State of Illinois
92nd General Assembly

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HB2218 Enrolled                               LRB9203927DHcsB

 1        AN ACT in relation to vehicles.

 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
 5    changing  Sections  3-408,  8-101,  13-101,  13-107,  13-109,
 6    18b-101, and 18b-105 and adding Section 18b-106.1 as follows:

 7        (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
 8        Sec.  3-408.  Grounds  for   refusing   registration   or
 9    certificate  of  title.  The  Secretary of State shall refuse
10    registration or any transfer of registration upon any of  the
11    following grounds:
12        1.  That the application contains any false or fraudulent
13    statement  or  that  the  applicant  has  failed  to  furnish
14    required  information  or  reasonable  additional information
15    requested by the Secretary of State or that the applicant  is
16    not  entitled  to  the  issuance of a certificate of title or
17    registration of the vehicle under Chapter 3;
18        2.  That the Secretary of State has reasonable ground  to
19    believe  that the vehicle is a stolen or embezzled vehicle or
20    that the granting of registration would  constitute  a  fraud
21    against  the rightful owner or other person having valid lien
22    upon such vehicle;
23        3.  That the registration of the vehicle stands suspended
24    or revoked for any reason as provided  in  the  motor-vehicle
25    laws of this State;
26        4.  That the required fee has not been paid;
27        5.  (a)  In  the  case  of medical transport vehicles and
28    vehicles designed to carry 15 or fewer passengers operated by
29    a contract carrier transporting employees in  the  course  of
30    their  employment  on  a  highway  of  this  State,  that the
31    application does not contain a copy of  a  completed  Vehicle
HB2218 Enrolled             -2-               LRB9203927DHcsB
 1    Inspection  Report issued by the Department of Transportation
 2    which certifies that the vehicle has been determined to be in
 3    safe mechanical  condition  by  a  safety  test  administered
 4    within the preceding 6 months; and (b) in the case of medical
 5    transport  vehicles, other than vehicles owned or operated by
 6    a   unit   of   local   government,   proof   of    financial
 7    responsibility; or
 8        6.  That  the  applicant is 90 days or more delinquent in
 9    court ordered child support payments or has been  adjudicated
10    in  arrears in an amount equal to 90 days' obligation or more
11    and has been found in contempt of court for  failure  to  pay
12    the  support,  subject  to the requirements and procedures of
13    Article VII of Chapter 7 of the Illinois Vehicle Code.
14    (Source: P.A. 90-733, eff. 8-11-98.)

15        (625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
16        Sec. 8-101.  Proof of financial responsibility -  Persons
17    who  operate  motor  vehicles in transportation of passengers
18    for hire. It is unlawful for any person, firm or  corporation
19    to  operate any motor vehicle along or upon any public street
20    or highway in any incorporated city, town or village in  this
21    State  for the carriage of passengers for hire, accepting and
22    discharging all such persons  as  may  offer  themselves  for
23    transportation  unless  such  person, firm or corporation has
24    given, and there is in full force and effect and on file with
25    the Secretary  of  State  of  Illinois,  proof  of  financial
26    responsibility provided in this Act. In addition this Section
27    shall also apply to persons, firms or corporations who are in
28    the  business of providing transportation services for minors
29    to or from educational  or  recreational  facilities,  except
30    that this Section shall not apply to public utilities subject
31    to  regulation  under  "An  Act concerning public utilities,"
32    approved June 29, 1921, as amended, or to school buses  which
33    are  operated  by public or parochial schools and are engaged
HB2218 Enrolled             -3-               LRB9203927DHcsB
 1    solely in the transportation of the pupils  who  attend  such
 2    schools.    This  Section  also applies to a contract carrier
 3    transporting employees in the course of their employment on a
 4    highway of this State in a vehicle designed to  carry  15  or
 5    fewer passengers.  This Section shall not apply to any person
 6    participating  in  a  ridesharing  arrangement or operating a
 7    commuter van, but only during the performance  of  activities
 8    authorized by the Ridesharing Arrangements Act.
 9        If  the  person  operating  such motor vehicle is not the
10    owner, then proof of financial responsibility filed hereunder
11    must provide that the owner is primarily liable.
12    (Source: P.A. 82-656.)

