State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

90_HB1494

      625 ILCS 5/7-606          from Ch. 95 1/2, par. 7-606
      625 ILCS 5/13-101         from Ch. 95 1/2, par. 13-101
          Amends the Illinois  Vehicle  Code.   Provides  that  the
      Secretary  of  State  may  not  terminate  the  suspension of
      registration of an uninsured motor  vehicle  involved  in  an
      accident  until  any tow truck has been reimbursed for towing
      the  uninsured  motor  vehicle.   Provides  that   provisions
      requiring  safety  tests  or  a  certificate of safety do not
      apply to motor vehicles used to transport grain.    Effective
      immediately.
                                                     LRB9002923NTsb
                                               LRB9002923NTsb
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Sections 7-606 and 13-101.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Sections 7-606 and 13-101 as follows:
 7        (625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
 8        Sec. 7-606.  Uninsured motor vehicles  -  suspension  and
 9    reinstatement.    The  Secretary  shall  suspend  the vehicle
10    registration of any motor vehicle determined by the Secretary
11    to be in violation of Section 7-601 of this  Code,  including
12    any  motor  vehicle  operated  in violation of Section 3-707,
13    3-708 or 3-710 of this Code by an  operator  other  than  the
14    owner  of  the vehicle.  Neither the fact that, subsequent to
15    the date of verification or conviction,  the  owner  acquired
16    the required liability insurance policy nor the fact that the
17    owner  terminated  ownership  of the motor vehicle shall have
18    any bearing upon the Secretary's decision to suspend.
19        The Secretary is authorized to suspend  the  registration
20    of  any motor vehicle registered in this State upon receiving
21    notice of the conviction of the operator of the motor vehicle
22    in another State of an offense which, if  committed  in  this
23    State,  would constitute a violation of Section 7-601 of this
24    Code.
25        Until it is terminated, the suspension  shall  remain  in
26    force after the registration is renewed or a new registration
27    is acquired for the motor vehicle.  The suspension also shall
28    apply  to  any motor vehicle to which the owner transfers the
29    registration.
30        In the case of a first  violation,  the  Secretary  shall
31    terminate  the  suspension  upon  payment  by  the owner of a
                            -2-                LRB9002923NTsb
 1    reinstatement  fee  of  $100  and  submission  of  proof   of
 2    insurance  as  prescribed  by  the  Secretary.  However,  the
 3    Secretary  may  not terminate the suspension if the uninsured
 4    motor vehicle was involved in a motor vehicle accident until,
 5    in addition, any tow truck has been reimbursed for towing the
 6    uninsured motor vehicle.
 7        In the case of a second  or  subsequent  violation  by  a
 8    person  having  ownership  interest  in  a  motor  vehicle or
 9    vehicles within the preceding 4  years,  or  a  violation  of
10    Section 3-708 of this Code, the Secretary shall terminate the
11    suspension  4 months after its effective date upon payment by
12    the owner of a reinstatement fee of $100  and  submission  of
13    proof  of  insurance as prescribed by the Secretary. However,
14    the  Secretary  may  not  terminate  the  suspension  if  the
15    uninsured motor vehicle  was  involved  in  a  motor  vehicle
16    accident   until,   in  addition,  any  tow  truck  has  been
17    reimbursed for towing the uninsured motor vehicle.
18        All fees collected under this Section shall be  deposited
19    into the Road Fund of the State treasury.
20    (Source: P.A. 88-315.)
21        (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
22        Sec.  13-101.  Submission  to safety test; Certificate of
23    safety.  To promote the safety of the general  public,  every
24    owner   of  a  second  division  vehicle,  medical  transport
25    vehicle, or tow truck shall, before  operating  it  upon  the
26    highways of Illinois, submit it to a "safety test" and secure
27    a  certificate  of  safety furnished by the Department as set
28    forth in Section 13-109. Each second division  motor  vehicle
29    that  pulls  or draws a trailer, semitrailer or pole trailer,
30    with a gross weight of more than 8,000 lbs or  is  registered
31    for  a  gross  weight  of  more  than  8,000  lbs, motor bus,
32    religious  organization  bus,  school  bus,  senior   citizen
33    transportation  vehicle,  and  limousine  shall be subject to
                            -3-                LRB9002923NTsb
 1    inspection by the Department and the Department is authorized
 2    to establish rules and regulations for the  implementation of
 3    such inspections.
 4        The owners of each salvage vehicle shall submit it  to  a
 5    "safety test" and secure a certificate of safety furnished by
 6    the  Department  prior  to  its  salvage  vehicle  inspection
 7    pursuant to Section 3-308 of this Code.
