Full Text of SB0273 103rd General Assembly
SB0273sam002 103RD GENERAL ASSEMBLY | Sen. Patrick J. Joyce Filed: 3/23/2023
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| 1 | | AMENDMENT TO SENATE BILL 273
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 273 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 13-101, 13-103, 13-103.1, 13-103.3, 13-106, | 6 | | 13-107, 13-108, 13-109, and 13-110 and by adding Sections | 7 | | 13-103.4 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 | 10 | | safety. To
promote the safety of the general public, every | 11 | | owner of a second division
vehicle, medical transport vehicle, | 12 | | tow truck, first division vehicle including a taxi which is | 13 | | used for a purpose that requires a school bus driver permit, | 14 | | motor vehicle used for driver education training, or contract | 15 | | carrier
transporting employees in the course of their | 16 | | employment on a highway of
this State in a vehicle designed to |
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| 1 | | carry 15 or fewer passengers shall,
before operating the | 2 | | vehicle
upon the highways of Illinois, submit it to a "safety | 3 | | test" and secure a
certificate of safety furnished by the | 4 | | Department as set forth in Section
13-109. Each second | 5 | | division motor vehicle that pulls or draws a trailer,
| 6 | | semitrailer or pole trailer, with a gross weight of 10,001 lbs | 7 | | or more or
is registered for a gross weight of 10,001 lbs or | 8 | | more, motor bus,
religious organization bus, school bus, | 9 | | senior citizen transportation vehicle,
and limousine shall be | 10 | | subject to
inspection by the Department and the Department is | 11 | | authorized to
establish rules and regulations for the | 12 | | implementation of such inspections.
| 13 | | The owners of each salvage vehicle shall submit it to a | 14 | | "safety test" and
secure a certificate of safety furnished by | 15 | | the Department prior to its
salvage vehicle inspection | 16 | | pursuant to Section 3-308 of this Code.
In implementing and | 17 | | enforcing the provisions of this Section, the
Department and | 18 | | other authorized State agencies shall do so in a manner
that is | 19 | | not inconsistent with any applicable federal law or regulation | 20 | | so
that no federal funding or support is jeopardized by the | 21 | | enactment or
application of these provisions.
| 22 | | However, none of the provisions of Chapter 13 requiring | 23 | | safety
tests or a certificate of safety shall apply to:
| 24 | | (a) farm tractors, machinery and implements, wagons, | 25 | | wagon-trailers
or like farm vehicles used primarily in | 26 | | agricultural pursuits;
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| 1 | | (b) vehicles other than school buses, tow trucks and | 2 | | medical
transport vehicles owned or operated by a | 3 | | municipal corporation or
political subdivision having a | 4 | | population of 1,000,000 or more inhabitants
and which are | 5 | | subject to safety tests imposed by local ordinance or | 6 | | resolution;
| 7 | | (c) a semitrailer or trailer having a gross weight of | 8 | | 5,000 pounds
or less including vehicle weight and maximum | 9 | | load;
| 10 | | (d) recreational vehicles;
| 11 | | (e) vehicles registered as and displaying Illinois
| 12 | | antique vehicle plates and vehicles registered as | 13 | | expanded-use antique vehicles and displaying expanded-use | 14 | | antique vehicle plates;
| 15 | | (f) house trailers equipped and used for living | 16 | | quarters;
| 17 | | (g) vehicles registered as and displaying Illinois | 18 | | permanently
mounted equipment plates or similar vehicles | 19 | | eligible therefor but
registered as governmental vehicles | 20 | | provided that if said vehicle is
reclassified from a | 21 | | permanently mounted equipment plate so as to lose the
| 22 | | exemption of not requiring a certificate of safety, such | 23 | | vehicle must be
safety tested within 30 days of the | 24 | | reclassification;
| 25 | | (h) vehicles owned or operated by a manufacturer, | 26 | | dealer or
transporter displaying a special plate or plates |
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| 1 | | as described in Chapter
3 of this Code while such vehicle | 2 | | is being delivered from the
manufacturing or assembly | 3 | | plant directly to the purchasing dealership or
| 4 | | distributor, or being temporarily road driven for quality | 5 | | control testing,
or from one dealer or distributor to | 6 | | another, or are being
moved by the most direct route from | 7 | | one location to another for the
purpose of installing | 8 | | special bodies or equipment, or driven for purposes
of | 9 | | demonstration by a prospective buyer with the dealer or | 10 | | his agent present
in the cab of the vehicle during the | 11 | | demonstration;
| 12 | | (i) pole trailers and auxiliary axles;
| 13 | | (j) special mobile equipment;
| 14 | | (k) vehicles properly registered in another State | 15 | | pursuant to law and
displaying a valid registration plate | 16 | | or digital registration plate, except vehicles of contract | 17 | | carriers
transporting employees in the course of their | 18 | | employment on a highway of this
State in a vehicle | 19 | | designed to carry 15 or fewer passengers
are only exempted | 20 | | to the extent that the safety testing
requirements | 21 | | applicable to such vehicles in the state of registration
| 22 | | are no less stringent than the safety testing requirements | 23 | | applicable
to contract carriers that are lawfully | 24 | | registered in Illinois;
| 25 | | (l) water-well boring apparatuses or rigs;
| 26 | | (m) any vehicle which is owned and operated by the |
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| 1 | | federal government
and externally displays evidence of | 2 | | such ownership; and
| 3 | | (n) second division vehicles registered for a gross | 4 | | weight of 10,000
pounds or less, except when such second | 5 | | division motor vehicles pull
or draw a trailer, | 6 | | semi-trailer or pole trailer having a gross weight of
or | 7 | | registered for a gross weight of more than 10,000 pounds; | 8 | | motor buses;
religious organization buses; school buses; | 9 | | senior citizen transportation
vehicles; medical transport | 10 | | vehicles; tow trucks; and any property carrying vehicles | 11 | | being operated in commerce that are registered for a gross | 12 | | weight of more than 8,000 lbs but less than 10,001 lbs.
