Full Text of HB1093 97th General Assembly
HB1093 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1093 Introduced 02/04/11, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/13C-5 | | 625 ILCS 5/13C-15 | | 625 ILCS 5/13C-25 | |
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Amends the Illinois Vehicle Code. Modifies the definitions of "malfunction indicator lamp" and "on-board diagnostic system". Makes changes in the categories of vehicles that are subject to vehicle emissions inspection requirements. Deletes provisions permitting the substitution of a steady-state idle exhaust gas analysis and evaporative system integrity test for the on-board diagnostic system test. Adds a provision permitting the substitution of a visual inspection test for the on-board diagnostic test in certain cases. Effective February 1, 2012.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 13C-5, 13C-15, and 13C-25 as follows: | 6 | | (625 ILCS 5/13C-5) | 7 | | Sec. 13C-5. Definitions. For the purposes of this Chapter: | 8 | | "Affected counties" means Cook County; DuPage County; Lake | 9 | | County; those parts of Kane County that are not included within | 10 | | any of the following ZIP code areas, as designated by the U.S. | 11 | | Postal Service on the effective date of this amendatory Act of | 12 | | the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, | 13 | | 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, | 14 | | and 60554; those parts of Kendall County that are not included | 15 | | within any of the following ZIP code areas, as designated by | 16 | | the U.S. Postal Service on the effective date of this | 17 | | amendatory Act of the 94th General Assembly: 60447, 60450, | 18 | | 60512, 60536, 60537, 60541, those parts of 60543 that are not | 19 | | within the census defined urbanized area, 60545, 60548, and | 20 | | 60560; those parts of McHenry County that are not included | 21 | | within any of the following ZIP code areas, as designated by | 22 | | the U.S. Postal Service on the effective date of this | 23 | | amendatory Act of the 94th General Assembly: 60001, 60033, |
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| 1 | | 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and | 2 | | 60180; those parts of Will County that are not included within | 3 | | any of the following ZIP code areas, as designated by the U.S. | 4 | | Postal Service on the effective date of this amendatory Act of | 5 | | the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, | 6 | | 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; | 7 | | those parts of Madison County that are not included within any | 8 | | of the following ZIP code areas, as designated by the U.S. | 9 | | Postal Service on the effective date of this amendatory Act of | 10 | | the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, | 11 | | 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, | 12 | | 62281, and 62293; those parts of Monroe County that are not | 13 | | included within any of the following ZIP code areas, as | 14 | | designated by the U.S. Postal Service on the effective date of | 15 | | this amendatory Act of the 94th General Assembly: 62244, 62248, | 16 | | 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and | 17 | | 62298; and those parts of St. Clair County that are not | 18 | | included within any of the following ZIP code areas, as | 19 | | designated by the U.S. Postal Service on the effective date of | 20 | | this amendatory Act of the 94th General Assembly: 62224, 62243, | 21 | | 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, | 22 | | 62278, 62282, 62285, 62289, 62293, and 62298. | 23 | | "Board" means the Illinois Pollution Control Board. | 24 | | "Claim evaluation center" means an automotive diagnostic | 25 | | facility that meets the standards prescribed by the Agency for | 26 | | performing examinations of vehicle emissions inspection damage |