 8        However,  none  of the provisions of Chapter 13 requiring
 9    safety tests or a certificate of safety shall apply to:
10             (a)  farm  tractors,   machinery   and   implements,
11        wagons,  wagon-trailers, motor vehicles used to transport
12        grain,  or  like  farm   vehicles   used   primarily   in
13        agricultural pursuits;
14             (b)  vehicles  other  than  school buses, tow trucks
15        and medical transport vehicles owned  or  operated  by  a
16        municipal  corporation  or political subdivision having a
17        population of 1,000,000 or more inhabitants and which are
18        subject to safety tests imposed  by  local  ordinance  or
19        resolution;
20             (c)  a  semitrailer or trailer having a gross weight
21        of 5,000 pounds or  less  including  vehicle  weight  and
22        maximum load;
23             (d)  recreational vehicles;
24             (e)  vehicles  registered as and displaying Illinois
25        antique vehicle plates;
26             (f)  house trailers equipped  and  used  for  living
27        quarters;
28             (g)  vehicles  registered as and displaying Illinois
29        permanently mounted equipment plates or similar  vehicles
30        eligible therefor but registered as governmental vehicles
31        provided  that  if  said  vehicle  is reclassified from a
32        permanently mounted equipment plate so  as  to  lose  the
33        exemption  of not requiring a certificate of safety, such
34        vehicle must be safety  tested  within  30  days  of  the
                            -4-                LRB9002923NTsb
 1        reclassification;
 2             (h)  vehicles  owned  or operated by a manufacturer,
 3        dealer or  transporter  displaying  a  special  plate  or
 4        plates  as described in Chapter 3 of this Code while such
 5        vehicle is being  delivered  from  the  manufacturing  or
 6        assembly  plant  directly to the purchasing dealership or
 7        distributor, or being temporarily road driven for quality
 8        control testing, or from one  dealer  or  distributor  to
 9        another, or are being moved by the most direct route from
10        one  location  to  another  for the purpose of installing
11        special bodies or equipment, or driven  for  purposes  of
12        demonstration  by  a prospective buyer with the dealer or
13        his agent present in the cab of the  vehicle  during  the
14        demonstration;
15             (i)  pole trailers and auxiliary axles;
16             (j)  special mobile equipment;
17             (k)  vehicles  properly  registered in another State
18        pursuant to  law  and  displaying  a  valid  registration
19        plate;
20             (l)  water-well boring apparatuses or rigs;
21             (m)  any  vehicle which is owned and operated by the
22        federal government and externally  displays  evidence  of
23        such ownership; and
24             (n)  second division vehicles registered for a gross
25        weight  of  8,000 pounds or less, except when such second
26        division  motor  vehicles  pull  or   draw   a   trailer,
27        semi-trailer  or pole trailer having a gross weight of or
28        registered for a gross weight of more than 8,000  pounds;
29        motor  buses; religious organization buses; school buses;
30        senior citizen transportation vehicles; medical transport
31        vehicles and tow trucks.
32        The safety test shall include the testing and  inspection
33    of  brakes,  lights,  horns, reflectors, rear vision mirrors,
34    mufflers, safety chains, windshields and  windshield  wipers,
                            -5-                LRB9002923NTsb
 1    warning  flags  and flares, frame, axle, cab and body, or cab
 2    or body, wheels, steering apparatus, and other safety devices
 3    and appliances required by this Code and  such  other  safety
 4    tests  as  the  Department may by rule or regulation require,
 5    for second division vehicles, school buses, medical transport
 6    vehicles, tow trucks, trailers and  semitrailers  subject  to
 7    inspection.
 8        For tow trucks, the safety test and inspection shall also
 9    include  the inspection of winch mountings, body panels, body
10    mounts, wheel lift swivel points, and sling straps, and other
11    tests and inspections the Department by rule requires for tow
12    trucks.
13        For trucks, truck tractors, trailers, semi-trailers,  and
14    buses,  the safety test shall be conducted in accordance with
15    the Minimum Periodic Inspection Standards promulgated by  the
16    Federal  Highway  Administration  of  the  U.S. Department of
17    Transportation and contained in Appendix G to Subchapter B of
18    Chapter III of Title 49 of the Code of  Federal  Regulations.
19    Those  standards,  as  now in effect, are made a part of this
20    Code, in the same manner as though they were set out in  full
21    in this Code.
22        The  passing of the safety test shall not be a bar at any
23    time to prosecution for operating a second  division  vehicle
24    or medical transport vehicle which is unsafe as determined by
25    the standards prescribed in this Code.
26    (Source: P.A. 89-433, eff. 12-15-95.)
27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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