| 13 | | The safety test shall include the testing and inspection | 14 | | of
brakes, lights, horns, reflectors, rear vision mirrors, | 15 | | mufflers,
safety chains, windshields and windshield wipers, | 16 | | warning flags and
flares, frame, axle, cab and body, or cab or | 17 | | body, wheels, steering
apparatus, and other safety devices and | 18 | | appliances required by this Code
and such other safety tests | 19 | | as the Department may by rule or regulation
require, for | 20 | | second division vehicles, school buses, medical transport
| 21 | | vehicles, tow trucks, first division vehicles including taxis | 22 | | which are used for a purpose that requires a school bus driver | 23 | | permit, motor vehicles used for driver education training, | 24 | | vehicles designed to carry 15 or fewer passengers
operated by | 25 | | a contract carrier transporting employees in the course of | 26 | | their
employment
on a highway of this State, trailers, and
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| 1 | | semitrailers subject to inspection.
| 2 | | For tow trucks, the safety test and inspection shall also | 3 | | include
the inspection of winch mountings, body panels, body
| 4 | | mounts, wheel lift swivel points,
and sling straps, and other | 5 | | tests and inspections the Department by
rule requires for tow | 6 | | trucks.
| 7 | | For driver education vehicles used by public high schools, | 8 | | the vehicle must also be equipped with dual control brakes, a | 9 | | mirror on each side of the vehicle so located as to reflect to | 10 | | the driver a view of the highway for a distance of at least 200 | 11 | | feet to the rear, and a sign visible from the front and the | 12 | | rear identifying the vehicle as a driver education car. | 13 | | For trucks, truck tractors, trailers, semi-trailers, buses | 14 | | engaged in interstate commerce as defined Section 1-133 of | 15 | | this Code , and first division vehicles including taxis which | 16 | | are used for a purpose that requires a school bus driver | 17 | | permit, the
safety test shall be conducted in accordance with | 18 | | the Minimum Periodic
Inspection Standards promulgated by the | 19 | | Federal Highway Administration of
the U.S. Department of | 20 | | Transportation and contained in Appendix G to
Subchapter B of | 21 | | Chapter III of Title 49 of the Code of Federal Regulations.
| 22 | | Those standards, as now in effect, are made a part of this | 23 | | Code, in the
same manner as though they were set out in full in | 24 | | this Code.
| 25 | | The passing of the safety test shall not be a bar at any | 26 | | time to
prosecution for operating a second division vehicle, |
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| 1 | | medical
transport
vehicle, motor vehicle used for driver | 2 | | education training, or vehicle designed to carry 15 or fewer | 3 | | passengers operated by a
contract carrier as provided in this | 4 | | Section that is unsafe, as determined by
the standards | 5 | | prescribed in this Code.
| 6 | | (Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
| 7 | | (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
| 8 | | Sec. 13-103. Official testing stations - Fee - Permit - | 9 | | Bond. Upon the
payment of a fee of $50 $10 and the filing of an | 10 | | application
by the proprietor of a company or municipality any | 11 | | vehicle service station or public or private
garage upon forms | 12 | | furnished by the Department, accompanied by proof of
| 13 | | experience, training and ability of the operator of the | 14 | | testing
equipment, together with proof of installation of | 15 | | approved testing
equipment as defined in Section 13-102 and | 16 | | the giving of a bond
conditioned upon faithful observance of | 17 | | this Section and of rules and
regulations issued by the | 18 | | Department in the amount of $10,000 $1,000 with
security | 19 | | approved by the Department, the Department shall issue a | 20 | | permit
to the proprietor of such company or municipality | 21 | | vehicle service station or garage to
operate an Official | 22 | | Testing Station. Such permit shall expire 12 months
following | 23 | | its issuance, but may be renewed annually by complying
with | 24 | | the requirements set forth in this Section and upon the | 25 | | payment of a
renewal fee of $50 $10 . Proprietors of official |
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| 1 | | testing stations for
which permits have been issued prior to | 2 | | the effective date of this Act
may renew such permits for the | 3 | | renewal fee of $50 $10 on the expiration
of each 12 months | 4 | | following issuance of such permits, by complying with
the | 5 | | requirements set forth in this Section. However, any city, | 6 | | village or
incorporated town shall upon application to the | 7 | | Department and without
payment of any fee or filing of any | 8 | | bond, but upon proof of experience,
training and ability of | 9 | | the operator of the testing equipment, and proof
of the | 10 | | installation of approved testing equipment as defined in | 11 | | Section
13-102, be issued a permit to operate such testing | 12 | | station as an
Official Testing Station under this Act. The | 13 | | permit so
issued shall at all times be displayed in a prominent | 14 | | place in the official vehicle
service station, garage or | 15 | | municipal testing station which is licensed as
an Official | 16 | | Testing Station under this Act. No
person or company vehicle | 17 | | service station, garage or municipality municipal testing
| 18 | | station shall in any manner claim or represent himself or | 19 | | itself to be
an official testing station unless a permit has | 20 | | been issued to him or it
as provided in this Section.
