53919 b

1shall be firmly attached to the motor vehicle in the manner
2prescribed by the Secretary of State. If a drive-away permit
3is affixed to a motor vehicle in any other manner the permit
4shall be void and of no effect.
5    (d) The Illinois prorate decal issued to a foreign
6registered vehicle part of a fleet prorated or apportioned
7with Illinois, shall be displayed on a registration plate or
8digital registration plate and displayed on the front of such
9vehicle in the same manner as an Illinois registration plate
10or digital registration plate.
11    (e) The registration plate or digital registration plate
12issued for a camper body mounted on a truck displaying
13registration plates or digital registration plates shall be
14attached to the rear of the camper body.
15    (f) No person shall operate a vehicle, nor permit the
16operation of a vehicle, upon which is displayed an Illinois
17registration plate or plates or digital registration plate or
18plates or registration stickers or digital registration
19stickers, except as provided for in subsection (b) of Section
203-701 of this Code, after the termination of the registration
21period for which issued or after the expiration date set
22pursuant to Sections 3-414 and 3-414.1 of this Code.
23    (g) A person may not operate any motor vehicle that is
24equipped with registration plate or digital registration plate
25covers. A violation of this subsection (g) or a similar
26provision of a local ordinance is an offense against laws and

 

 

HB3774- 13 -LRB103 27544 MXP 53919 b

1ordinances regulating the movement of traffic.
2    (h) A person may not sell or offer for sale a registration
3plate or digital registration plate cover. A violation of this
4subsection (h) is a business offense.
5    (i) A person may not advertise for the purpose of
6promoting the sale of registration plate or digital
7registration plate covers. A violation of this subsection (i)
8is a business offense.
9    (j) A person may not modify the original manufacturer's
10mounting location of the rear registration plate or digital
11registration plate on any vehicle so as to conceal the
12registration or to knowingly cause it to be obstructed in an
13effort to hinder a peace officer from obtaining the
14registration for the enforcement of a violation of this Code,
15Section 27.1 of the Toll Highway Act concerning toll evasion,
16or any municipal ordinance. Modifications prohibited by this
17subsection (j) include but are not limited to the use of an
18electronic device. A violation of this subsection (j) is a
19Class A misdemeanor.
20(Source: P.A. 101-395, eff. 8-16-19.)
 
21    (625 ILCS 5/11-201.5 new)
22    Sec. 11-201.5. Roadable aircraft. A roadable aircraft
23shall be considered a motor vehicle while in operation on the
24roadways of this State. The operation of a roadable aircraft
25shall be subject to restrictions placed upon the use of public

 

 

HB3774- 14 -LRB103 27544 MXP 53919 b

1roadways by rules adopted by the Department of Transportation.
 
2    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
3    Sec. 13-101. Submission to safety test; certificate of
4safety. To promote the safety of the general public, every
5owner of a second division vehicle, medical transport vehicle,
6tow truck, first division vehicle including a taxi which is
7used for a purpose that requires a school bus driver permit,
8motor vehicle used for driver education training, or contract
9carrier transporting employees in the course of their
10employment on a highway of this State in a vehicle designed to
11carry 15 or fewer passengers shall, before operating the
12vehicle upon the highways of Illinois, submit it to a "safety
13test" and secure a certificate of safety furnished by the
14Department as set forth in Section 13-109. Each second
15division motor vehicle that pulls or draws a trailer,
16semitrailer or pole trailer, with a gross weight of 10,001 lbs
17or more or is registered for a gross weight of 10,001 lbs or
18more, motor bus, religious organization bus, school bus,
19senior citizen transportation vehicle, and limousine shall be
20subject to inspection by the Department and the Department is
21authorized to establish rules and regulations for the
22implementation of such inspections.
23    The owners of each salvage vehicle shall submit it to a
24"safety test" and secure a certificate of safety furnished by
25the Department prior to its salvage vehicle inspection

 

 