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| 1 | | claims. | 2 | | "Contractor" means the vehicle emissions test contractor | 3 | | for official inspection stations described in Section 13C-45. | 4 | | "Diagnostic code" means a code stored in a vehicle's | 5 | | on-board diagnostic computer to indicate the occurrence of an | 6 | | emissions-related condition or malfunction. | 7 | | "Inspection area" means Cook County, DuPage County, Lake | 8 | | County, and those portions of Kane, Kendall, Madison, McHenry, | 9 | | Monroe, Will, and St. Clair Counties included in the definition | 10 | | of "affected counties". | 11 | | "Malfunction indicator lamp" or "MIL" means a dashboard | 12 | | lamp designed to illuminate to alert the driver to the | 13 | | occurrence of a problem or condition resulting in excessive | 14 | | emissions. | 15 | | "On-board diagnostic system" or "OBD system" means the | 16 | | computer-based system built into a vehicle all 1996 and newer | 17 | | light-duty vehicles and trucks, as required by the federal | 18 | | Clean Air Act Amendments of 1990, that is designed to monitor | 19 | | the performance of major engine and emissions controls, to | 20 | | alert the operator to emissions-related malfunctions, and to | 21 | | store diagnostic codes and other vehicle operating information | 22 | | useful in repairing the vehicle. | 23 | | "Official inspection station" means a structure or | 24 | | physical location where the Agency has authorized vehicle | 25 | | emissions testing to be conducted. | 26 | | "Owner" means the registered owner of the vehicle, as |
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| 1 | | indicated on the vehicle's registration. In the case of an | 2 | | unregistered vehicle, "owner" has the meaning set forth in | 3 | | Section 1-155 of this Code. | 4 | | "Program" means the vehicle emission inspection program | 5 | | established under this Chapter. | 6 | | "Readiness status" means an indication of whether a | 7 | | vehicle's on-board diagnostic system has completed a periodic | 8 | | check of the performance of a monitored system or component. | 9 | | "Resident" includes natural persons, foreign and domestic | 10 | | corporations, partnerships, associations, and all other | 11 | | commercial and governmental entities. For the purpose of | 12 | | determining residence, the owner of a vehicle shall be presumed | 13 | | to reside at the address indicated on the vehicle's | 14 | | registration. A governmental entity, including the federal | 15 | | government and its agencies, and any unit of local government | 16 | | or school district, any part of which is located within an | 17 | | affected county, shall be deemed a resident of an affected | 18 | | county for the purpose of any vehicle that is owned by the | 19 | | governmental entity and regularly operated in an affected | 20 | | county. | 21 | | "Registration" of a vehicle means its registration under | 22 | | Article IV of Chapter 3 of this Code. | 23 | | "Vehicle age" means the numerical difference between the | 24 | | current calendar year and the vehicle model year.
| 25 | | (Source: P.A. 94-526, eff. 1-1-06.) |
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| 1 | | (625 ILCS 5/13C-15) | 2 | | Sec. 13C-15. Inspections. | 3 | | (a) Computer-Matched Inspections and Notification. | 4 | | (1) The provisions of this subsection (a) are operative | 5 | | until the implementation of the registration denial | 6 | | inspection and notification mechanisms required by | 7 | | subsection (b). Beginning with the implementation of the | 8 | | program required by this Chapter, every motor vehicle that | 9 | | is owned by a resident of an affected county, other than a | 10 | | vehicle that is exempt under paragraph (a)(6) or (a)(7), is | 11 | | subject to inspection under the program. | 12 | | The Agency shall send notice of the assigned inspection | 13 | | month, at least 15 days before the beginning of the | 14 | | assigned month, to the owner of each vehicle subject to the | 15 | | program. An initial emission inspection sticker or initial | 16 | | inspection certificate, as the case may be, expires on the | 17 | | last day of the third month following the month assigned by | 18 | | the Agency for the first inspection of the vehicle. A | 19 | | renewal inspection sticker or certificate expires on the | 20 | | last day of the third month following the month assigned | 21 | | for inspection in the year in which the vehicle's next | 22 | | inspection is required. | 23 | | The Agency or its agent may issue an interim emission | 24 | | inspection sticker or certificate for any vehicle subject | 25 | | to inspection that does not have a currently valid emission | 26 | | inspection sticker or certificate at the time the Agency is |