| 21 | | Any person or municipality who or which has received a | 22 | | permit under
this Section may test his or its own second | 23 | | division
vehicles and issue certificates of safety and conduct | 24 | | emission inspections of
his or its own second division | 25 | | vehicles in accordance with the requirements of
Section | 26 | | 13-109.1 with respect to any such
second division vehicles |
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| 1 | | owned, operated or controlled by him or it.
| 2 | | Each such permit issued by the Department shall state on | 3 | | its face the
location of the official testing station to be | 4 | | operated under the permit and
safety tests shall be made only | 5 | | at such location. However, the
Department may, upon | 6 | | application, authorize a change in the
location of the | 7 | | official testing station and the removal of the testing
| 8 | | equipment to the new location. Upon approval of such | 9 | | application, the
Department shall issue an endorsement which | 10 | | the applicant shall affix to
his permit. Such endorsement | 11 | | constitutes authority for the applicant to
make such change in | 12 | | location and to remove his testing equipment at the
times and | 13 | | to the places stated in the endorsement.
| 14 | | (Source: P.A. 91-254, eff. 7-1-00.)
| 15 | | (625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
| 16 | | Sec. 13-103.1. Annual certification of certified safety | 17 | | testers and certified diesel emission testers - Fee - Renewal.
| 18 | | Only certified safety testers are authorized to perform safety | 19 | | tests and
affix Certificates of Safety to vehicles. The | 20 | | Department shall annually
certify those certified safety | 21 | | testers and certified diesel emission testers who have met its | 22 | | requirements. Certified safety Safety testers' and certified | 23 | | diesel emission testers'
certificates shall expire 12 months | 24 | | following the date of issue, but may
be renewed annually by | 25 | | complying with the requirements as established by the |
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| 1 | | Department.
| 2 | | (Source: P.A. 80-606.)
| 3 | | (625 ILCS 5/13-103.3) | 4 | | Sec. 13-103.3. Official portable emissions testing | 5 | | company; fee; permit; bond. Upon the payment of a fee of $50 | 6 | | $10 and the filing of an application by the proprietor of any | 7 | | vehicle service company upon forms furnished by the | 8 | | Department, accompanied by proof of experience, training, and | 9 | | ability of the operator of the testing equipment, together | 10 | | with proof of approved testing equipment as defined in Section | 11 | | 13-102 and the giving of a bond conditioned upon faithful | 12 | | observance of this Section and of rules adopted by the | 13 | | Department in the amount of $10,000 $1,000 with security | 14 | | approved by the Department, the Department shall issue a | 15 | | permit to the proprietor of the vehicle service company to | 16 | | operate an official portable emissions testing company. An | 17 | | official portable emissions testing company shall only conduct | 18 | | portable emissions inspections for diesel fleets with 5 or | 19 | | more diesel vehicles required to be inspected under subsection | 20 | | (a) of Section 13-109.1, and only at the fleet owner's place of | 21 | | business. A permit issued under this Section shall expire 12 | 22 | | months following its issuance, but may be renewed annually by | 23 | | complying with this Section and upon the payment of a renewal | 24 | | fee of $50 $10 . No person or vehicle service company shall | 25 | | operate as an official portable emissions testing company |
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| 1 | | without having been issued a permit as provided in this | 2 | | Section. | 3 | | A permittee under this Section may test second division | 4 | | vehicles owned, operated, or controlled by the permittee to | 5 | | conduct emission inspections of such vehicles in accordance | 6 | | with Section 13-109.1. A permittee under this Section may | 7 | | conduct interstate inspections on interstate carriers in | 8 | | accordance with 49 CFR Part 396. | 9 | | Each permit issued by the Department shall state on its | 10 | | face the location of the recordkeeping office of the | 11 | | proprietor of the official portable emissions testing company. | 12 | | However, the Department, upon application, may authorize a | 13 | | change in the location of the recordkeeping office. Upon the | 14 | | approval of such an application, the Department shall issue an | 15 | | endorsement to be fixed by the applicant to the permit. Such an | 16 | | endorsement constitutes authority for the applicant to make | 17 | | the change in location.
