SB0273 EnrolledLRB103 26218 HEP 52577 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 Illinois Vehicle Code is amended by
5changing Sections 13-101, 13-103, 13-103.1, 13-103.3, 13-106,
613-107, 13-108, 13-109, and 13-110 and by adding Sections
713-103.4 and 13-105.2 as follows:
 
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
17carry 15 or fewer passengers shall, before operating the
18vehicle upon the highways of Illinois, submit it to a "safety
19test" and secure a certificate of safety furnished by the
20Department as set forth in Section 13-109. Each second
21division motor vehicle that pulls or draws a trailer,
22semitrailer or pole trailer, with a gross weight of 10,001 lbs
23or more or is registered for a gross weight of 10,001 lbs or

 

 

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1more, motor bus, religious organization bus, school bus,
2senior citizen transportation vehicle, and limousine shall be
3subject to inspection by the Department and the Department is
4authorized to establish rules and regulations for the
5implementation of such inspections.
6    The owners of each salvage vehicle shall submit it to a
7"safety test" and secure a certificate of safety furnished by
8the Department prior to its salvage vehicle inspection
9pursuant to Section 3-308 of this Code. In implementing and
10enforcing the provisions of this Section, the Department and
11other authorized State agencies shall do so in a manner that is
12not inconsistent with any applicable federal law or regulation
13so that no federal funding or support is jeopardized by the
14enactment or application of these provisions.
15    However, none of the provisions of Chapter 13 requiring
16safety tests or a certificate of safety shall apply to:
17        (a) farm tractors, machinery and implements, wagons,
18    wagon-trailers or like farm vehicles used primarily in
19    agricultural pursuits;
20        (b) vehicles other than school buses, tow trucks and
21    medical transport vehicles owned or operated by a
22    municipal corporation or political subdivision having a
23    population of 1,000,000 or more inhabitants and which are
24    subject to safety tests imposed by local ordinance or
25    resolution;
26        (c) a semitrailer or trailer having a gross weight of

 

 

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1    5,000 pounds or less including vehicle weight and maximum
2    load;
3        (d) recreational vehicles;
4        (e) vehicles registered as and displaying Illinois
5    antique vehicle plates and vehicles registered as
6    expanded-use antique vehicles and displaying expanded-use
7    antique vehicle plates;
8        (f) house trailers equipped and used for living
9    quarters;
10        (g) vehicles registered as and displaying Illinois
11    permanently mounted equipment plates or similar vehicles
12    eligible therefor but registered as governmental vehicles
13    provided that if said vehicle is reclassified from a
14    permanently mounted equipment plate so as to lose the
15    exemption of not requiring a certificate of safety, such
16    vehicle must be safety tested within 30 days of the
17    reclassification;
18        (h) vehicles owned or operated by a manufacturer,
19    dealer or transporter displaying a special plate or plates
20    as described in Chapter 3 of this Code while such vehicle
21    is being delivered from the manufacturing or assembly
22    plant directly to the purchasing dealership or
23    distributor, or being temporarily road driven for quality
24    control testing, or from one dealer or distributor to
25    another, or are being moved by the most direct route from
26    one location to another for the purpose of installing

 

 

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1    special bodies or equipment, or driven for purposes of
2    demonstration by a prospective buyer with the dealer or
3    his agent present in the cab of the vehicle during the
4    demonstration;
5        (i) pole trailers and auxiliary axles;
6        (j) special mobile equipment;
7        (k) vehicles properly registered in another State
8    pursuant to law and displaying a valid registration plate
9    or digital registration plate, except vehicles of contract
10    carriers transporting employees in the course of their
11    employment on a highway of this State in a vehicle
12    designed to carry 15 or fewer passengers are only exempted
13    to the extent that the safety testing requirements
14    applicable to such vehicles in the state of registration
15    are no less stringent than the safety testing requirements
16    applicable to contract carriers that are lawfully
17    registered in Illinois;
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 10,000 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 10,000 pounds;

 

 