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| 1 | | notified by the Secretary of State of its registration by a | 2 | | new owner, and for which an initial emission inspection | 3 | | sticker or certificate has already been issued. An interim | 4 | | emission inspection sticker or certificate expires no | 5 | | later than the last day of the sixth complete calendar | 6 | | month after the date the Agency issued the interim emission | 7 | | inspection sticker or certificate. | 8 | | The owner of each vehicle subject to inspection shall | 9 | | obtain an emission inspection sticker or certificate for | 10 | | the vehicle in accordance with this paragraph (1). Before | 11 | | the expiration of the emission inspection sticker or | 12 | | certificate, the owner shall have the vehicle inspected | 13 | | and, upon demonstration of compliance, obtain a renewal | 14 | | emission inspection sticker or certificate. A renewal | 15 | | emission inspection sticker or certificate shall not be | 16 | | issued more than 5 months before the expiration date of the | 17 | | previous inspection sticker or certificate. | 18 | | (2) Except as provided in paragraph (a)(3), vehicles | 19 | | shall be inspected every 2 years on a schedule that begins | 20 | | either in the second, fourth, or later calendar year after | 21 | | the vehicle model year. The beginning test schedule shall | 22 | | be set by the Agency and shall be consistent with the | 23 | | State's requirements for emission reductions as determined | 24 | | by the applicable United States Environmental Protection | 25 | | Agency vehicle emissions estimation model and applicable | 26 | | guidance and rules. |
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| 1 | | (3) A vehicle may be inspected at a time outside of its | 2 | | normal 2-year inspection schedule, if (i) the vehicle was | 3 | | acquired by a new owner and (ii) the vehicle was required | 4 | | to be in compliance with this Act at the time the vehicle | 5 | | was acquired by the new owner, but it was not then in | 6 | | compliance. | 7 | | (4) The owner of a vehicle subject to inspection shall | 8 | | have the vehicle inspected and shall obtain and display on | 9 | | the vehicle or carry within the vehicle, in a manner | 10 | | specified by the Agency, a valid unexpired emission | 11 | | inspection sticker or certificate in the manner specified | 12 | | by the Agency. A person who violates this paragraph (4) is | 13 | | guilty of a petty offense, except that a third or | 14 | | subsequent violation within one year of the first violation | 15 | | is a Class C misdemeanor. The fine imposed for a violation | 16 | | of this paragraph (4) shall be not less than $50 if the | 17 | | violation occurred within 60 days following the date by | 18 | | which a new or renewal emission inspection sticker or | 19 | | certificate was required to be obtained for the vehicle, | 20 | | and not less than $300 if the violation occurred more than | 21 | | 60 days after that date. | 22 | | (5) For a $20 fee, to be paid into the Vehicle | 23 | | Inspection Fund, the Agency may inspect: | 24 | | (A) A vehicle registered in and subject to the | 25 | | emission inspections requirements of another state. | 26 | | (B) A vehicle presented for inspection on a |
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| 1 | | voluntary basis. | 2 | | Any fees collected under this paragraph (5)