| 18 | | (Source: P.A. 102-566, eff. 1-1-22 .) | 19 | | (625 ILCS 5/13-103.4 new) | 20 | | Sec. 13-103.4. Official mobile safety testing company; | 21 | | fee; permit; bond. Upon the payment of a fee of $50 and the | 22 | | filing of an application by the proprietor of a company or | 23 | | municipality seeking to perform mobile safety inspections upon | 24 | | forms furnished by the Department, accompanied by proof of | 25 | | experience, training, and ability of the operator of the |
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| 1 | | testing equipment, together with proof of approved testing | 2 | | equipment as defined in Section 13-102 and the giving of a bond | 3 | | conditioned upon faithful observance of this Section and rules | 4 | | adopted by the Department in the amount of $10,000 with | 5 | | security approved by the Department, the Department shall | 6 | | issue a permit to the proprietor to operate an official mobile | 7 | | safety testing company. An official mobile safety testing | 8 | | company must maintain a physical office in this State. The | 9 | | permit shall expire 12 months following its issuance, but may | 10 | | be renewed annually by complying with the requirements set | 11 | | forth in this Section and upon the payment of a renewal fee of | 12 | | $50. The permit so issued shall at all times be displayed in a | 13 | | prominent place in the official mobile safety testing vehicle | 14 | | as well as at the required physical office of the testing | 15 | | company. No person or official mobile safety testing company | 16 | | shall in any manner claim or represent himself, herself, or | 17 | | itself to be an official mobile safety testing company unless | 18 | | a permit has been issued to the person or company as provided | 19 | | in this Section. | 20 | | Any person or municipality that has received a permit | 21 | | under this Section may test the second division vehicles owned | 22 | | by the person or municipality and issue certificates of safety | 23 | | vehicles owned by the person or municipality in accordance | 24 | | with the requirements of Section 13-109.1 with respect to any | 25 | | such vehicles owned, operated, or controlled by the person or | 26 | | municipality. |
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| 1 | | Each such permit issued by the Department shall state on | 2 | | its face the location of the physical office of the official | 3 | | mobile safety testing company. The physical office shall be | 4 | | the location in which all records are stored and retained. | 5 | | Official mobile safety testing companies shall only perform | 6 | | safety tests of vehicles at the vehicle owner's place of | 7 | | business with a 48-hour advance notice to the Department. The | 8 | | Department may, upon application, authorize a change in the | 9 | | location of the physical office to a new location. Upon the | 10 | | approval of such an application, the Department shall issue an | 11 | | endorsement, which the applicant shall affix to his or her | 12 | | permit. Such an endorsement constitutes authority for the | 13 | | applicant to operate. | 14 | | As used in this Section, "official mobile safety testing | 15 | | company" means a safety testing company permitted to test | 16 | | trucks, truck tractors, trailers, semi-trailers, and buses | 17 | | engaged in interstate commerce as defined Section 1-133 of | 18 | | this Code. The safety test shall be conducted in accordance | 19 | | with the Minimum Periodic Inspection Standards promulgated by | 20 | | the Federal Highway Administration of the United States | 21 | | Department of Transportation and contained in Appendix G to | 22 | | Subchapter B of Chapter III of Title 49 of the Code of Federal | 23 | | Regulations. | 24 | | The Department shall adopt rules to implement this | 25 | | Section. |
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| 1 | | (625 ILCS 5/13-105.2 new) | 2 | | Sec. 13-105.2. Inspection of official mobile safety | 3 | | testing companies. Employees specifically authorized by the | 4 | | Department to conduct inspections shall inspect all official | 5 | | mobile safety testing companies at frequent intervals. Such | 6 | | employees shall have access to all records relating to tests | 7 | | and work done or parts sold as a result of such tests, to | 8 | | ascertain whether the tests are properly, fairly, and honestly | 9 | | made, and may examine the owner of the official mobile safety | 10 | | testing company or any officer or employee thereof under oath.
| 11 | | (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
| 12 | | Sec. 13-106. Rates and charges by official testing | 13 | | stations , official mobile testing companies, and official | 14 | | portable emissions testing companies; schedule
to be filed. | 15 | | Every operator of an official testing station or official | 16 | | portable emissions testing company shall file with
the | 17 | | Department, in the manner prescribed by the Department, a | 18 | | schedule of
all rates and charges made by him for performing | 19 | | the tests
provided for in
Section 13-101 and Section 13-109.1. | 20 | | Such rate or charge shall include an
amount to reimburse
the | 21 | | operator of the official testing station or official portable | 22 | | emissions testing company for the purchase from the
Department
| 23 | | of the certificate of safety required by this chapter, not to | 24 | | exceed that
fee paid to the Department by the operator | 25 | | authorized by this chapter.