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1    motor buses; religious organization buses; school buses;
2    senior citizen transportation vehicles; medical transport
3    vehicles; tow trucks; and any property carrying vehicles
4    being operated in commerce that are registered for a gross
5    weight of more than 8,000 lbs but less than 10,001 lbs.
6    The safety test shall include the testing and inspection
7of brakes, lights, horns, reflectors, rear vision mirrors,
8mufflers, safety chains, windshields and windshield wipers,
9warning flags and flares, frame, axle, cab and body, or cab or
10body, wheels, steering apparatus, and other safety devices and
11appliances required by this Code and such other safety tests
12as the Department may by rule or regulation require, for
13second division vehicles, school buses, medical transport
14vehicles, tow trucks, first division vehicles including taxis
15which are used for a purpose that requires a school bus driver
16permit, motor vehicles used for driver education training,
17vehicles designed to carry 15 or fewer passengers operated by
18a contract carrier transporting employees in the course of
19their employment on a highway of this State, trailers, and
20semitrailers subject to inspection.
21    For tow trucks, the safety test and inspection shall also
22include the inspection of winch mountings, body panels, body
23mounts, wheel lift swivel points, and sling straps, and other
24tests and inspections the Department by rule requires for tow
25trucks.
26    For driver education vehicles used by public high schools,

 

 

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1the vehicle must also be equipped with dual control brakes, a
2mirror on each side of the vehicle so located as to reflect to
3the driver a view of the highway for a distance of at least 200
4feet to the rear, and a sign visible from the front and the
5rear identifying the vehicle as a driver education car.
6    For trucks, truck tractors, trailers, semi-trailers, buses
7engaged in interstate commerce as defined Section 1-133 of
8this Code, and first division vehicles including taxis which
9are used for a purpose that requires a school bus driver
10permit, the safety test shall be conducted in accordance with
11the Minimum Periodic Inspection Standards promulgated by the
12Federal Highway Administration of the U.S. Department of
13Transportation and contained in Appendix G to Subchapter B of
14Chapter III of Title 49 of the Code of Federal Regulations.
15Those standards, as now in effect, are made a part of this
16Code, in the same manner as though they were set out in full in
17this Code.
18    The passing of the safety test shall not be a bar at any
19time to prosecution for operating a second division vehicle,
20medical transport vehicle, motor vehicle used for driver
21education training, or vehicle designed to carry 15 or fewer
22passengers operated by a contract carrier as provided in this
23Section that is unsafe, as determined by the standards
24prescribed in this Code.
25(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
 

 

 

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1    (625 ILCS 5/13-103)  (from Ch. 95 1/2, par. 13-103)
2    Sec. 13-103. Official testing stations - Fee - Permit -
3Bond. Upon the payment of a fee of $50 $10 and the filing of an
4application by the proprietor of a company or municipality any
5vehicle service station or public or private garage upon forms
6furnished by the Department, accompanied by proof of
7experience, training and ability of the operator of the
8testing equipment, together with proof of installation of
9approved testing equipment as defined in Section 13-102 and
10the giving of a bond conditioned upon faithful observance of
11this Section and of rules and regulations issued by the
12Department in the amount of $10,000 $1,000 with security
13approved by the Department, the Department shall issue a
14permit to the proprietor of such company or municipality
15vehicle service station or garage to operate an Official
16Testing Station. Such permit shall expire 12 months following
17its issuance, but may be renewed annually by complying with
18the requirements set forth in this Section and upon the
19payment of a renewal fee of $50 $10. Proprietors of official
20testing stations for which permits have been issued prior to
21the effective date of this Act may renew such permits for the
22renewal fee of $50 $10 on the expiration of each 12 months
23following issuance of such permits, by complying with the
24requirements set forth in this Section. However, any city,
25village or incorporated town shall upon application to the
26Department and without payment of any fee or filing of any

 

 

