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92_HB2568eng HB2568 Engrossed LRB9201423DHmg 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 13-103, 13-106, and 13-114 as follows: 6 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103) 7 Sec. 13-103. Official testing stations - Fee - Permit - 8 Bond. Upon the payment of a fee of $10 and the filing of an 9 application by the proprietor of any vehicle service station 10 or public or private garage upon forms furnished by the 11 Department, accompanied by proof of experience, training and 12 ability of the operator of the testing equipment, together 13 with proof of installation of approved testing equipment as 14 defined in Section 13-102 and the giving of a bond 15 conditioned upon faithful observance of this Section and of 16 rules and regulations issued by the Department in the amount 17 of $1,000 with security approved by the Department, the 18 Department shall issue a permit to the proprietor of that 19suchvehicle service station or garage to operate an Official 20 Testing Station. Such permit shall expire 12 months following 21 its issuance, but may be renewed annually by complying with 22 the requirements set forth in this Section and upon the 23 payment of a renewal fee of $10. Proprietors of official 24 testing stations for which permits have been issued prior to 25 the effective date of this Act may renew such permits for the 26 renewal fee of $10 on the expiration of each 12 months 27 following issuance of such permits, by complying with the 28 requirements set forth in this Section. However, any city, 29 village or incorporated town shall upon application to the 30 Department and without payment of any fee or filing of any 31 bond, but upon proof of experience, training and ability of HB2568 Engrossed -2- LRB9201423DHmg 1 the operator of the testing equipment, and proof of the 2 installation of approved testing equipment as defined in 3 Section 13-102, be issued a permit to operate such testing 4 station as an Official Testing Station under this Act. The 5 permit so issued shall at all times be displayed in a 6 prominent place in the vehicle service station, garage or 7 municipal testing station which is licensed as an Official 8 Testing Station under this Act. No person or vehicle service 9 station, garage or municipal testing station shall in any 10 manner claim or represent himself or itself to be an official 11 testing station unless a permit has been issued to him or it 12 as provided in this Section. 13 Any person or municipality who or which has received a 14 permit under this Section may test his or its own second 15 division vehicles and issue certificates of safety and 16 conduct emission inspections of his or its own second 17 division vehicles in accordance with the requirements of 18 Section 13-109.1 with respect to any such second division 19 vehicles owned, operated or controlled by him or it. 20 Each such permit issued by the Department shall state on 21 its face the location of the official testing station to be 22 operated under the permit and safety tests shall be made only 23 at such location. However, the Department may, upon 24 application, authorize a change in the location of the 25 official testing station and the removal of the testing 26 equipment to the new location. Upon approval of such 27 application, the Department shall issue an endorsement which 28 the applicant shall affix to his permit. Such endorsement 29 constitutes authority for the applicant to make such change 30 in location and to remove his testing equipment at the times 31 and to the places stated in the endorsement. 32 (Source: P.A. 91-254, eff. 7-1-00.) 33 (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106) HB2568 Engrossed -3- LRB9201423DHmg 1 Sec. 13-106. Rates and charges by official testing 2 stations-Schedule to be filed. Every operator of an official 3 testing station shall file with the Department, in the manner 4 prescribed by the Department, a schedule of all rates and 5 charges made by him for performing the tests provided for in 6 Section 13-101 and Section 13-109.1. TheSuchrate or 7 charge shall include an amount to reimburse the operator of 8 the official testing station for the purchase from the 9 Department of the certificate of safety required by this 10 chapter, not to exceed that fee paid to the Department by the 11 operator authorized by this chapter. Such rates and charges 12 shall be just and reasonable and the Department upon its own 13 initiative or upon complaint of any person or corporation may 14 require the testing station operator to appear for a hearing 15 and prove that the rates so filed are just and reasonable. A 16 "just and reasonable" rate or charge, for the purposes of 17 this Section, means a rate or charge which is the same, or 18 nearly the same, as the prevailing rate or charge for the 19 same or similar tests made in the community where the station 20 is located. No operator may change this schedule of rates 21 and charges until the proposed changes are filed with and 22 approved by the Department. No license may be issued to any 23 official testing station unless the applicant has filed with 24 the Department a proposed schedule of rates and charges and 25 unless such rates and charges have been approved by the 26 Department. No operator of an official testing station shall 27 charge more or less than the rates so filed with and approved 28 by the Department. 29 (Source: P.A. 91-254, eff. 7-1-00.) 30 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) 31 Sec. 13-114. Interstate carriers of property. Any 32 vehicle registered in Illinois and operated by an interstate 33 carrier of property shall be exempt from the provisions of HB2568 Engrossed -4- LRB9201423DHmg 1 this Chapter if theprovided suchcarrier has registered with 2 the Bureau of Motor Carrier Safety of the Federal Highway 3 Administration as an interstate motor carrier of property and 4 has been assigned a federal census number by such Bureau. An 5 interstate carrier of property, however, is not exempt from 6 the provisions of Section 13-111(b) of this Chapter. 7 Any vehicle registered in Illinois and operated by a 8 private interstate carrier of property shall be exempt from 9 the provisions of this Chapter, except the provisions of 10 Section 13-111(b), provided it: 11 1. is registered with the Bureau of Motor Carrier 12 Safety of the Federal Highway Administration, and 13 2. carries in the motor vehicle documentation 14 issued by the Bureau of Motor Carrier Safety of the 15 Federal Highway Administration displaying the federal 16 census number assigned, and 17 3. displays on the sides of the motor vehicle the 18 census number, which must be no less than 2 inches high, 19 with a brush stroke no less than 1/4 inch wide in a 20 contrasting color. 21 Notwithstanding any other provision of this Section, each 22 diesel powered vehicle that is registered for a gross weight 23 of more than 16,000 pounds or has a gross vehicle weight 24 rating of more than 16,000 pounds and that is operated by an 25 interstate carrier of property or a private interstate 26 carrier of property within the affected area is subject only 27 to the provisions of this Chapter that pertain to 28 nonscheduled diesel emission inspections. 29 (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)