HB3774- 15 -LRB103 27544 MXP 53919 b

1pursuant to Section 3-308 of this Code. In implementing and
2enforcing the provisions of this Section, the Department and
3other authorized State agencies shall do so in a manner that is
4not inconsistent with any applicable federal law or regulation
5so that no federal funding or support is jeopardized by the
6enactment or application of these provisions.
7    However, none of the provisions of Chapter 13 requiring
8safety tests or a certificate of safety shall apply to:
9        (a) farm tractors, machinery and implements, wagons,
10    wagon-trailers or like farm vehicles used primarily in
11    agricultural pursuits;
12        (b) vehicles other than school buses, tow trucks and
13    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 of
19    5,000 pounds or less including vehicle weight and maximum
20    load;
21        (d) recreational vehicles;
22        (e) vehicles registered as and displaying Illinois
23    antique vehicle plates and vehicles registered as
24    expanded-use antique vehicles and displaying expanded-use
25    antique vehicle plates;
26        (f) house trailers equipped and used for living

 

 

HB3774- 16 -LRB103 27544 MXP 53919 b

1    quarters;
2        (g) vehicles registered as and displaying Illinois
3    permanently mounted equipment plates or similar vehicles
4    eligible therefor but registered as governmental vehicles
5    provided that if said vehicle is reclassified from a
6    permanently mounted equipment plate so as to lose the
7    exemption of not requiring a certificate of safety, such
8    vehicle must be safety tested within 30 days of the
9    reclassification;
10        (h) vehicles owned or operated by a manufacturer,
11    dealer or transporter displaying a special plate or plates
12    as described in Chapter 3 of this Code while such vehicle
13    is being delivered from the manufacturing or assembly
14    plant directly to the purchasing dealership or
15    distributor, or being temporarily road driven for quality
16    control testing, or from one dealer or distributor to
17    another, or are being moved by the most direct route from
18    one location to another for the purpose of installing
19    special bodies or equipment, or driven for purposes of
20    demonstration by a prospective buyer with the dealer or
21    his agent present in the cab of the vehicle during the
22    demonstration;
23        (i) pole trailers and auxiliary axles;
24        (j) special mobile equipment;
25        (k) vehicles properly registered in another State
26    pursuant to law and displaying a valid registration plate

 

 

HB3774- 17 -LRB103 27544 MXP 53919 b

1    or digital registration plate, except vehicles of contract
2    carriers transporting employees in the course of their
3    employment on a highway of this State in a vehicle
4    designed to carry 15 or fewer passengers are only exempted
5    to the extent that the safety testing requirements
6    applicable to such vehicles in the state of registration
7    are no less stringent than the safety testing requirements
8    applicable to contract carriers that are lawfully
9    registered in Illinois;
10        (l) water-well boring apparatuses or rigs;
11        (m) any vehicle which is owned and operated by the
12    federal government and externally displays evidence of
13    such ownership; and
14        (n) second division vehicles registered for a gross
15    weight of 10,000 pounds or less, except when such second
16    division motor vehicles pull or draw a trailer,
17    semi-trailer or pole trailer having a gross weight of or
18    registered for a gross weight of more than 10,000 pounds;
19    motor buses; religious organization buses; school buses;
20    senior citizen transportation vehicles; medical transport
21    vehicles; tow trucks; and any property carrying vehicles
22    being operated in commerce that are registered for a gross
23    weight of more than 8,000 lbs but less than 10,001 lbs;
24    and .
25        (o) roadable aircraft.
26    The safety test shall include the testing and inspection

 

 

HB3774- 18 -LRB103 27544 MXP 53919 b

1of brakes, lights, horns, reflectors, rear vision mirrors,
2mufflers, safety chains, windshields and windshield wipers,
3warning flags and flares, frame, axle, cab and body, or cab or
4body, wheels, steering apparatus, and other safety devices and
5appliances required by this Code and such other safety tests
6as the Department may by rule or regulation require, for
7second division vehicles, school buses, medical transport
8vehicles, tow trucks, first division vehicles including taxis
9which are used for a purpose that requires a school bus driver
10permit, motor vehicles used for driver education training,
11vehicles designed to carry 15 or fewer passengers operated by
12a contract carrier transporting employees in the course of
13their employment on a highway of this State, trailers, and
14semitrailers subject to inspection.
15    For tow trucks, the safety test and inspection shall also
16include the inspection of winch mountings, body panels, body
17mounts, wheel lift swivel points, and sling straps, and other
18tests and inspections the Department by rule requires for tow
19trucks.
20    For driver education vehicles used by public high schools,
21the vehicle must also be equipped with dual control brakes, a
22mirror on each side of the vehicle so located as to reflect to
23the driver a view of the highway for a distance of at least 200
24feet to the rear, and a sign visible from the front and the
25rear identifying the vehicle as a driver education car.
26    For trucks, truck tractors, trailers, semi-trailers,