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1bond, but upon proof of experience, training and ability of
2the operator of the testing equipment, and proof of the
3installation of approved testing equipment as defined in
4Section 13-102, be issued a permit to operate such testing
5station as an Official Testing Station under this Act. The
6permit so issued shall at all times be displayed in a prominent
7place in the official vehicle service station, garage or
8municipal testing station which is licensed as an Official
9Testing Station under this Act. No person or company vehicle
10service station, garage or municipality municipal testing
11station shall in any manner claim or represent himself or
12itself to be an official testing station unless a permit has
13been issued to him or it as provided in this Section.
14    Any person or municipality who or which has received a
15permit under this Section may test his or its own second
16division vehicles and issue certificates of safety and conduct
17emission inspections of his or its own second division
18vehicles in accordance with the requirements of Section
1913-109.1 with respect to any such second division vehicles
20owned, operated or controlled by him or it.
21    Each such permit issued by the Department shall state on
22its face the location of the official testing station to be
23operated under the permit and safety tests shall be made only
24at such location. However, the Department may, upon
25application, authorize a change in the location of the
26official testing station and the removal of the testing

 

 

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1equipment to the new location. Upon approval of such
2application, the Department shall issue an endorsement which
3the applicant shall affix to his permit. Such endorsement
4constitutes authority for the applicant to make such change in
5location and to remove his testing equipment at the times and
6to the places stated in the endorsement.
7(Source: P.A. 91-254, eff. 7-1-00.)
 
8    (625 ILCS 5/13-103.1)  (from Ch. 95 1/2, par. 13-103.1)
9    Sec. 13-103.1. Annual certification of certified safety
10testers and certified diesel emission testers - Fee - Renewal.
11Only certified safety testers are authorized to perform safety
12tests and affix Certificates of Safety to vehicles. The
13Department shall annually certify those certified safety
14testers and certified diesel emission testers who have met its
15requirements. Certified safety Safety testers' and certified
16diesel emission testers' certificates shall expire 12 months
17following the date of issue, but may be renewed annually by
18complying with the requirements as established by the
19Department.
20(Source: P.A. 80-606.)
 
21    (625 ILCS 5/13-103.3)
22    Sec. 13-103.3. Official portable emissions testing
23company; fee; permit; bond. Upon the payment of a fee of $50
24$10 and the filing of an application by the proprietor of any

 

 

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1vehicle service company upon forms furnished by the
2Department, accompanied by proof of experience, training, and
3ability of the operator of the testing equipment, together
4with proof of approved testing equipment as defined in Section
513-102 and the giving of a bond conditioned upon faithful
6observance of this Section and of rules adopted by the
7Department in the amount of $10,000 $1,000 with security
8approved by the Department, the Department shall issue a
9permit to the proprietor of the vehicle service company to
10operate an official portable emissions testing company. An
11official portable emissions testing company shall only conduct
12portable emissions inspections for diesel fleets with 5 or
13more diesel vehicles required to be inspected under subsection
14(a) of Section 13-109.1, and only at the fleet owner's place of
15business. A permit issued under this Section shall expire 12
16months following its issuance, but may be renewed annually by
17complying with this Section and upon the payment of a renewal
18fee of $50 $10. No person or vehicle service company shall
19operate as an official portable emissions testing company
20without having been issued a permit as provided in this
21Section.
22    A permittee under this Section may test second division
23vehicles owned, operated, or controlled by the permittee to
24conduct emission inspections of such vehicles in accordance
25with Section 13-109.1. A permittee under this Section may
26conduct interstate inspections on interstate carriers in

 

 

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1accordance with 49 CFR Part 396.
2    Each permit issued by the Department shall state on its
3face the location of the recordkeeping office of the
4proprietor of the official portable emissions testing company.
5However, the Department, upon application, may authorize a
6change in the location of the recordkeeping office. Upon the
7approval of such an application, the Department shall issue an
8endorsement to be fixed by the applicant to the permit. Such an
9endorsement constitutes authority for the applicant to make
10the change in location.
11(Source: P.A. 102-566, eff. 1-1-22.)
 