shall not | 3 | | offset Motor Fuel Tax Funds normally appropriated for the | 4 | | program. | 5 | | (6) The following vehicles are not subject to | 6 | | inspection: | 7 | | (A) Vehicles not subject to registration under | 8 | | Article IV of Chapter 3 of this Code, other than | 9 | | vehicles owned by the federal government. | 10 | | (B) Motorcycles, motor driven cycles, and | 11 | | motorized pedalcycles. | 12 | | (C) Farm vehicles and implements of husbandry. | 13 | | (D) Implements of warfare owned by the State or | 14 | | federal government. | 15 | | (E) Antique vehicles, custom vehicles, street | 16 | | rods, and vehicles of model year 1967 or before. | 17 | | (F) Vehicles operated exclusively for parade or | 18 | | ceremonial purposes by any veterans, fraternal, or | 19 | | civic organization, organized on a not-for-profit | 20 | | basis. | 21 | | (G) Vehicles for which the Secretary of State, | 22 | | under Section 3-117 of this Code, has issued a Junking | 23 | | Certificate. | 24 | | (H) Diesel powered vehicles and vehicles that are | 25 | | powered exclusively by electricity. | 26 | | (I) Vehicles operated exclusively in organized |
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| 1 | | amateur or professional sporting activities, as | 2 | | defined in Section 3.310 of the Environmental | 3 | | Protection Act. | 4 | | (J) Vehicles registered in, subject to, and in | 5 | | compliance with the emission inspection requirements | 6 | | of another state. | 7 | | (K) Vehicles participating in an OBD continuous | 8 | | monitoring program operated in accordance with | 9 | | procedures adopted by the Agency. | 10 | | (L) Vehicles of model year 1995 or earlier that do | 11 | | not have an expired emissions test sticker or | 12 | | certificate on February 1, 2007. | 13 | | The Agency may issue temporary or permanent exemption | 14 | | stickers or certificates for vehicles temporarily or | 15 | | permanently exempt from inspection under this paragraph | 16 | | (6). An exemption sticker or certificate does not need to | 17 | | be displayed. | 18 | | (7) According to criteria that the Agency may adopt, a | 19 | | motor vehicle may be exempted from the inspection | 20 | | requirements of this Section by the Agency on the basis of | 21 | | an Agency determination that the vehicle is located and | 22 | | primarily used outside of the affected counties or in other | 23 | | jurisdictions where vehicle emission inspections are not | 24 | | required. The Agency may issue an annual exemption sticker | 25 | | or certificate without inspection for any vehicle exempted | 26 | | from inspection under this paragraph (7). |
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| 1 | | (8) Any owner or lessee of a fleet of 15 or more motor | 2 | | vehicles that are subject to inspection under this Section | 3 | | may apply to the Agency for a permit to establish and | 4 | | operate a private official inspection station in | 5 | | accordance with rules adopted by the Agency. | 6 | | (9) Pursuant to Title 40, Section 51.371 of the Code of | 7 | | Federal Regulations, the Agency may establish a program of | 8 | | on-road testing of in-use vehicles through the use of | 9 | | remote sensing devices. In any such program, the Agency | 10 | | shall evaluate the emission performance of 0.5% of the | 11 | | subject fleet or 20,000 vehicles, whichever is less. Under | 12 | | no circumstances shall on-road testing include any sort of | 13 | | roadblock or roadside pullover or cause any type of traffic | 14 | | delay. If, during the course of an on-road inspection, a | 15 | | vehicle is found to exceed the on-road emissions standards | 16 | | established for the model year and type of vehicle, the | 17 | | Agency shall send a notice to the vehicle owner. The notice | 18 | | shall document the occurrence and the results of the | 19 | | on-road exceedance. The notice of a second on-road | 20 | | exceedance shall indicate that the vehicle has been | 21 | | reassigned and is subject to an out-of-cycle follow-up | 22 | | inspection at an official inspection station. In no case | 23 | | shall the Agency send a notice of an on-road exceedance to | 24 | | the owner of a vehicle that was found to exceed the on-road | 25 | | emission standards established for the model year and type | 26 | | of vehicle, if the vehicle is registered outside of the |
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| 1 | | affected counties.