13        (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
14        Sec. 13-101.  Submission to safety test;  Certificate  of
15    safety.   To  promote the safety of the general public, every
16    owner  of  a  second  division  vehicle,  medical   transport
17    vehicle,  or  tow  truck,  or  contract  carrier transporting
18    employees in the course of their employment on a  highway  of
19    this  State  in  a  vehicle  designed  to  carry  15 or fewer
20    passengers shall, before operating the vehicle  it  upon  the
21    highways of Illinois, submit it to a "safety test" and secure
22    a  certificate  of  safety furnished by the Department as set
23    forth in Section 13-109. Each second division  motor  vehicle
24    that  pulls  or draws a trailer, semitrailer or pole trailer,
25    with a gross weight of more than 8,000 lbs or  is  registered
26    for  a  gross  weight  of  more  than  8,000  lbs, motor bus,
27    religious  organization  bus,  school  bus,  senior   citizen
28    transportation  vehicle,  and  limousine  shall be subject to
29    inspection by the Department and the Department is authorized
30    to establish rules and regulations for the  implementation of
31    such inspections.
32        The owners of each salvage vehicle shall submit it  to  a
33    "safety test" and secure a certificate of safety furnished by
HB2218 Enrolled             -4-               LRB9203927DHcsB
 1    the  Department  prior  to  its  salvage  vehicle  inspection
 2    pursuant to Section 3-308 of this Code.
 3        However,  none  of the provisions of Chapter 13 requiring
 4    safety tests or a certificate of safety shall apply to:
 5             (a)  farm  tractors,   machinery   and   implements,
 6        wagons,   wagon-trailers   or  like  farm  vehicles  used
 7        primarily in agricultural pursuits;
 8             (b)  vehicles other than school  buses,  tow  trucks
 9        and  medical  transport  vehicles  owned or operated by a
10        municipal corporation or political subdivision  having  a
11        population of 1,000,000 or more inhabitants and which are
12        subject  to  safety  tests  imposed by local ordinance or
13        resolution;
14             (c)  a semitrailer or trailer having a gross  weight
15        of  5,000  pounds  or  less  including vehicle weight and
16        maximum load;
17             (d)  recreational vehicles;
18             (e)  vehicles registered as and displaying  Illinois
19        antique vehicle plates;
20             (f)  house  trailers  equipped  and  used for living
21        quarters;
22             (g)  vehicles registered as and displaying  Illinois
23        permanently  mounted equipment plates or similar vehicles
24        eligible therefor but registered as governmental vehicles
25        provided that if said  vehicle  is  reclassified  from  a
26        permanently  mounted  equipment  plate  so as to lose the
27        exemption of not requiring a certificate of safety,  such
28        vehicle  must  be  safety  tested  within  30 days of the
29        reclassification;
30             (h)  vehicles owned or operated by  a  manufacturer,
31        dealer  or  transporter  displaying  a  special  plate or
32        plates as described in Chapter 3 of this Code while  such
33        vehicle  is  being  delivered  from  the manufacturing or
34        assembly plant directly to the purchasing  dealership  or
HB2218 Enrolled             -5-               LRB9203927DHcsB
 1        distributor, or being temporarily road driven for quality
 2        control  testing,  or  from  one dealer or distributor to
 3        another, or are being moved by the most direct route from
 4        one location to another for  the  purpose  of  installing
 5        special  bodies  or  equipment, or driven for purposes of
 6        demonstration by a prospective buyer with the  dealer  or
 7        his  agent  present  in the cab of the vehicle during the
 8        demonstration;
 9             (i)  pole trailers and auxiliary axles;
10             (j)  special mobile equipment;
11             (k)  vehicles properly registered in  another  State
12        pursuant  to  law  and  displaying  a  valid registration
13        plate;
14             (l)  water-well boring apparatuses or rigs;
15             (m)  any vehicle which is owned and operated by  the
16        federal  government  and  externally displays evidence of
17        such ownership; and
18             (n)  second division vehicles registered for a gross
19        weight of 8,000 pounds or less, except when  such  second
20        division   motor   vehicles   pull  or  draw  a  trailer,
21        semi-trailer or pole trailer having a gross weight of  or
22        registered  for a gross weight of more than 8,000 pounds;
23        motor buses; religious organization buses; school  buses;
24        senior citizen transportation vehicles; medical transport
25        vehicles and tow trucks.
26        The  safety test shall include the testing and inspection
27    of brakes, lights, horns, reflectors,  rear  vision  mirrors,
28    mufflers,  safety  chains, windshields and windshield wipers,
29    warning flags and flares, frame, axle, cab and body,  or  cab
30    or body, wheels, steering apparatus, and other safety devices
31    and  appliances  required  by this Code and such other safety
32    tests as the Department may by rule  or  regulation  require,
33    for second division vehicles, school buses, medical transport
34    vehicles,  tow trucks, vehicles designed to carry 15 or fewer
HB2218 Enrolled             -6-               LRB9203927DHcsB
 1    passengers  operated  by  a  contract  carrier   transporting
 2    employees  in  the course of their employment on a highway of
 3    this State, trailers, and semitrailers subject to inspection.
 4        For tow trucks, the safety test and inspection shall also
 5    include the inspection of winch mountings, body panels,  body
 6    mounts, wheel lift swivel points, and sling straps, and other
 7    tests and inspections the Department by rule requires for tow
 8    trucks.
 9        For  trucks, truck tractors, trailers, semi-trailers, and
10    buses, the safety test shall be conducted in accordance  with
11    the  Minimum Periodic Inspection Standards promulgated by the
12    Federal Highway Administration  of  the  U.S.  Department  of
13    Transportation and contained in Appendix G to Subchapter B of
14    Chapter  III  of Title 49 of the Code of Federal Regulations.
15    Those standards, as now in effect, are made a  part  of  this
16    Code,  in the same manner as though they were set out in full
17    in this Code.
18        The passing of the safety test shall not be a bar at  any
19    time  to prosecution for operating a second division vehicle,
20    or medical transport vehicle, or vehicle designed to carry 15
21    or  fewer  passengers  operated  by  a  contract  carrier  as
22    provided in this Section which is unsafe as determined by the
23    standards prescribed in this Code.
24    (Source: P.A. 89-433, eff. 12-15-95.)

