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92nd General Assembly

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Public Act 92-0682

HB5255 Enrolled                                LRB9211482DHmg

    AN ACT regarding vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 13A-115 and 13B-25 as follows:

    (625 ILCS 5/13A-115) (from Ch. 95 1/2, par. 13A-115)
    Sec.  13A-115.   Effectiveness.   This  Chapter  13A   is
repealed  on January 1, 2003 shall cease to be effective when
the continuation of the program has  been  implemented  under
Chapter 13B.
(Source: P.A. 86-1433; 88-533.)

    (625 ILCS 5/13B-25)
    Sec. 13B-25. Performance of inspections.
    (a)  The  inspection  of  vehicles  required  under  this
Chapter  shall  be performed only: (i) by inspectors who have
been certified by the Agency after successfully completing  a
course  of  training and successfully passing a written test;
(ii) at official  inspection  stations  or  official  on-road
inspection  sites  established  under this Chapter; and (iii)
with equipment that has been approved by the Agency for these
inspections.
    (b)  Except as provided in subsections (c) and  (d),  the
inspection  shall  consist  of  (i) a loaded mode exhaust gas
analysis; (ii) an evaporative system integrity test; (iii) an
on-board  computer  diagnostic  system  check;  and  (iv)   a
verification   that   all  required  emission-related  recall
repairs have been made under Title 40, Section 51.370 of  the
Code  of  Federal  Regulations;,  and  may  also  include  an
evaporative  system  purge test.  The owner of the vehicle or
the owner's agent shall be entitled to an emission inspection
certificate issued by an inspector only if all required tests
are passed at the time of the inspection.
    (c)  A steady-state idle  exhaust  gas  analysis  may  be
substituted  for the loaded mode exhaust gas analysis and the
evaporative purge system test in the following cases:
         (1)  On any vehicle of model year 1980 or older.
         (2)  On any heavy duty vehicle with  a  manufacturer
    gross vehicle weight rating in excess of 8,500 pounds.
         (3)  On any vehicle for which loaded mode testing is
    not possible due to vehicle design or configuration.
    (d)  The  procedures  contained in subsections (d)(1) and
(d)(2) of this Section shall be followed on model  year  1996
and  newer  vehicles  equipped  with  OBD  on-board  computer
diagnostic equipment, as required.
         (1)  Beginning  on  July  1,  2002,  and  continuing
    through December 31, 2003, such vehicles shall be given a
    complete  on-board  diagnostic  test  consistent with the
    requirements of paragraphs (d)(1)(A) through (d)(1)(D) of
    this Section.
              (A)  If the vehicle meets the standards set for
         the  complete  on-board  computer  diagnostic  test,
         neither the loaded mode exhaust gas analysis nor the
         idle  exhaust  gas  analysis  shall  be   performed;
         however, all other elements of the test contained in
         subsection (b) of this Section shall be performed.
              (B)  If, however, the vehicle fails to meet the
         standard   for   the   complete   on-board  computer
         diagnostic test, it shall be given the  loaded  mode
         exhaust   gas  analysis  or  the  idle  exhaust  gas
         analysis, as required, and all other elements of the
         test contained in subsection (b)  of  this  Section,
         unless the owner of the vehicle chooses to avoid the
         loaded mode exhaust gas analysis or idle exhaust gas
         analysis   and   proceed  directly  under  paragraph
         (d)(1)(C) of this Section. For those  vehicles  that
         fail  to meet the standard for the complete on-board
         computer diagnostic test, the owner of  the  vehicle
         must  be  informed  that he or she has the option to
         have the vehicle tested  using  the  less  stringent
         loaded mode exhaust gas analysis or the idle exhaust
         gas analysis, as appropriate, for one test cycle.
              (C)  If  the vehicle fails to meet the standard
         for the complete on-board computer  diagnostic  test
         and  the  standard  for  the loaded mode exhaust gas
         analysis  or  the  idle  exhaust  gas  analysis,  as
         required, or the owner of the vehicle has chosen  to
         avoid  the  loaded mode exhaust gas analysis or idle
         exhaust gas analysis and proceed directly under this
         paragraph, the vehicle  must  be  repaired  to  pass
         either  the  complete  on-board  computer diagnostic
         test or the loaded mode exhaust gas analysis or idle
         exhaust gas analysis, as  required,  and  all  other