| 2 | | (b) Registration Denial Inspection and Notification. | 3 | | (1) No later than January 1, 2008, every motor vehicle | 4 | | that is owned by a resident of an affected county, other | 5 | | than a vehicle that is exempt under paragraph (b)(8) or | 6 | | (b)(9), is subject to inspection under the program. | 7 | | The owner of a vehicle subject to inspection shall have | 8 | | the vehicle inspected and obtain proof of compliance from | 9 | | the Agency in order to obtain or renew a vehicle | 10 | | registration for a subject vehicle. | 11 | | The Secretary of State shall notify the owner of a | 12 | | vehicle subject to inspection of the requirement to have | 13 | | the vehicle tested at least 30 days prior to the beginning | 14 | | of the month in which the vehicle's registration is due to | 15 | | expire. Notwithstanding the preceding, vehicles with | 16 | | permanent registration plates shall be notified at least 30 | 17 | | days prior to the month corresponding to the date the | 18 | | vehicle was originally registered. This notification shall | 19 | | clearly state the vehicle's test status, based upon the | 20 | | vehicle type, model year and registration address. | 21 | | The owner of each vehicle subject to inspection shall | 22 | | have the vehicle inspected and, upon demonstration of | 23 | | compliance, obtain an emissions compliance certificate for | 24 | | the vehicle. | 25 | | (2) Except as provided in paragraphs (b)(3), (b)(4), | 26 | | and (b)(5), vehicles shall be inspected every 2 years on a |
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| 1 | | schedule that begins in the fourth calendar year after the | 2 | | vehicle model year. Even model year vehicles shall be | 3 | | inspected and comply in order to renew registrations | 4 | | expiring in even calendar years and odd model year vehicles | 5 | | shall be inspected and comply in order to renew | 6 | | registrations expiring in odd calendar years. | 7 | | (3) A vehicle shall be inspected and comply at a time | 8 | | outside of its normal 2-year inspection schedule if (i) the | 9 | | vehicle was acquired by a new owner and (ii) the vehicle | 10 | | had not been issued a Compliance Certificate within one | 11 | | year of the date of application for the title or | 12 | | registration, or both, for the vehicle. | 13 | | (4) Vehicles with 2-year registrations shall be | 14 | | inspected every 2 years at the time of registration | 15 | | issuance or renewal on a schedule that begins in the fourth | 16 | | year after the vehicle model year. | 17 | | (5) Vehicles with permanent vehicle registration | 18 | | plates shall be inspected every 2 years on a schedule that | 19 | | begins in the fourth calendar year after the vehicle model | 20 | | year in the month corresponding to the date the vehicle was | 21 | | originally registered. Even model year vehicles shall be | 22 | | inspected and comply in even calendar years, and odd model | 23 | | year vehicles shall be inspected and comply in odd calendar | 24 | | years. | 25 | | (6) The Agency and the Secretary of State shall | 26 | | endeavor to ensure a smooth transition from test scheduling |
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| 1 | | from the provisions of subsection (a) to subsection (b). | 2 | | Passing tests and waivers issued prior to the | 3 | | implementation of this subsection (b) may be utilized to | 4 | | establish compliance for a period of one year from the date | 5 | | of the emissions or waiver inspection. | 6 | | (7) For a $20 fee, to be paid into the Vehicle | 7 | | Inspection Fund, the Agency may inspect: | 8 | | (A) A vehicle registered in and subject to the | 9 | | emissions inspections requirements of another state. | 10 | | (B) A vehicle presented for inspection on a | 11 | | voluntary basis. | 12 | | Any fees collected under this paragraph (7) shall not | 13 | | offset Motor Fuel Tax Funds normally appropriated for the | 14 | | program. | 15 | | (8) The following vehicles are not subject to | 16 | | inspection: | 17 | | (A) Vehicles not subject to registration under | 18 | | Article IV of Chapter 3 of this Code, other than | 19 | | vehicles owned by the federal government. | 20 | | (B) Motorcycles, motor driven cycles, and | 21 | | motorized pedalcycles. | 22 | | (C) Farm vehicles and implements of husbandry. | 23 | | (D) Implements of warfare owned by the State or | 24 | | federal government. | 25 | | (E) Antique vehicles, custom vehicles, street | 26 | | rods, and vehicles of model year 1967 or before. |