12    (625 ILCS 5/13-103.4 new)
13    Sec. 13-103.4. Official mobile safety testing company;
14fee; permit; bond. Upon the payment of a fee of $50 and the
15filing of an application by the proprietor of a company or
16municipality seeking to perform mobile safety inspections upon
17forms furnished by the Department, accompanied by proof of
18experience, training, and ability of the operator of the
19testing equipment, together with proof of approved testing
20equipment as defined in Section 13-102 and the giving of a bond
21conditioned upon faithful observance of this Section and rules
22adopted by the Department in the amount of $10,000 with
23security approved by the Department, the Department shall
24issue a permit to the proprietor to operate an official mobile
25safety testing company. An official mobile safety testing

 

 

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1company must maintain a physical office in this State. The
2permit shall expire 12 months following its issuance, but may
3be renewed annually by complying with the requirements set
4forth in this Section and upon the payment of a renewal fee of
5$50. The permit so issued shall at all times be displayed in a
6prominent place in the official mobile safety testing vehicle
7as well as at the required physical office of the testing
8company. No person or official mobile safety testing company
9shall in any manner claim or represent himself, herself, or
10itself to be an official mobile safety testing company unless
11a permit has been issued to the person or company as provided
12in this Section.
13    Any person or municipality that has received a permit
14under this Section may test the second division vehicles owned
15by the person or municipality and issue certificates of safety
16vehicles owned by the person or municipality in accordance
17with the requirements of Section 13-109.1 with respect to any
18such vehicles owned, operated, or controlled by the person or
19municipality.
20    Each such permit issued by the Department shall state on
21its face the location of the physical office of the official
22mobile safety testing company. The physical office shall be
23the location in which all records are stored and retained.
24Official mobile safety testing companies shall only perform
25safety tests of vehicles at the vehicle owner's place of
26business with a 48-hour advance notice to the Department. The

 

 

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1Department may, upon application, authorize a change in the
2location of the physical office to a new location. Upon the
3approval of such an application, the Department shall issue an
4endorsement, which the applicant shall affix to his or her
5permit. Such an endorsement constitutes authority for the
6applicant to operate.
7    As used in this Section, "official mobile safety testing
8company" means a safety testing company permitted to test
9trucks, truck tractors, trailers, semi-trailers, and buses
10engaged in interstate commerce as defined Section 1-133 of
11this Code. The safety test shall be conducted in accordance
12with the Minimum Periodic Inspection Standards promulgated by
13the Federal Highway Administration of the United States
14Department of Transportation and contained in Appendix G to
15Subchapter B of Chapter III of Title 49 of the Code of Federal
16Regulations.
17    The Department shall adopt rules to implement this
18Section.
 
19    (625 ILCS 5/13-105.2 new)
20    Sec. 13-105.2. Inspection of official mobile safety
21testing companies. Employees specifically authorized by the
22Department to conduct inspections shall inspect all official
23mobile safety testing companies at frequent intervals. Such
24employees shall have access to all records relating to tests
25and work done or parts sold as a result of such tests, to

 

 

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1ascertain whether the tests are properly, fairly, and honestly
2made, and may examine the owner of the official mobile safety
3testing company or any officer or employee thereof under oath.
 
4    (625 ILCS 5/13-106)  (from Ch. 95 1/2, par. 13-106)
5    Sec. 13-106. Rates and charges by official testing
6stations, official mobile testing companies, and official
7portable emissions testing companies; schedule to be filed.
8Every operator of an official testing station or official
9portable emissions testing company shall file with the
10Department, in the manner prescribed by the Department, a
11schedule of all rates and charges made by him for performing
12the tests provided for in Section 13-101 and Section 13-109.1.
13Such rate or charge shall include an amount to reimburse the
14operator of the official testing station or official portable
15emissions testing company for the purchase from the Department
16of the certificate of safety required by this chapter, not to
17exceed that fee paid to the Department by the operator
18authorized by this chapter. Such rates and charges shall be
19just and reasonable and the Department upon its own initiative
20or upon complaint of any person or corporation may require the
21testing station operator to appear for a hearing and prove
22that the rates so filed are just and reasonable. A "just and
23reasonable" rate or charge, for the purposes of this Section,
24means a rate or charge which is the same, or nearly the same,
25as the prevailing rate or charge for the same or similar tests

 

 

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1made in the community where the station is located. No
2operator may change this schedule of rates and charges until
3the proposed changes are filed with and approved by the
4Department. No license may be issued to any official testing
5station or official portable emissions testing company unless
6the applicant has filed with the Department a proposed
7schedule of rates and charges and unless such rates and
8charges have been approved by the Department. No operator of
9an official testing station or official portable emissions
10testing company shall charge more or less than the rates so
11filed with and approved by the Department.
12(Source: P.A. 102-566, eff. 1-1-22.)
 