25        (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
26        Sec. 13-107. Investigation of complaints against official
27    testing stations. The Department shall, upon its own  motion,
28    or   upon  charges  made  in  writing  verified  under  oath,
29    investigate complaints that an official  testing  station  is
30    willfully falsifying records or tests, either for the purpose
31    of  selling  parts  or services not actually required, or for
32    the purpose of issuing a certificate of safety for a  vehicle
33    designed  to  carry  15  or  fewer  passengers  operated by a
HB2218 Enrolled             -7-               LRB9203927DHcsB
 1    contract carrier transporting  employees  in  the  course  of
 2    their  employment on a highway of this State, second division
 3    vehicle, or medical transport vehicle that  is  not  in  safe
 4    mechanical  condition  as determined by the standards of this
 5    Chapter in violation of the provisions of this Chapter or  of
 6    the rules and regulations issued by the Department.
 7        The  Secretary of Transportation, for the purpose of more
 8    effectively carrying out the provisions of  Chapter  13,  may
 9    appoint such a number of inspectors as he may deem necessary.
10    Such  inspectors shall inspect and investigate applicants for
11    official testing station permits and investigate  and  report
12    violations.  With respect to enforcement of the provisions of
13    this Chapter 13, such inspectors shall have and may  exercise
14    throughout the State all the powers of police officers.
15        The Secretary must authorize to each inspector and to any
16    other  employee  of the Department exercising the powers of a
17    peace officer a distinct badge that, on its face, (i) clearly
18    states that the badge is authorized  by  the  Department  and
19    (ii)  contains  a  unique identifying number.  No other badge
20    shall be authorized by the Department.
21    (Source: P.A. 91-883, eff. 1-1-01.)