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| 1 | | (F) Vehicles operated exclusively for parade or | 2 | | ceremonial purposes by any veterans, fraternal, or | 3 | | civic organization, organized on a not-for-profit | 4 | | basis. | 5 | | (G) Vehicles for which the Secretary of State, | 6 | | under Section 3-117 of this Code, has issued a Junking | 7 | | Certificate. | 8 | | (H) Diesel powered vehicles and vehicles that are | 9 | | powered exclusively by electricity. | 10 | | (I) Vehicles operated exclusively in organized | 11 | | amateur or professional sporting activities, as | 12 | | defined in Section 3.310 of the Environmental | 13 | | Protection Act. | 14 | | (J) Vehicles registered in, subject to, and in | 15 | | compliance with the emission inspection requirements | 16 | | of another state. | 17 | | (K) Vehicles participating in an OBD continuous | 18 | | monitoring program operated in accordance with | 19 | | procedures adopted by the Agency. | 20 | | (L) Vehicles of model year 1995 or earlier that do | 21 | | not have an expired emissions test sticker or | 22 | | certificate on February 1, 2007. | 23 | | (M) Vehicles of model year 2006 or earlier with a | 24 | | manufacturer gross vehicle weight rating between 8,501 | 25 | | and 14,000 pounds. | 26 | | (N) Vehicles with a manufacturer gross vehicle |
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| 1 | | weight rating greater than 14,000 pounds. | 2 | | The Agency may issue temporary or permanent exemption | 3 | | certificates for vehicles temporarily or permanently | 4 | | exempt from inspection under this paragraph (8). An | 5 | | exemption sticker or certificate does not need to be | 6 | | displayed. | 7 | | (9) According to criteria that the Agency may adopt, a | 8 | | motor vehicle may be exempted from the inspection | 9 | | requirements of this Section by the Agency on the basis of | 10 | | an Agency determination that the vehicle is located and | 11 | | primarily used outside of the affected counties or in other | 12 | | jurisdictions where vehicle emissions inspections are not | 13 | | required. The Agency may issue an annual exemption | 14 | | certificate without inspection for any vehicle exempted | 15 | | from inspection under this paragraph (9). | 16 | | (10) Any owner or lessee of a fleet of 15 or more motor | 17 | | vehicles that are subject to inspection under this Section | 18 | | may apply to the Agency for a permit to establish and | 19 | | operate a private official inspection station in | 20 | | accordance with rules adopted by the Agency. | 21 | | (11) Pursuant to Title 40, Section 51.371 of the Code | 22 | | of Federal Regulations, the Agency may establish a program | 23 | | of on-road testing of in-use vehicles through the use of | 24 | | remote sensing devices. In any such program, the Agency | 25 | | shall evaluate the emission performance of 0.5% of the | 26 | | subject fleet or 20,000 vehicles, whichever is less. Under |
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| 1 | | no circumstances shall on-road testing include any sort of | 2 | | roadblock or roadside pullover or cause any type of traffic | 3 | | delay. If, during the course of an on-road inspection, a | 4 | | vehicle is found to exceed the on-road emissions standards | 5 | | established for the model year and type of vehicle, the | 6 | | Agency shall send a notice to the vehicle owner. The notice | 7 | | shall document the occurrence and the results of the | 8 | | on-road exceedance. The notice of a second on-road | 9 | | exceedance shall indicate that the vehicle has been | 10 | | reassigned and is subject to an out-of-cycle follow-up | 11 | | inspection at an official inspection station. In no case | 12 | | shall the Agency send a notice of an on-road exceedance to | 13 | | the owner of a vehicle that was found to exceed the on-road | 14 | | emissions standards established for the model year and type | 15 | | of vehicle, if the vehicle is registered outside of the | 16 | | affected counties. | 17 | | (Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) | 18 | | (625 ILCS 5/13C-25) | 19 | | Sec. 13C-25. Performance of inspections. | 20 | | (a) Except as provided in subsection (b), the inspection of | 21 | | vehicles required under this Chapter shall be performed only: | 22 | | (i) by inspectors who have been certified by the Agency after | 23 | | successfully completing a course of training and successfully | 24 | | passing a written test; (ii) at official inspection stations, | 25 | | including on-road inspection sites established under this |