Such rates and charges shall be |
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| 1 | | just and reasonable and the Department upon
its own initiative | 2 | | or upon complaint of any person or corporation may require
the | 3 | | testing station operator to appear for a hearing and prove | 4 | | that the
rates so filed are just and reasonable. A "just and | 5 | | reasonable" rate or
charge, for the purposes of this Section, | 6 | | means a rate or charge which is
the same, or nearly the same, | 7 | | as the prevailing rate or charge for the same
or similar tests | 8 | | made in the community where the station is located. No
| 9 | | operator may change this schedule of rates and charges until | 10 | | the proposed
changes are filed with and approved by the | 11 | | Department. No license may be
issued to any official testing | 12 | | station or official portable emissions testing company unless | 13 | | the applicant has filed with
the Department a proposed | 14 | | schedule of rates and charges and unless such
rates and | 15 | | charges have been approved by the Department. No operator of
| 16 | | an official testing station or official portable emissions | 17 | | testing company shall charge more or less than the rates so
| 18 | | filed with and approved by the Department.
| 19 | | (Source: P.A. 102-566, eff. 1-1-22 .)
| 20 | | (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
| 21 | | Sec. 13-107. Investigation of complaints against official | 22 | | testing stations , official mobile testing companies, and | 23 | | official portable emissions testing companies. The Department | 24 | | shall, upon its own motion, or upon charges made in
writing | 25 | | verified under oath, investigate complaints that an official
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| 1 | | testing station or official portable emissions testing company | 2 | | is willfully falsifying records or tests,
either for the
| 3 | | purpose of selling parts or services not actually required, or | 4 | | for the
purpose of issuing a certificate of safety for a | 5 | | vehicle designed to carry 15
or fewer passengers operated by a | 6 | | contract carrier transporting
employees in the course of their | 7 | | employment on a highway of this State,
second division
| 8 | | vehicle,
or medical transport vehicle
that is not in safe | 9 | | mechanical condition as determined by the standards of
this | 10 | | Chapter in violation of the provisions of this Chapter or of | 11 | | the rules
and regulations issued by the Department.
| 12 | | The Secretary of Transportation, for the purpose of more | 13 | | effectively
carrying out the provisions of Chapter 13, may | 14 | | appoint such a number of
inspectors as he may deem necessary. | 15 | | Such inspectors shall inspect and
investigate applicants for | 16 | | official testing station or official portable emissions | 17 | | testing company permits and investigate
and report violations. | 18 | | With respect to enforcement of the
provisions of this Chapter | 19 | | 13, such inspectors shall have and may exercise
throughout the | 20 | | State all the powers of police officers.
| 21 | | The Secretary must authorize to each inspector and to any | 22 | | other employee of
the Department exercising the powers of a | 23 | | peace officer a distinct badge that,
on its face, (i) clearly | 24 | | states that the badge is authorized by the Department
and (ii) | 25 | | contains a unique identifying number. No other badge shall be
| 26 | | authorized by the Department.
Nothing in this Section |
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| 1 | | prohibits the Secretary from issuing shields or other
| 2 | | distinctive identification to employees not exercising the | 3 | | powers of a peace
officer if the Secretary determines that a | 4 | | shield or distinctive identification
is needed by the employee | 5 | | to carry out his or her responsibilities.
| 6 | | (Source: P.A. 102-566, eff. 1-1-22 .)
| 7 | | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
| 8 | | Sec. 13-108. Hearing on complaint against official testing | 9 | | station , official mobile testing company, or official portable | 10 | | emissions testing company; suspension or
revocation of permit. | 11 | | If it appears to the Department, either through its own | 12 | | investigation or
upon charges verified under oath, that any of | 13 | | the provisions of this
Chapter or the rules and regulations of | 14 | | the Department are being violated,
the Department shall, after | 15 | | notice to the person, firm, or corporation
charged with such | 16 | | violation, conduct a hearing. At least 10 days prior to
the | 17 | | date of such hearing the Department shall cause to be served | 18 | | upon the
person, firm, or corporation charged with such | 19 | | violation, a copy of such
charge or charges by registered mail | 20 | | or by the personal service thereof,
together with a notice | 21 | | specifying the time and place of such hearing. At
the time and | 22 | | place specified in such notice, the person, firm, or | 23 | | corporation
charged with such violation shall be given an | 24 | | opportunity to appear in
person or by counsel and to be heard | 25 | | by the Secretary of Transportation or
an officer or employee |
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| 1 | | of the Department designated in writing by him to
conduct such | 2 | | hearing. If it appears from the hearing that such person, | 3 | | firm,
or corporation is guilty of the charge preferred against | 4 | | the person, firm, or corporation, the
Secretary of | 5 | | Transportation may order the permit suspended or revoked, and
| 6 | | the bond forfeited. Any such revocation or suspension shall | 7 | | not be a bar to
subsequent arrest and prosecution for | 8 | | violation of this Chapter.