         elements  of the test contained in subsection (b) of
         this Section.
              (D)  The  on-board  computer  diagnostic   test
         shall  not  be  a required element of the inspection
         mandated by this Section for such vehicles for which
         on-board computer diagnostic testing is not possible
         due to the vehicle's originally certified design  or
         its  design  as  modified in accordance with federal
         law and regulations,  or  for  vehicles  with  known
         on-board   diagnostic   communications  or  software
         problems, as determined by the  Agency.     In  such
         cases, all other elements of the inspection required
         under  this  Section  shall  be  performed  on  such
         vehicles,  including  the  exhaust  gas  analysis as
         specified in subsection (b) of this Section.
         By April 15, 2003, the Agency shall  submit  to  the
    General  Assembly a report detailing the effectiveness of
    the use of the on-board  computer  diagnostic  test.  The
    report  shall  include the number of failures, the reason
    for  each  failure,  the   number   of   vehicle   damage
    complaints,  and  the  average  wait  time  at  the  test
    stations.
         (2)  Beginning  on  January  1,  2004, such vehicles
    shall  be  given  a  complete  on-board  diagnostic  test
    consistent with the requirements of paragraphs  (d)(2)(A)
    and (d)(2)(B) of this Section.
              (A)  The   loaded  mode  exhaust  gas  analysis
         specified in subsection (b) of  this  Section  shall
         not  be  performed  on  such  vehicles for which the
         on-board  computer  diagnostic  test  specified   in
         subsection  (h)  of  this  Section can be performed.
         All other elements of the  inspection  required  for
         such  vehicles shall be performed in accordance with
         the provisions of this Section.
              (B)  The  on-board  computer  diagnostic   test
         shall  not  be  a required element of the inspection
         mandated by this Section for such vehicles for which
         on-board computer diagnostic testing is not possible
         due to the vehicle's originally certified design  or
         its  design  as  modified in accordance with federal
         law and regulations,  or  for  vehicles  with  known
         on-board   diagnostic   communications  or  software
         problems, as  determined  by  the  Agency.  In  such
         cases, all other elements of the inspection required
         under  this  Section  shall  be  performed  on  such
         vehicles,  including  the  exhaust  gas  analysis as
         specified in subsection (b) of this Section.
A steady-state idle gas analysis may also be substituted  for
the new procedures specified in subsection (b) in inspections
conducted  in calendar year 1995 on any vehicle of model year
1990 or older.
    (e)  The exhaust gas analysis shall consist of a test  of
an  exhaust gas sample to determine whether the quantities of
exhaust gas  pollutants  emitted  by  the  vehicle  meet  the
standards set for vehicles of that type under Section 13B-20.
A  vehicle shall be deemed to have passed this portion of the
inspection if  the  evaluation  of  the  exhaust  gas  sample
indicates  that  the  quantities  of  exhaust  gas pollutants
emitted by the vehicle do not exceed the  standards  set  for
vehicles  of  that  type under Section 13B-20 or an inspector
certifies that the vehicle qualifies  for  a  waiver  of  the
exhaust gas pollutant standards under Section 13B-30.
    (f)  The  evaporative system integrity test shall consist
of a procedure to determine  if  leaks  exist  in  all  or  a
portion  of  the  vehicle  fuel  evaporation emission control
system.  A vehicle shall be deemed to have passed  this  test
if  it  meets  the  criteria  that the Board may adopt for an
evaporative system integrity test.
    (g)  The evaporative system purge test shall consist of a
procedure to verify the  purging  of  vapors  stored  in  the
evaporative  canister.   A  vehicle  shall  be deemed to have
passed this test if it meets the criteria that the Board  may
adopt for an evaporative system purge test.
    (h)  The  on-board computer diagnostic test shall consist
of accessing the vehicle's on-board computer  system,  if  so
equipped, and reading any stored diagnostic codes that may be
present.   The  vehicle  shall  be deemed to have passed this
test if the codes observed did not exceed standards  set  for
vehicles of that type under Section 13B-20.
(Source: P.A. 90-475, eff. 8-17-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 15, 2002.
    Approved July 16, 2002.
    Effective July 16, 2002.

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