 

 

HB3774- 19 -LRB103 27544 MXP 53919 b

1buses, and first division vehicles including taxis which are
2used for a purpose that requires a school bus driver permit,
3the safety test shall be conducted in accordance with the
4Minimum Periodic Inspection Standards promulgated by the
5Federal Highway Administration of the U.S. Department of
6Transportation and contained in Appendix G to Subchapter B of
7Chapter III of Title 49 of the Code of Federal Regulations.
8Those standards, as now in effect, are made a part of this
9Code, in the same manner as though they were set out in full in
10this Code.
11    The passing of the safety test shall not be a bar at any
12time to prosecution for operating a second division vehicle,
13medical transport vehicle, motor vehicle used for driver
14education training, or vehicle designed to carry 15 or fewer
15passengers operated by a contract carrier as provided in this
16Section that is unsafe, as determined by the standards
17prescribed in this Code.
18(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
 
19    (625 ILCS 5/13C-15)
20    Sec. 13C-15. Inspections.
21    (a) Computer-Matched Inspections and Notification.
22        (1) The provisions of this subsection (a) are
23    operative until the implementation of the registration
24    denial inspection and notification mechanisms required by
25    subsection (b). Beginning with the implementation of the

 

 

HB3774- 20 -LRB103 27544 MXP 53919 b

1    program required by this Chapter, every motor vehicle that
2    is owned by a resident of an affected county, other than a
3    vehicle that is exempt under paragraph (a)(6) or (a)(7),
4    is subject to inspection under the program.
5        The Agency shall send notice of the assigned
6    inspection month, at least 15 days before the beginning of
7    the assigned month, to the owner of each vehicle subject
8    to the program. An initial emission inspection sticker or
9    initial inspection certificate, as the case may be,
10    expires on the last day of the third month following the
11    month assigned by the Agency for the first inspection of
12    the vehicle. A renewal inspection sticker or certificate
13    expires on the last day of the third month following the
14    month assigned for inspection in the year in which the
15    vehicle's next inspection is required.
16        The Agency or its agent may issue an interim emission
17    inspection sticker or certificate for any vehicle subject
18    to inspection that does not have a currently valid
19    emission inspection sticker or certificate at the time the
20    Agency is notified by the Secretary of State of its
21    registration by a new owner, and for which an initial
22    emission inspection sticker or certificate has already
23    been issued. An interim emission inspection sticker or
24    certificate expires no later than the last day of the
25    sixth complete calendar month after the date the Agency
26    issued the interim emission inspection sticker or

 

 

HB3774- 21 -LRB103 27544 MXP 53919 b

1    certificate.
2        The owner of each vehicle subject to inspection shall
3    obtain an emission inspection sticker or certificate for
4    the vehicle in accordance with this paragraph (1). Before
5    the expiration of the emission inspection sticker or
6    certificate, the owner shall have the vehicle inspected
7    and, upon demonstration of compliance, obtain a renewal
8    emission inspection sticker or certificate. A renewal
9    emission inspection sticker or certificate shall not be
10    issued more than 5 months before the expiration date of
11    the previous inspection sticker or certificate.
12        (2) Except as provided in paragraph (a)(3), vehicles
13    shall be inspected every 2 years on a schedule that begins
14    either in the second, fourth, or later calendar year after
15    the vehicle model year. The beginning test schedule shall
16    be set by the Agency and shall be consistent with the
17    State's requirements for emission reductions as determined
18    by the applicable United States Environmental Protection
19    Agency vehicle emissions estimation model and applicable
20    guidance and rules.
21        (3) A vehicle may be inspected at a time outside of its
22    normal 2-year inspection schedule, if (i) the vehicle was
23    acquired by a new owner and (ii) the vehicle was required
24    to be in compliance with this Act at the time the vehicle
25    was acquired by the new owner, but it was not then in
26    compliance.