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| 1 | | Chapter; and (iii) with equipment that has been approved by the | 2 | | Agency for these inspections. | 3 | | (b) The requirements of subdivisions (a)(i) and (a)(ii) of | 4 | | this Section do not preclude the performance of inspections (1) | 5 | | at self-service official inspection stations, (2) using | 6 | | Agency-approved wireless communication interfaces, and (3) | 7 | | using systems designed to perform remote on-board diagnostic | 8 | | inspections. | 9 | | (c) Except as provided in subsection (h) (d) , the | 10 | | inspection shall consist of an on-board diagnostic system test. | 11 | | The owner of the vehicle or the owner's agent shall be entitled | 12 | | to an emission inspection certificate issued by the Agency only | 13 | | if all required tests are passed at the time of the inspection. | 14 | | (d) (Blank). A steady-state idle exhaust gas analysis and | 15 | | the evaporative system integrity test may be substituted for | 16 | | the on-board diagnostic system test in the following cases: | 17 | | (1) On any heavy duty vehicle with a manufacturer gross | 18 | | vehicle weight rating in excess of 8,500 pounds not | 19 | | equipped at the time of manufacture with an on-board | 20 | | diagnostic system meeting federal OBD-II specifications. | 21 | | (2) On any vehicle for which on-board diagnostic | 22 | | testing is not possible due to the vehicle's originally | 23 | | certified design or its design as modified in accordance | 24 | | with federal law and regulations, and on any vehicle with | 25 | | known on-board diagnostic communications or software | 26 | | problems, as determined by the Agency. |
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| 1 | | (e) (Blank). The exhaust gas analysis shall consist of a | 2 | | test of an exhaust gas sample to determine whether the | 3 | | quantities of exhaust gas pollutants emitted by the vehicle | 4 | | meet the standards set for vehicles of that type under Section | 5 | | 13C-20. A vehicle shall be deemed to have passed this portion | 6 | | of the inspection if the evaluation of the exhaust gas sample | 7 | | indicates that the quantities of exhaust gas pollutants emitted | 8 | | by the vehicle do not exceed the standards set for vehicles of | 9 | | that type under Section 13C-20 or an inspector certifies that | 10 | | the vehicle qualifies for a waiver of the exhaust gas pollutant | 11 | | standards under Section 13C-30. | 12 | | (f) (Blank). The evaporative system integrity test shall | 13 | | consist of a procedure to determine if leaks exist in all or a | 14 | | portion of the vehicle fuel evaporation emission control | 15 | | system. A vehicle shall be deemed to have passed this test if | 16 | | it meets the criteria that the Board may adopt for an | 17 | | evaporative system integrity test. | 18 | | (g) The on-board diagnostic system test shall consist of | 19 | | accessing the vehicle's on-board computer system, determining | 20 | | the vehicle's readiness status and MIL malfunction indicator | 21 | | lamp status, and retrieving any stored diagnostic codes that | 22 | | may be present. The vehicle shall be deemed to have passed this | 23 | | test if the vehicle readiness status indicates that the | 24 | | vehicle's OBD system has completed all required system and | 25 | | component checks, the MIL malfunction indicator lamp status is | 26 | | appropriate, and the diagnostic codes retrieved do not exceed |
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| 1 | | standards set for vehicles of that type under Section 13C-20.
| 2 | | (h) A visual inspection test of the MIL may be substituted | 3 | | for the on-board diagnostic system test on any vehicle for | 4 | | which on-board diagnostic testing is not possible due to the | 5 | | vehicle's originally certified design or its design as modified | 6 | | in accordance with federal law and regulations, and on any | 7 | | vehicle with known on-board diagnostic communications or | 8 | | software problems, as determined by the Agency. The visual | 9 | | inspection test shall consist of verifying the status of the | 10 | | MIL in the key-on/engine off position and the key-on/engine on | 11 | | position. The vehicle shall be deemed to have passed this test | 12 | | if the MIL illuminates briefly during the key-on/engine off | 13 | | position and does not illuminate during the key-on/engine on | 14 | | position. | 15 | | (Source: P.A. 94-526, eff. 1-1-06.)
| 16 | | Section 99. Effective date. This Act takes effect February | 17 | | 1, 2012.
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