22        (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
23        Sec.  13-109.   Safety  test  prior  to  application  for
24    license - Subsequent tests - Repairs - Retest.
25        (a)  Except as otherwise provided  in  Chapter  13,  each
26    second division vehicle and medical transport vehicle, except
27    those  vehicles  other than school buses or medical transport
28    vehicles owned or operated  by  a  municipal  corporation  or
29    political  subdivision  having  a  population of 1,000,000 or
30    more inhabitants which are subjected to safety tests  imposed
31    by  local  ordinance  or  resolution, operated in whole or in
32    part over the  highways  of  this  State,  and  each  vehicle
33    designed  to  carry  15  or  fewer  passengers  operated by a
HB2218 Enrolled             -8-               LRB9203927DHcsB
 1    contract carrier transporting  employees  in  the  course  of
 2    their  employment  on  a  highway  of  this  State,  shall be
 3    subjected to the safety test provided for in  Chapter  13  of
 4    this  Code.   Tests shall be conducted at an official testing
 5    station  within  6  months  prior  to  the  application   for
 6    registration as provided for in this Code.  Subsequently each
 7    vehicle  shall  be  subject to tests at least every 6 months,
 8    and in the case of school buses at least every  6  months  or
 9    10,000   miles  whichever  occurs  first,  and  according  to
10    schedules established by rules and regulations promulgated by
11    the Department.  Any component subject to regular  inspection
12    which is damaged in a reportable accident must be reinspected
13    before the bus is returned to service.
14        (b)  The   Department   shall   also   conduct   periodic
15    nonscheduled inspections of school buses, of buses registered
16    as  charitable  vehicles and of religious organization buses.
17    If  such  inspection  reveals  that  a  vehicle  is  not   in
18    substantial  compliance  with  the  rules  promulgated by the
19    Department, the Department shall remove  the  Certificate  of
20    Safety   from  the  vehicle,  and  shall  place  the  vehicle
21    out-of-service.  A bright orange, triangular decal  shall  be
22    placed  on an out-of-service vehicle where the Certificate of
23    Safety has been removed.  The vehicle must pass a safety test
24    at an official testing station before it is again  placed  in
25    service.
26        (c)  If the violation is not substantial a bright yellow,
27    triangular sticker shall be placed next to the Certificate of
28    Safety  at the time the nonscheduled inspection is made.  The
29    Department shall reinspect the vehicle after 3  working  days
30    to determine that the violation has been corrected and remove
31    the  yellow,  triangular  decal.   If  the  violation  is not
32    corrected within 3 working days, the Department  shall  place
33    the  vehicle  out-of-service in accordance with procedures in
34    subsection (b).
HB2218 Enrolled             -9-               LRB9203927DHcsB
 1        (d)  If a violation  is  not  substantial  and  does  not
 2    directly  affect  the  safe  operation  of  the  vehicle, the
 3    Department shall issue a warning notice requiring  correction
 4    of  the  violation.  Such correction shall be accomplished as
 5    soon as practicable and a report of the correction  shall  be
 6    made to the Department within 30 days in a manner established
 7    by  the  Department.   If the Department has not been advised
 8    that the corrections have been made, and the violations still
 9    exist, the Department shall place the vehicle  out-of-service
10    in accordance with procedures in subsection (b).
11        (e)  The   Department   is   authorized   to   promulgate
12    regulations   to   implement   its  program  of  nonscheduled
13    inspections.   Causing  or  allowing  the  operation  of   an
14    out-of-service   vehicle   with  passengers  or  unauthorized
15    removal of an out-of-service sticker is  a  Class  3  felony.
16    Causing  or  allowing the operation of a vehicle with a 3-day
17    sticker for longer than 3 days with the sticker  attached  or
18    the  unauthorized  removal  of  a  3-day sticker is a Class C
19    misdemeanor.
20        (f)  If a second division vehicle, or  medical  transport
21    vehicle,  or  vehicle  operated  by  a  contract  carrier  as
22    provided  in  subsection  (a)  of  this  Section  is  in safe
23    mechanical condition, as determined pursuant to  Chapter  13,
24    the  operator  of  the  official testing station must at once
25    issue to the second division  vehicle  or  medical  transport
26    vehicle  a  certificate  of  safety,  in  the form and manner
27    prescribed by the Department, which shall be affixed  to  the
28    vehicle  by  the  certified  safety  tester who performed the
29    safety tests.  The owner of the second  division  vehicle  or
30    medical  transport  vehicle  or the contract carrier shall at
31    all times display the Certificate of  Safety  on  the  second
32    division  vehicle,  or  medical transport vehicle, or vehicle
33    operated by a contract carrier in the  manner  prescribed  by
34    the Department.
HB2218 Enrolled             -10-              LRB9203927DHcsB
 1        (g)  If  a  test shows that a second division vehicle, or
 2    medical transport vehicle, or vehicle operated by a  contract
 3    carrier  is  not  in safe mechanical condition as provided in
 4    this Section, it shall not be operated on the highways  until
 5    it has been repaired and submitted to a retest at an official
 6    testing  station.   If  the owner or contract carrier submits
 7    the second division vehicle or medical transport vehicle to a
 8    retest at a different  official  testing  station  from  that
 9    where  it  failed to pass the first test, he shall present to
10    the operator of the second station the report of the original
11    test, and shall notify the Department in writing, giving  the
12    name  and  address  of  the  original testing station and the
13    defects which prevented the  issuance  of  a  Certificate  of
14    Safety,  and  the  name  and  address  of the second official
15    testing station making the retest.
16    (Source: P.A. 86-447; 86-1223.)