 

 

HB3774- 22 -LRB103 27544 MXP 53919 b

1        (4) The owner of a vehicle subject to inspection shall
2    have the vehicle inspected and shall obtain and display on
3    the vehicle or carry within the vehicle, in a manner
4    specified by the Agency, a valid unexpired emission
5    inspection sticker or certificate in the manner specified
6    by the Agency. A person who violates this paragraph (4) is
7    guilty of a petty offense, except that a third or
8    subsequent violation within one year of the first
9    violation is a Class C misdemeanor. The fine imposed for a
10    violation of this paragraph (4) shall be not less than $50
11    if the violation occurred within 60 days following the
12    date by which a new or renewal emission inspection sticker
13    or certificate was required to be obtained for the
14    vehicle, and not less than $300 if the violation occurred
15    more than 60 days after that date.
16        (5) For a $20 fee, to be paid into the Vehicle
17    Inspection Fund, the Agency may inspect:
18            (A) A vehicle registered in and subject to the
19        emission inspections requirements of another state.
20            (B) A vehicle presented for inspection on a
21        voluntary basis.
22        Any fees collected under this paragraph (5) shall not
23    offset Motor Fuel Tax Funds normally appropriated for the
24    program.
25        (6) The following vehicles are not subject to
26    inspection:

 

 

HB3774- 23 -LRB103 27544 MXP 53919 b

1            (A) Vehicles not subject to registration under
2        Article IV of Chapter 3 of this Code, other than
3        vehicles owned by the federal government.
4            (B) Motorcycles, motor driven cycles, and
5        motorized pedalcycles.
6            (C) Farm vehicles and implements of husbandry.
7            (D) Implements of warfare owned by the State or
8        federal government.
9            (E) Antique vehicles, expanded-use antique
10        vehicles, custom vehicles, street rods, and vehicles
11        of model year 1967 or before.
12            (F) Vehicles operated exclusively for parade or
13        ceremonial purposes by any veterans, fraternal, or
14        civic organization, organized on a not-for-profit
15        basis.
16            (G) Vehicles for which the Secretary of State,
17        under Section 3-117 of this Code, has issued a Junking
18        Certificate.
19            (H) Diesel powered vehicles and vehicles that are
20        powered exclusively by electricity.
21            (I) Vehicles operated exclusively in organized
22        amateur or professional sporting activities, as
23        defined in Section 3.310 of the Environmental
24        Protection Act.
25            (J) Vehicles registered in, subject to, and in
26        compliance with the emission inspection requirements

 

 

HB3774- 24 -LRB103 27544 MXP 53919 b

1        of another state.
2            (K) Vehicles participating in an OBD continuous
3        monitoring program operated in accordance with
4        procedures adopted by the Agency.
5            (L) Vehicles of model year 1995 or earlier that do
6        not have an expired emissions test sticker or
7        certificate on February 1, 2007.
8            (M) Roadable aircraft.
9        The Agency may issue temporary or permanent exemption
10    stickers or certificates for vehicles temporarily or
11    permanently exempt from inspection under this paragraph
12    (6). An exemption sticker or certificate does not need to
13    be displayed.
14        (7) According to criteria that the Agency may adopt, a
15    motor vehicle may be exempted from the inspection
16    requirements of this Section by the Agency on the basis of
17    an Agency determination that the vehicle is located and
18    primarily used outside of the affected counties or in
19    other jurisdictions where vehicle emission inspections are
20    not required. The Agency may issue an annual exemption
21    sticker or certificate without inspection for any vehicle
22    exempted from inspection under this paragraph (7).
23        (8) Any owner or lessee of a fleet of 15 or more motor
24    vehicles that are subject to inspection under this Section
25    may apply to the Agency for a permit to establish and
26    operate a private official inspection station in

 

 