13    (625 ILCS 5/13-107)  (from Ch. 95 1/2, par. 13-107)
14    Sec. 13-107. Investigation of complaints against official
15testing stations, official mobile testing companies, and
16official portable emissions testing companies. The Department
17shall, upon its own motion, or upon charges made in writing
18verified under oath, investigate complaints that an official
19testing station or official portable emissions testing company
20is willfully falsifying records or tests, either for the
21purpose of selling parts or services not actually required, or
22for the purpose of issuing a certificate of safety for a
23vehicle designed to carry 15 or fewer passengers operated by a
24contract carrier transporting employees in the course of their
25employment on a highway of this State, second division

 

 

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1vehicle, or medical transport vehicle that is not in safe
2mechanical condition as determined by the standards of this
3Chapter in violation of the provisions of this Chapter or of
4the rules and regulations issued by the Department.
5    The Secretary of Transportation, for the purpose of more
6effectively carrying out the provisions of Chapter 13, may
7appoint such a number of inspectors as he may deem necessary.
8Such inspectors shall inspect and investigate applicants for
9official testing station or official portable emissions
10testing company permits and investigate and report violations.
11With respect to enforcement of the provisions of this Chapter
1213, such inspectors shall have and may exercise throughout the
13State all the powers of police officers.
14    The Secretary must authorize to each inspector and to any
15other employee of the Department exercising the powers of a
16peace officer a distinct badge that, on its face, (i) clearly
17states that the badge is authorized by the Department and (ii)
18contains a unique identifying number. No other badge shall be
19authorized by the Department. Nothing in this Section
20prohibits the Secretary from issuing shields or other
21distinctive identification to employees not exercising the
22powers of a peace officer if the Secretary determines that a
23shield or distinctive identification is needed by the employee
24to carry out his or her responsibilities.
25(Source: P.A. 102-566, eff. 1-1-22.)
 

 

 

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1    (625 ILCS 5/13-108)  (from Ch. 95 1/2, par. 13-108)
2    Sec. 13-108. Hearing on complaint against official testing
3station, official mobile testing company, or official portable
4emissions testing company; suspension or revocation of permit.
5If it appears to the Department, either through its own
6investigation or upon charges verified under oath, that any of
7the provisions of this Chapter or the rules and regulations of
8the Department are being violated, the Department shall, after
9notice to the person, firm, or corporation charged with such
10violation, conduct a hearing. At least 10 days prior to the
11date of such hearing the Department shall cause to be served
12upon the person, firm, or corporation charged with such
13violation, a copy of such charge or charges by registered mail
14or by the personal service thereof, together with a notice
15specifying the time and place of such hearing. At the time and
16place specified in such notice, the person, firm, or
17corporation charged with such violation shall be given an
18opportunity to appear in person or by counsel and to be heard
19by the Secretary of Transportation or an officer or employee
20of the Department designated in writing by him to conduct such
21hearing. If it appears from the hearing that such person,
22firm, or corporation is guilty of the charge preferred against
23the person, firm, or corporation, the Secretary of
24Transportation may order the permit suspended or revoked, and
25the bond forfeited. Any such revocation or suspension shall
26not be a bar to subsequent arrest and prosecution for

 

 