| 9 | | (Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
| 10 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| 11 | | (Text of Section before amendment by P.A. 102-982 )
| 12 | | Sec. 13-109. Safety test prior to application for
license - | 13 | | Subsequent tests - Repairs - Retest. | 14 | | (a) Except as otherwise provided in Chapter 13, each | 15 | | second division
vehicle, first division vehicle including a | 16 | | taxi which is used for a purpose that requires a school bus | 17 | | driver permit, and medical transport vehicle, except those | 18 | | vehicles other than
school buses or medical transport vehicles | 19 | | owned or operated by a municipal
corporation or political | 20 | | subdivision having a population of 1,000,000 or
more | 21 | | inhabitants which are subjected to safety tests imposed by | 22 | | local
ordinance or resolution, operated in whole or in part | 23 | | over the highways
of this State, motor vehicle used for driver | 24 | | education training, and each vehicle designed to carry 15 or | 25 | | fewer passengers
operated by a contract carrier transporting |
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| 1 | | employees in the course of
their employment
on a highway of | 2 | | this State, shall be subjected to the safety
test provided for | 3 | | in Chapter
13 of this Code. Tests shall be conducted at an | 4 | | official testing station
within 6 months prior to the | 5 | | application for registration as provided
for in this Code. | 6 | | Subsequently each vehicle shall be subject to tests (i) at
| 7 | | least every 6 months, (ii) in the case of school buses and | 8 | | first division vehicles including taxis which are used for a | 9 | | purpose that requires a school bus driver permit, at least | 10 | | every 6
months or 10,000 miles, whichever occurs first, (iii) | 11 | | in the case of driver education vehicles used by public high | 12 | | schools, at least every 12 months for vehicles over 5 model | 13 | | years of age or having an odometer reading of over 75,000 | 14 | | miles, whichever occurs first, or (iv) in the case of truck | 15 | | tractors, semitrailers, and property-carrying vehicles | 16 | | registered for a gross weight of more than 10,000 pounds but | 17 | | less than 26,001 pounds, at least every 12 months, and | 18 | | according to
schedules established by rules and regulations | 19 | | promulgated by the
Department. Any component subject to | 20 | | regular inspection which is
damaged in a reportable accident | 21 | | must be reinspected before the bus or first division vehicle | 22 | | including a taxi which is used for a purpose that requires a | 23 | | school bus driver permit is
returned to service.
| 24 | | (b) The Department shall also conduct periodic | 25 | | nonscheduled inspections
of school buses, of buses registered | 26 | | as charitable vehicles and of
religious organization buses. If |
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| 1 | | such inspection reveals that a vehicle is
not in substantial | 2 | | compliance with the rules promulgated by the Department,
the | 3 | | Department shall remove the Certificate of Safety from the | 4 | | vehicle, and
shall place the vehicle out-of-service. A bright | 5 | | orange, triangular decal
shall be placed on an out-of-service | 6 | | vehicle where the Certificate of
Safety has been removed. The | 7 | | vehicle must pass a safety test at an
official testing station | 8 | | before it is again placed in service.
| 9 | | (c) If the violation is not substantial a bright yellow, | 10 | | triangular
sticker shall be placed next to the Certificate of | 11 | | Safety at the time the
nonscheduled inspection is made. The | 12 | | Department shall reinspect the
vehicle after 3 working days to | 13 | | determine that the violation has been
corrected and remove the | 14 | | yellow, triangular decal. If the violation is not
corrected | 15 | | within 3 working days, the Department shall place the vehicle
| 16 | | out-of-service in accordance with procedures in subsection | 17 | | (b).
| 18 | | (d) If a violation is not substantial and does not | 19 | | directly affect the
safe operation of the vehicle, the | 20 | | Department shall issue a warning notice
requiring correction | 21 | | of the violation. Such correction shall be
accomplished as | 22 | | soon as practicable and a report of the correction shall be
| 23 | | made to the Department within 30 days in a manner established | 24 | | by the
Department. If the Department has not been advised that | 25 | | the corrections
have been made, and the violations still | 26 | | exist, the Department shall place
the vehicle out-of-service |
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| 1 | | in accordance with procedures in subsection
(b).
| 2 | | (e) The Department is authorized to promulgate regulations | 3 | | to implement its
program of nonscheduled inspections. Causing | 4 | | or allowing the operation of
an out-of-service vehicle with | 5 | | passengers or unauthorized removal of an
out-of-service | 6 | | sticker is a Class 3 felony. Causing or allowing the
operation | 7 | | of a vehicle with a 3-day sticker for longer than 3 days with | 8 | | the
sticker attached or the unauthorized removal of a 3-day | 9 | | sticker is a Class C
misdemeanor.
| 10 | | (f) If a second division vehicle, first division vehicle | 11 | | including a taxi which is used for a purpose that requires a | 12 | | school bus driver permit, medical transport vehicle, or
| 13 | | vehicle operated by a contract carrier as provided in | 14 | | subsection (a) of this
Section is in safe
mechanical | 15 | | condition, as determined pursuant to Chapter 13, the operator | 16 | | of
the official testing station must at once issue to the | 17 | | second division
vehicle, first division vehicle including a | 18 | | taxi which is used for a purpose that requires a school bus | 19 | | driver permit, or medical transport vehicle a certificate of | 20 | | safety, in the form
and manner prescribed by the Department, | 21 | | which shall be affixed to the
vehicle by the certified safety | 22 | | tester who performed the safety tests. The
owner of the second | 23 | | division vehicle, first division vehicle including a taxi | 24 | | which is used for a purpose that requires a school bus driver | 25 | | permit, or medical transport vehicle or the
contract carrier | 26 | | shall at
all times display the Certificate of Safety on the |
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| 1 | | second division vehicle, first division vehicle including a | 2 | | taxi which is used for a purpose that requires a school bus | 3 | | driver permit, medical transport vehicle, or vehicle operated | 4 | | by a contract carrier
in the manner prescribed by the | 5 | | Department.