HB3774- 25 -LRB103 27544 MXP 53919 b

1    accordance with rules adopted by the Agency.
2        (9) Pursuant to Title 40, Section 51.371 of the Code
3    of Federal Regulations, the Agency may establish a program
4    of on-road testing of in-use vehicles through the use of
5    remote sensing devices. In any such program, the Agency
6    shall evaluate the emission performance of 0.5% of the
7    subject fleet or 20,000 vehicles, whichever is less. Under
8    no circumstances shall on-road testing include any sort of
9    roadblock or roadside pullover or cause any type of
10    traffic delay. If, during the course of an on-road
11    inspection, a vehicle is found to exceed the on-road
12    emissions standards established for the model year and
13    type of vehicle, the Agency shall send a notice to the
14    vehicle owner. The notice shall document the occurrence
15    and the results of the on-road exceedance. The notice of a
16    second on-road exceedance shall indicate that the vehicle
17    has been reassigned and is subject to an out-of-cycle
18    follow-up inspection at an official inspection station. In
19    no case shall the Agency send a notice of an on-road
20    exceedance to the owner of a vehicle that was found to
21    exceed the on-road emission standards established for the
22    model year and type of vehicle, if the vehicle is
23    registered outside of the affected counties.
24    (b) Registration Denial Inspection and Notification.
25        (1) No later than January 1, 2008, every motor vehicle
26    that is owned by a resident of an affected county, other

 

 

HB3774- 26 -LRB103 27544 MXP 53919 b

1    than a vehicle that is exempt under paragraph (b)(8) or
2    (b)(9), is subject to inspection under the program.
3        The owner of a vehicle subject to inspection shall
4    have the vehicle inspected and obtain proof of compliance
5    from the Agency in order to obtain or renew a vehicle
6    registration for a subject vehicle.
7        The Secretary of State shall notify the owner of a
8    vehicle subject to inspection of the requirement to have
9    the vehicle tested at least 30 days prior to the beginning
10    of the month in which the vehicle's registration is due to
11    expire. Notwithstanding the preceding, vehicles with
12    permanent registration plates shall be notified at least
13    30 days prior to the month corresponding to the date the
14    vehicle was originally registered. This notification shall
15    clearly state the vehicle's test status, based upon the
16    vehicle type, model year and registration address.
17        The owner of each vehicle subject to inspection shall
18    have the vehicle inspected and, upon demonstration of
19    compliance, obtain an emissions compliance certificate for
20    the vehicle.
21        (2) Except as provided in paragraphs (b)(3), (b)(4),
22    and (b)(5), vehicles shall be inspected every 2 years on a
23    schedule that begins in the fourth calendar year after the
24    vehicle model year. Even model year vehicles shall be
25    inspected and comply in order to renew registrations
26    expiring in even calendar years and odd model year

 

 

HB3774- 27 -LRB103 27544 MXP 53919 b

1    vehicles shall be inspected and comply in order to renew
2    registrations expiring in odd calendar years.
3        (3) A vehicle shall be inspected and comply at a time
4    outside of its normal 2-year inspection schedule if (i)
5    the vehicle was acquired by a new owner and (ii) the
6    vehicle had not been issued a Compliance Certificate
7    within one year of the date of application for the title or
8    registration, or both, for the vehicle.
9        (4) Vehicles with 2-year registrations shall be
10    inspected every 2 years at the time of registration
11    issuance or renewal on a schedule that begins in the
12    fourth year after the vehicle model year.
13        (5) Vehicles with permanent vehicle registration
14    plates shall be inspected every 2 years on a schedule that
15    begins in the fourth calendar year after the vehicle model
16    year in the month corresponding to the date the vehicle
17    was originally registered. Even model year vehicles shall
18    be inspected and comply in even calendar years, and odd
19    model year vehicles shall be inspected and comply in odd
20    calendar years.
21        (6) The Agency and the Secretary of State shall
22    endeavor to ensure a smooth transition from test
23    scheduling from the provisions of subsection (a) to
24    subsection (b). Passing tests and waivers issued prior to
25    the implementation of this subsection (b) may be utilized
26    to establish compliance for a period of one year from the

 

 