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1violation of this Chapter.
2(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
3    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
4    (Text of Section before amendment by P.A. 102-982)
5    Sec. 13-109. Safety test prior to application for license -
6 Subsequent tests - Repairs - Retest.
7    (a) Except as otherwise provided in Chapter 13, each
8second division vehicle, first division vehicle including a
9taxi which is used for a purpose that requires a school bus
10driver permit, and medical transport vehicle, except those
11vehicles other than school buses or medical transport vehicles
12owned or operated by a municipal corporation or political
13subdivision having a population of 1,000,000 or more
14inhabitants which are subjected to safety tests imposed by
15local ordinance or resolution, operated in whole or in part
16over the highways of this State, motor vehicle used for driver
17education training, and each vehicle designed to carry 15 or
18fewer passengers operated by a contract carrier transporting
19employees in the course of their employment on a highway of
20this State, shall be subjected to the safety test provided for
21in Chapter 13 of this Code. Tests shall be conducted at an
22official testing station within 6 months prior to the
23application for registration as provided for in this Code.
24Subsequently each vehicle shall be subject to tests (i) at
25least every 6 months, (ii) in the case of school buses and

 

 

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1first division vehicles including taxis which are used for a
2purpose that requires a school bus driver permit, at least
3every 6 months or 10,000 miles, whichever occurs first, (iii)
4in the case of driver education vehicles used by public high
5schools, at least every 12 months for vehicles over 5 model
6years of age or having an odometer reading of over 75,000
7miles, whichever occurs first, or (iv) in the case of truck
8tractors, semitrailers, and property-carrying vehicles
9registered for a gross weight of more than 10,000 pounds but
10less than 26,001 pounds, at least every 12 months, and
11according to schedules established by rules and regulations
12promulgated by the Department. Any component subject to
13regular inspection which is damaged in a reportable accident
14must be reinspected before the bus or first division vehicle
15including a taxi which is used for a purpose that requires a
16school bus driver permit is returned to service.
17    (b) The Department shall also conduct periodic
18nonscheduled inspections of school buses, of buses registered
19as charitable vehicles and of religious organization buses. If
20such inspection reveals that a vehicle is not in substantial
21compliance with the rules promulgated by the Department, the
22Department shall remove the Certificate of Safety from the
23vehicle, and shall place the vehicle out-of-service. A bright
24orange, triangular decal shall be placed on an out-of-service
25vehicle where the Certificate of Safety has been removed. The
26vehicle must pass a safety test at an official testing station

 

 

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1before it is again placed in service.
2    (c) If the violation is not substantial a bright yellow,
3triangular sticker shall be placed next to the Certificate of
4Safety at the time the nonscheduled inspection is made. The
5Department shall reinspect the vehicle after 3 working days to
6determine that the violation has been corrected and remove the
7yellow, triangular decal. If the violation is not corrected
8within 3 working days, the Department shall place the vehicle
9out-of-service in accordance with procedures in subsection
10(b).
11    (d) If a violation is not substantial and does not
12directly affect the safe operation of the vehicle, the
13Department shall issue a warning notice requiring correction
14of the violation. Such correction shall be accomplished as
15soon as practicable and a report of the correction shall be
16made to the Department within 30 days in a manner established
17by the Department. If the Department has not been advised that
18the corrections have been made, and the violations still
19exist, the Department shall place the vehicle out-of-service
20in accordance with procedures in subsection (b).
21    (e) The Department is authorized to promulgate regulations
22to implement its program of nonscheduled inspections. Causing
23or allowing the operation of an out-of-service vehicle with
24passengers or unauthorized removal of an out-of-service
25sticker is a Class 3 felony. Causing or allowing the operation
26of a vehicle with a 3-day sticker for longer than 3 days with

 

 

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1the sticker attached or the unauthorized removal of a 3-day
2sticker is a Class C misdemeanor.
3    (f) If a second division vehicle, first division vehicle
4including a taxi which is used for a purpose that requires a
5school bus driver permit, medical transport vehicle, or
6vehicle operated by a contract carrier as provided in
7subsection (a) of this Section is in safe mechanical
8condition, as determined pursuant to Chapter 13, the operator
9of the official testing station must at once issue to the
10second division vehicle, first division vehicle including a
11taxi which is used for a purpose that requires a school bus
12driver permit, or medical transport vehicle a certificate of
13safety, in the form and manner prescribed by the Department,
14which shall be affixed to the vehicle by the certified safety
15tester who performed the safety tests. The owner of the second
16division vehicle, first division vehicle including a taxi
17which is used for a purpose that requires a school bus driver
18permit, or medical transport vehicle or the contract carrier
19shall at all times display the Certificate of Safety on the
20second division vehicle, first division vehicle including a
21taxi which is used for a purpose that requires a school bus
22driver permit, medical transport vehicle, or vehicle operated
23by a contract carrier in the manner prescribed by the
24Department.
25    (g) If a test shows that a second division vehicle, first
26division vehicle including a taxi which is used for a purpose