17        (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
18        Sec. 18b-101.  Definitions.  Unless the context otherwise
19    clearly requires, as used in this Chapter:
20        "Commercial motor vehicle" means any  self  propelled  or
21    towed  vehicle  used  on  public  highways  in interstate and
22    intrastate commerce to transport passengers or property  when
23    the  vehicle  has  a  gross  vehicle  weight, a gross vehicle
24    weight  rating,  a  gross  combination  weight,  or  a  gross
25    combination weight rating of 10,001 or more  pounds;  or  the
26    vehicle  is  designed  to  transport more than 15 passengers,
27    including the driver; or the vehicle is designed to carry  15
28    or  fewer  passengers  and  is operated by a contract carrier
29    transporting employees in the course of their employment on a
30    highway of  this  State;  or  the  vehicle  is  used  in  the
31    transportation of hazardous materials in a quantity requiring
32    placarding    under    the   Illinois   Hazardous   Materials
33    Transportation Act.  This definition shall not  include  farm
HB2218 Enrolled             -11-              LRB9203927DHcsB
 1    machinery,    fertilizer   spreaders,   and   other   special
 2    agricultural movement equipment described  in  Section  3-809
 3    nor implements of husbandry as defined in Section 1-130;
 4        "Officer" means Illinois State Police Officer;
 5        "Person"   means   any   natural  person  or  individual,
 6    governmental   body,    firm,    association,    partnership,
 7    copartnership,  joint  venture,  company,  corporation, joint
 8    stock company, trust, estate or any  other  legal  entity  or
 9    their legal representative, agent or assigns.
10    (Source: P.A. 90-89, eff. 1-1-98; 91-179, eff. 1-1-00.)