HB3774- 28 -LRB103 27544 MXP 53919 b

1    date of the emissions or waiver inspection.
2        (7) For a $20 fee, to be paid into the Vehicle
3    Inspection Fund, the Agency may inspect:
4            (A) A vehicle registered in and subject to the
5        emissions inspections requirements of another state.
6            (B) A vehicle presented for inspection on a
7        voluntary basis.
8        Any fees collected under this paragraph (7) shall not
9    offset Motor Fuel Tax Funds normally appropriated for the
10    program.
11        (8) The following vehicles are not subject to
12    inspection:
13            (A) Vehicles not subject to registration under
14        Article IV of Chapter 3 of this Code, other than
15        vehicles owned by the federal government.
16            (B) Motorcycles, motor driven cycles, and
17        motorized pedalcycles.
18            (C) Farm vehicles and implements of husbandry.
19            (D) Implements of warfare owned by the State or
20        federal government.
21            (E) Antique vehicles, expanded-use antique
22        vehicles, custom vehicles, street rods, and vehicles
23        of model year 1967 or before.
24            (F) Vehicles operated exclusively for parade or
25        ceremonial purposes by any veterans, fraternal, or
26        civic organization, organized on a not-for-profit

 

 

HB3774- 29 -LRB103 27544 MXP 53919 b

1        basis.
2            (G) Vehicles for which the Secretary of State,
3        under Section 3-117 of this Code, has issued a Junking
4        Certificate.
5            (H) Diesel powered vehicles and vehicles that are
6        powered exclusively by electricity.
7            (I) Vehicles operated exclusively in organized
8        amateur or professional sporting activities, as
9        defined in Section 3.310 of the Environmental
10        Protection Act.
11            (J) Vehicles registered in, subject to, and in
12        compliance with the emission inspection requirements
13        of another state.
14            (K) Vehicles participating in an OBD continuous
15        monitoring program operated in accordance with
16        procedures adopted by the Agency.
17            (L) Vehicles of model year 1995 or earlier that do
18        not have an expired emissions test sticker or
19        certificate on February 1, 2007.
20            (M) Vehicles of model year 2006 or earlier with a
21        manufacturer gross vehicle weight rating between 8,501
22        and 14,000 pounds.
23            (N) Vehicles with a manufacturer gross vehicle
24        weight rating greater than 14,000 pounds.
25            (O) Roadable aircraft.
26        The Agency may issue temporary or permanent exemption

 

 

HB3774- 30 -LRB103 27544 MXP 53919 b

1    certificates for vehicles temporarily or permanently
2    exempt from inspection under this paragraph (8). An
3    exemption sticker or certificate does not need to be
4    displayed.
5        (9) According to criteria that the Agency may adopt, a
6    motor vehicle may be exempted from the inspection
7    requirements of this Section by the Agency on the basis of
8    an Agency determination that the vehicle is located and
9    primarily used outside of the affected counties and in
10    other jurisdictions where vehicle emissions inspections
11    are not required. The Agency may issue an annual exemption
12    certificate without inspection for any vehicle exempted
13    from inspection under this paragraph (9).
14        (10) Any owner or lessee of a fleet of 15 or more motor
15    vehicles that are subject to inspection under this Section
16    may apply to the Agency for a permit to establish and
17    operate a private official inspection station in
18    accordance with rules adopted by the Agency.
19        (11) Pursuant to Title 40, Section 51.371 of the Code
20    of Federal Regulations, the Agency may establish a program
21    of on-road testing of in-use vehicles through the use of
22    remote sensing devices. In any such program, the Agency
23    shall evaluate the emission performance of 0.5% of the
24    subject fleet or 20,000 vehicles, whichever is less. Under
25    no circumstances shall on-road testing include any sort of
26    roadblock or roadside pullover or cause any type of

 

 

HB3774- 31 -LRB103 27544 MXP 53919 b

1    traffic delay. If, during the course of an on-road
2    inspection, a vehicle is found to exceed the on-road
3    emissions standards established for the model year and
4    type of vehicle, the Agency shall send a notice to the
5    vehicle owner. The notice shall document the occurrence
6    and the results of the on-road exceedance. The notice of a
7    second on-road exceedance shall indicate that the vehicle
8    has been reassigned and is subject to an out-of-cycle
9    follow-up inspection at an official inspection station. In
10    no case shall the Agency send a notice of an on-road
11    exceedance to the owner of a vehicle that was found to
12    exceed the on-road emissions standards established for the
13    model year and type of vehicle, if the vehicle is
14    registered outside of the affected counties.
15(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12;
1697-813, eff. 7-13-12.)