 

 

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1that requires a school bus driver permit, medical transport
2vehicle, or vehicle operated by a contract carrier is not in
3safe mechanical condition as provided in this Section, it
4shall not be operated on the highways until it has been
5repaired and submitted to a retest at an official testing
6station. If the owner or contract carrier submits the vehicle
7to a retest at a different official testing station from that
8where it failed to pass the first test, he or she shall present
9to the operator of the second station the report of the
10original test, and shall notify the Department in writing,
11giving the name and address of the original testing station
12and the defects which prevented the issuance of a Certificate
13of Safety, and the name and address of the second official
14testing station making the retest.
15(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
 
16    (Text of Section after amendment by P.A. 102-982)
17    Sec. 13-109. Safety test prior to application for license -
18 Subsequent tests - Repairs - Retest.
19    (a) Except as otherwise provided in Chapter 13, each
20second division vehicle, first division vehicle including a
21taxi which is used for a purpose that requires a school bus
22driver permit, and medical transport vehicle, except those
23vehicles other than school buses or medical transport vehicles
24owned or operated by a municipal corporation or political
25subdivision having a population of 1,000,000 or more

 

 

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1inhabitants which are subjected to safety tests imposed by
2local ordinance or resolution, operated in whole or in part
3over the highways of this State, motor vehicle used for driver
4education training, and each vehicle designed to carry 15 or
5fewer passengers operated by a contract carrier transporting
6employees in the course of their employment on a highway of
7this State, shall be subjected to the safety test provided for
8in Chapter 13 of this Code. Tests shall be conducted at an
9official testing station or by an official mobile safety
10testing company within 6 months prior to the application for
11registration as provided for in this Code. Subsequently each
12vehicle shall be subject to tests (i) at least every 6 months,
13(ii) in the case of school buses and first division vehicles
14including taxis which are used for a purpose that requires a
15school bus driver permit, at least every 6 months or 10,000
16miles, whichever occurs first, (iii) in the case of driver
17education vehicles used by public high schools, at least every
1812 months for vehicles over 5 model years of age or having an
19odometer reading of over 75,000 miles, whichever occurs first,
20or (iv) in the case of truck tractors, semitrailers, and
21property-carrying vehicles registered for a gross weight of
22more than 10,000 pounds but less than 26,001 pounds, at least
23every 12 months, and according to schedules established by
24rules and regulations promulgated by the Department. Any
25component subject to regular inspection which is damaged in a
26reportable crash must be reinspected before the bus or first

 

 

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1division vehicle including a taxi which is used for a purpose
2that requires a school bus driver permit is returned to
3service.
4    (b) The Department shall also conduct periodic
5nonscheduled inspections of school buses, of buses registered
6as charitable vehicles and of religious organization buses. If
7such inspection reveals that a vehicle is not in substantial
8compliance with the rules promulgated by the Department, the
9Department shall remove the Certificate of Safety from the
10vehicle, and shall place the vehicle out-of-service. A bright
11orange, triangular decal shall be placed on an out-of-service
12vehicle where the Certificate of Safety has been removed. The
13vehicle must pass a safety test at an official testing station
14or official mobile safety testing company before it is again
15placed in service.
16    (c) If the violation is not substantial a bright yellow,
17triangular sticker shall be placed next to the Certificate of
18Safety at the time the nonscheduled inspection is made. The
19Department shall reinspect the vehicle after 3 working days to
20determine that the violation has been corrected and remove the
21yellow, triangular decal. If the violation is not corrected
22within 3 working days, the Department shall place the vehicle
23out-of-service in accordance with procedures in subsection
24(b).
25    (d) If a violation is not substantial and does not
26directly affect the safe operation of the vehicle, the

