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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0452
625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
Amends the Illinois Vehicle Code to provide that any taxi
cab operating in a municipality with a population of more
than 1,000,000 is subject to inspection by the Department of
Transportation. Provides that a home rule unit may not
regulate taxi cabs in a manner inconsistent with these
provisions.
LRB9002950NTsb
LRB9002950NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 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 Section 13-101 as follows:
7 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
8 Sec. 13-101. Submission to safety test; Certificate of
9 safety. To promote the safety of the general public, every
10 owner of a second division vehicle, medical transport
11 vehicle, or tow truck shall, before operating it upon the
12 highways of Illinois, submit it to a "safety test" and secure
13 a certificate of safety furnished by the Department as set
14 forth in Section 13-109. Each second division motor vehicle
15 that pulls or draws a trailer, semitrailer or pole trailer,
16 with a gross weight of more than 8,000 lbs or is registered
17 for a gross weight of more than 8,000 lbs, motor bus,
18 religious organization bus, school bus, senior citizen
19 transportation vehicle, and limousine , and taxi cab
20 operating in a municipality with a population of more than
21 1,000,000 shall be subject to inspection by the Department
22 and the Department is authorized to establish rules and
23 regulations for the implementation of such inspections.
24 The owners of each salvage vehicle shall submit it to a
25 "safety test" and secure a certificate of safety furnished by
26 the Department prior to its salvage vehicle inspection
27 pursuant to Section 3-308 of this Code.
28 However, none of the provisions of Chapter 13 requiring
29 safety tests or a certificate of safety shall apply to:
30 (a) farm tractors, machinery and implements,
31 wagons, wagon-trailers or like farm vehicles used
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1 primarily in agricultural pursuits;
2 (b) vehicles other than school buses, tow trucks
3 and medical transport vehicles owned or operated by a
4 municipal corporation or political subdivision having a
5 population of 1,000,000 or more inhabitants and which are
6 subject to safety tests imposed by local ordinance or
7 resolution;
8 (c) a semitrailer or trailer having a gross weight
9 of 5,000 pounds or less including vehicle weight and
10 maximum load;
11 (d) recreational vehicles;
12 (e) vehicles registered as and displaying Illinois
13 antique vehicle plates;
14 (f) house trailers equipped and used for living
15 quarters;
16 (g) vehicles registered as and displaying Illinois
17 permanently mounted equipment plates or similar vehicles
18 eligible therefor but registered as governmental vehicles
19 provided that if said vehicle is reclassified from a
20 permanently mounted equipment plate so as to lose the
21 exemption of not requiring a certificate of safety, such
22 vehicle must be safety tested within 30 days of the
23 reclassification;
24 (h) vehicles owned or operated by a manufacturer,
25 dealer or transporter displaying a special plate or
26 plates as described in Chapter 3 of this Code while such
27 vehicle is being delivered from the manufacturing or
28 assembly plant directly to the purchasing dealership or
29 distributor, or being temporarily road driven for quality
30 control testing, or from one dealer or distributor to
31 another, or are being moved by the most direct route from
32 one location to another for the purpose of installing
33 special bodies or equipment, or driven for purposes of
34 demonstration by a prospective buyer with the dealer or
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1 his agent present in the cab of the vehicle during the
2 demonstration;
3 (i) pole trailers and auxiliary axles;
4 (j) special mobile equipment;
5 (k) vehicles properly registered in another State
6 pursuant to law and displaying a valid registration
7 plate;
8 (l) water-well boring apparatuses or rigs;
9 (m) any vehicle which is owned and operated by the
10 federal government and externally displays evidence of
11 such ownership; and
12 (n) second division vehicles registered for a gross
13 weight of 8,000 pounds or less, except when such second
14 division motor vehicles pull or draw a trailer,
15 semi-trailer or pole trailer having a gross weight of or
16 registered for a gross weight of more than 8,000 pounds;
17 motor buses; religious organization buses; school buses;
18 senior citizen transportation vehicles; medical transport
19 vehicles and tow trucks.
20 The safety test shall include the testing and inspection
21 of brakes, lights, horns, reflectors, rear vision mirrors,
22 mufflers, safety chains, windshields and windshield wipers,
23 warning flags and flares, frame, axle, cab and body, or cab
24 or body, wheels, steering apparatus, and other safety devices
25 and appliances required by this Code and such other safety
26 tests as the Department may by rule or regulation require,
27 for second division vehicles, school buses, medical transport
28 vehicles, tow trucks, trailers, and semitrailers, and
29 taxicabs subject to inspection.
30 For tow trucks, the safety test and inspection shall also
31 include the inspection of winch mountings, body panels, body
32 mounts, wheel lift swivel points, and sling straps, and other
33 tests and inspections the Department by rule requires for tow
34 trucks.
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1 For trucks, truck tractors, trailers, semi-trailers, and
2 buses, the safety test shall be conducted in accordance with
3 the Minimum Periodic Inspection Standards promulgated by the
4 Federal Highway Administration of the U.S. Department of
5 Transportation and contained in Appendix G to Subchapter B of
6 Chapter III of Title 49 of the Code of Federal Regulations.
7 Those standards, as now in effect, are made a part of this
8 Code, in the same manner as though they were set out in full
9 in this Code.
10 The passing of the safety test shall not be a bar at any
11 time to prosecution for operating a second division vehicle
12 or medical transport vehicle which is unsafe as determined by
13 the standards prescribed in this Code.
14 As used in this Section, "taxi cab" means any privately
15 owned first division vehicle intended to be used for the
16 transportation of persons for-hire when the payment is based
17 on a meter charge.
18 A home rule unit may not regulate taxi cabs in a manner
19 inconsistent with the regulation by the State of taxi cabs
20 under this Section. This paragraph is a limitation under
21 subsection (i) of Section 6 of Article VII of the Illinois
22 Constitution on the concurrent exercise by home rule units of
23 powers and functions exercised by the State.
24 (Source: P.A. 89-433, eff. 12-15-95.)