11        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
12        Sec. 18b-105.  Rules and Regulations.
13        (a)  The  Department  is  authorized  to  make  and adopt
14    reasonable rules and regulations and orders  consistent  with
15    law necessary to carry out the provisions of this Chapter.
16        (b)  The  following  parts  of  Title  49  of the Code of
17    Federal Regulations, as now in effect, are hereby adopted  by
18    reference as though they were set out in full:
19        Part 385-Safety Fitness Procedures;
20        Part   390-Federal   Motor  Carrier  Safety  Regulations:
21    General;
22        Part 391-Qualifications of Drivers;
23        Part 392-Driving of Motor Vehicles;
24        Part  393-Parts  and  Accessories  Necessary   for   Safe
25    Operation;
26        Part  395-Hours of Service of Drivers, except as provided
27    in Section 18b-106.1; and
28        Part 396-Inspection, Repair and Maintenance.
29        (c)  The following parts  and  Sections  of  the  Federal
30    Motor  Carrier  Safety  Regulations  shall not apply to those
31    intrastate  carriers,  drivers   or   vehicles   subject   to
32    subsection (b).
33             (1)  Section  393.93  of Part 393 for those vehicles
HB2218 Enrolled             -12-              LRB9203927DHcsB
 1        manufactured before June 30, 1972.
 2             (2)  Section 393.86 of Part 393 for  those  vehicles
 3        which  are registered as farm trucks under subsection (c)
 4        of Section 3-815 of The Illinois Vehicle Code.
 5             (3)  (Blank).
 6             (4)  (Blank).
 7             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
 8             (6)  All of Part 395 for all agricultural  movements
 9        as defined in Chapter 1, between the period of February 1
10        through  November  30  each  year, and all farm to market
11        agricultural transportation as defined in Chapter  1  and
12        for  grain  hauling operations within a radius of 200 air
13        miles of the normal work reporting location.
14             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
15        and  (b)(10) (minimum visual acuity) of Section 391.41 of
16        part 391, but only for any driver who  immediately  prior
17        to  July  29, 1986 was eligible and licensed to operate a
18        motor vehicle subject to this Section and was engaged  in
19        operating such vehicles, and who was disqualified on July
20        29,  1986  by  the  adoption of Part 391 by reason of the
21        application of paragraphs (b)(3) and (b)(10)  of  Section
22        391.41  with  respect to a physical condition existing at
23        that time unless such driver has a  record  of  accidents
24        which would indicate a lack of ability to operate a motor
25        vehicle in a safe manner.
26        (d)  Intrastate   carriers   subject   to  the  recording
27    provisions of Section 395.8 of Part 395 of the Federal  Motor
28    Carrier  Safety  Regulations  shall  be exempt as established
29    under paragraph (1) of Section 395.8; provided, however,  for
30    the  purpose of this Code, drivers shall operate within a 150
31    air-mile radius of the  normal  work  reporting  location  to
32    qualify for exempt status.
33        (e)  Regulations  adopted by the Department subsequent to
34    those adopted under subsection (b) hereof shall be  identical
HB2218 Enrolled             -13-              LRB9203927DHcsB
 1    in  substance to the Federal Motor Carrier Safety Regulations
 2    of the United States Department of Transportation and adopted
 3    in accordance with the procedures for rulemaking  in  Section
 4    5-35 of the Illinois Administrative Procedure Act.
 5    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
 6    90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)

 7        (625 ILCS 5/18b-106.1 new)
 8        Sec. 18b-106.1. Hours of service of drivers  employed  by
 9    contract  carriers  transporting  employees  in the course of
10    their employment. A contract carrier shall limit the hours of
11    service by a driver transporting employees in the  course  of
12    their  employment  on  a  road  or highway of this State in a
13    vehicle designed to carry 15 or fewer passengers to 12  hours
14    of vehicle operation per day, 15 hours of on-duty service per
15    day,  and  70 hours of on-duty service in 7 consecutive days.
16    The contract carrier shall require a driver who has 12  hours
17    of  vehicle  operation per day or 15 hours of on-duty service
18    per day to have at least 8 consecutive hours off duty  before
19    operating a vehicle again.

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