 

 

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1Department shall issue a warning notice requiring correction
2of the violation. Such correction shall be accomplished as
3soon as practicable and a report of the correction shall be
4made to the Department within 30 days in a manner established
5by the Department. If the Department has not been advised that
6the corrections have been made, and the violations still
7exist, the Department shall place the vehicle out-of-service
8in accordance with procedures in subsection (b).
9    (e) The Department is authorized to promulgate regulations
10to implement its program of nonscheduled inspections. Causing
11or allowing the operation of an out-of-service vehicle with
12passengers or unauthorized removal of an out-of-service
13sticker is a Class 3 felony. Causing or allowing the operation
14of a vehicle with a 3-day sticker for longer than 3 days with
15the sticker attached or the unauthorized removal of a 3-day
16sticker is a Class C misdemeanor.
17    (f) If a second division vehicle, first division vehicle
18including a taxi which is used for a purpose that requires a
19school bus driver permit, medical transport vehicle, or
20vehicle operated by a contract carrier as provided in
21subsection (a) of this Section is in safe mechanical
22condition, as determined pursuant to Chapter 13, the operator
23of the official testing station or official mobile safety
24testing company must at once issue to the second division
25vehicle, first division vehicle including a taxi which is used
26for a purpose that requires a school bus driver permit, or

 

 

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1medical transport vehicle a certificate of safety, in the form
2and manner prescribed by the Department, which shall be
3affixed to the vehicle by the certified safety tester who
4performed the safety tests. The owner of the second division
5vehicle, first division vehicle including a taxi which is used
6for a purpose that requires a school bus driver permit, or
7medical transport vehicle or the contract carrier shall at all
8times display the Certificate of Safety on the second division
9vehicle, first division vehicle including a taxi which is used
10for a purpose that requires a school bus driver permit,
11medical transport vehicle, or vehicle operated by a contract
12carrier in the manner prescribed by the Department.
13    (g) If a test shows that a second division vehicle, first
14division vehicle including a taxi which is used for a purpose
15that requires a school bus driver permit, medical transport
16vehicle, or vehicle operated by a contract carrier is not in
17safe mechanical condition as provided in this Section, it
18shall not be operated on the highways until it has been
19repaired and submitted to a retest at an official testing
20station or official mobile safety testing company. If the
21owner or contract carrier submits the vehicle to a retest at a
22different official testing station or official mobile safety
23testing company from that where it failed to pass the first
24test, he or she shall present to the operator of the second
25station the report of the original test, and shall notify the
26Department in writing, giving the name and address of the

 

 

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1original testing station or official mobile safety testing
2company and the defects which prevented the issuance of a
3Certificate of Safety, and the name and address of the second
4official testing station or official mobile safety testing
5company making the retest.
6(Source: P.A. 102-982, eff. 7-1-23.)
 
7    (625 ILCS 5/13-110)  (from Ch. 95 1/2, par. 13-110)
8    Sec. 13-110. Certificate of safety. (a) Certificates of
9Safety shall be in contrasting colors, with a number on the
10face of the Certificate indicating the month of the next
11inspection period the vehicle is subject to inspection.
12Certificates for school buses shall also indicate the mileage
13at which the school bus shall be subject to inspection if it
14occurs before the next regular inspection period. The colors
15of Certificates of Safety shall be prescribed by the
16Department.
17    (b) Certificates of Safety, which remain the property of
18the State of Illinois, will be provided to Official Testing
19Stations and official mobile safety testing companies by the
20Department at the fee of $1 each. Certificates of Safety which
21remain unused at the end of each inspection period will be
22redeemed for the same amount in a manner prescribed by the
23Department.
24    (c) Nothing in this Chapter shall be construed as a
25suggestion or direction to any owner to require him to have any

 

 

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1repairs made or any work done by any official testing station
2or official mobile safety testing company, but all tests must
3be made at an official testing station to secure the issuance
4of a certificate of safety, and no certificate of safety
5issued by any other than an official testing station or
6official mobile safety testing company shall be deemed a
7compliance with this Chapter.
8(Source: P.A. 83-311.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.