| 6 | | (g) If a test shows that a second division vehicle, first | 7 | | division vehicle including a taxi which is used for a purpose | 8 | | that requires a school bus driver permit, medical
transport
| 9 | | vehicle, or vehicle operated by a contract carrier is not in | 10 | | safe
mechanical condition as provided in this Section, it
| 11 | | shall not be operated on the highways until it has been | 12 | | repaired and
submitted to a retest at an official testing | 13 | | station. If the owner or
contract carrier submits
the vehicle | 14 | | to a retest at
a
different official testing station from that | 15 | | where it failed to pass the
first test, he or she shall present | 16 | | to the operator of the second station the
report of the | 17 | | original test, and shall notify the Department in writing,
| 18 | | giving the name and address of the original testing station | 19 | | and the defects
which prevented the issuance of a Certificate | 20 | | of Safety, and the name and
address of the second official | 21 | | testing station making the retest.
| 22 | | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
| 23 | | (Text of Section after amendment by P.A. 102-982 ) | 24 | | Sec. 13-109. Safety test prior to application for
license - | 25 | | Subsequent tests - Repairs - Retest. |
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| 1 | | (a) Except as otherwise provided in Chapter 13, each | 2 | | second division
vehicle, first division vehicle including a | 3 | | taxi which is used for a purpose that requires a school bus | 4 | | driver permit, and medical transport vehicle, except those | 5 | | vehicles other than
school buses or medical transport vehicles | 6 | | owned or operated by a municipal
corporation or political | 7 | | subdivision having a population of 1,000,000 or
more | 8 | | inhabitants which are subjected to safety tests imposed by | 9 | | local
ordinance or resolution, operated in whole or in part | 10 | | over the highways
of this State, motor vehicle used for driver | 11 | | education training, and each vehicle designed to carry 15 or | 12 | | fewer passengers
operated by a contract carrier transporting | 13 | | employees in the course of
their employment
on a highway of | 14 | | this State, shall be subjected to the safety
test provided for | 15 | | in Chapter
13 of this Code. Tests shall be conducted at an | 16 | | official testing station
or by an official mobile safety | 17 | | testing company within 6 months prior to the application for | 18 | | registration as provided
for in this Code. Subsequently each | 19 | | vehicle shall be subject to tests (i) at
least every 6 months, | 20 | | (ii) in the case of school buses and first division vehicles | 21 | | including taxis which are used for a purpose that requires a | 22 | | school bus driver permit, at least every 6
months or 10,000 | 23 | | miles, whichever occurs first, (iii) in the case of driver | 24 | | education vehicles used by public high schools, at least every | 25 | | 12 months for vehicles over 5 model years of age or having an | 26 | | odometer reading of over 75,000 miles, whichever occurs first, |
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| 1 | | or (iv) in the case of truck tractors, semitrailers, and | 2 | | property-carrying vehicles registered for a gross weight of | 3 | | more than 10,000 pounds but less than 26,001 pounds, at least | 4 | | every 12 months, and according to
schedules established by | 5 | | rules and regulations promulgated by the
Department. Any | 6 | | component subject to regular inspection which is
damaged in a | 7 | | reportable crash must be reinspected before the bus or first | 8 | | division vehicle including a taxi which is used for a purpose | 9 | | that requires a school bus driver permit is
returned to | 10 | | service.
| 11 | | (b) The Department shall also conduct periodic | 12 | | nonscheduled inspections
of school buses, of buses registered | 13 | | as charitable vehicles and of
religious organization buses. If | 14 | | such inspection reveals that a vehicle is
not in substantial | 15 | | compliance with the rules promulgated by the Department,
the | 16 | | Department shall remove the Certificate of Safety from the | 17 | | vehicle, and
shall place the vehicle out-of-service. A bright | 18 | | orange, triangular decal
shall be placed on an out-of-service | 19 | | vehicle where the Certificate of
Safety has been removed. The | 20 | | vehicle must pass a safety test at an
official testing station | 21 | | or official mobile safety testing company before it is again | 22 | | placed in service.
| 23 | | (c) If the violation is not substantial a bright yellow, | 24 | | triangular
sticker shall be placed next to the Certificate of | 25 | | Safety at the time the
nonscheduled inspection is made. The | 26 | | Department shall reinspect the
vehicle after 3 working days to |
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| 1 | | determine that the violation has been
corrected and remove the | 2 | | yellow, triangular decal. If the violation is not
corrected | 3 | | within 3 working days, the Department shall place the vehicle
| 4 | | out-of-service in accordance with procedures in subsection | 5 | | (b).
| 6 | | (d) If a violation is not substantial and does not | 7 | | directly affect the
safe operation of the vehicle, the | 8 | | Department shall issue a warning notice
requiring correction | 9 | | of the violation. Such correction shall be
accomplished as | 10 | | soon as practicable and a report of the correction shall be
| 11 | | made to the Department within 30 days in a manner established | 12 | | by the
Department. If the Department has not been advised that | 13 | | the corrections
have been made, and the violations still | 14 | | exist, the Department shall place
the vehicle out-of-service | 15 | | in accordance with procedures in subsection
(b).
| 16 | | (e) The Department is authorized to promulgate regulations | 17 | | to implement its
program of nonscheduled inspections. Causing | 18 | | or allowing the operation of
an out-of-service vehicle with | 19 | | passengers or unauthorized removal of an
out-of-service | 20 | | sticker is a Class 3 felony. Causing or allowing the
operation | 21 | | of a vehicle with a 3-day sticker for longer than 3 days with | 22 | | the
sticker attached or the unauthorized removal of a 3-day | 23 | | sticker is a Class C
misdemeanor.
| 24 | | (f) If a second division vehicle, first division vehicle | 25 | | including a taxi which is used for a purpose that requires a | 26 | | school bus driver permit, medical transport vehicle, or
|
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| 1 | | vehicle operated by a contract carrier as provided in | 2 | | subsection (a) of this
Section is in safe
mechanical | 3 | | condition, as determined pursuant to Chapter 13, the operator | 4 | | of
the official testing station or official mobile safety | 5 | | testing company must at once issue to the second division
| 6 | | vehicle, first division vehicle including a taxi which is used | 7 | | for a purpose that requires a school bus driver permit, or | 8 | | medical transport vehicle a certificate of safety, in the form
| 9 | | and manner prescribed by the Department, which shall be | 10 | | affixed to the
vehicle by the certified safety tester who | 11 | | performed the safety tests. The
owner of the second division | 12 | | vehicle, first division vehicle including a taxi which is used | 13 | | for a purpose that requires a school bus driver permit, or | 14 | | medical transport vehicle or the
contract carrier shall at
all | 15 | | times display the Certificate of Safety on the second division | 16 | | vehicle, first division vehicle including a taxi which is used | 17 | | for a purpose that requires a school bus driver permit, | 18 | | medical transport vehicle, or vehicle operated by a contract | 19 | | carrier
in the manner prescribed by the Department.
| 20 | | (g) If a test shows that a second division vehicle, first | 21 | | division vehicle including a taxi which is used for a purpose | 22 | | that requires a school bus driver permit, medical
transport
| 23 | | vehicle, or vehicle operated by a contract carrier is not in | 24 | | safe
mechanical condition as provided in this Section, it
| 25 | | shall not be operated on the highways until it has been | 26 | | repaired and
submitted to a retest at an official testing |
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| 1 | | station or official mobile safety testing company . If the | 2 | | owner or
contract carrier submits
the vehicle to a retest at
a
| 3 | | different official testing station or official mobile safety | 4 | | testing company from that where it failed to pass the
first | 5 | | test, he or she shall present to the operator of the second | 6 | | station the
report of the original test, and shall notify the | 7 | | Department in writing,
giving the name and address of the | 8 | | original testing station or official mobile safety testing | 9 | | company and the defects
which prevented the issuance of a | 10 | | Certificate of Safety, and the name and
address of the second | 11 | | official testing station or official mobile safety testing | 12 | | company making the retest.
| 13 | | (Source: P.A. 102-982, eff. 7-1-23.)
| 14 | | (625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110)
| 15 | | Sec. 13-110. Certificate of safety. (a) Certificates of | 16 | | Safety shall be
in contrasting colors, with a number on the | 17 | | face of the Certificate indicating
the month of the next | 18 | | inspection period the vehicle is subject to inspection.
| 19 | | Certificates for school buses shall also indicate the mileage | 20 | | at which the
school bus shall be subject to inspection if it | 21 | | occurs before the next regular
inspection period. The colors | 22 | | of Certificates of Safety shall be prescribed
by the | 23 | | Department.
| 24 | | (b) Certificates of Safety, which remain the property of | 25 | | the State of
Illinois, will be provided to Official Testing |
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| 1 | | Stations and official mobile safety testing companies by the | 2 | | Department
at the fee of $1 each. Certificates of Safety which | 3 | | remain
unused at the end of each inspection period will be | 4 | | redeemed for the same
amount in a manner prescribed by the | 5 | | Department.
| 6 | | (c) Nothing in this Chapter shall be construed as a | 7 | | suggestion or direction
to any owner to require him to have any | 8 | | repairs made or any work done by
any official testing station | 9 | | or official mobile safety testing company , but all tests must | 10 | | be made at an official
testing station to secure the issuance | 11 | | of a certificate of safety, and no
certificate of safety | 12 | | issued by any other than an official testing station or | 13 | | official mobile safety testing company
shall be deemed a | 14 | | compliance with this Chapter.
| 15 | | (Source: P.A. 83-311.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.".
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