Bill Amendment: IL SB0273 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: 9-1-1 AUTHORITIES-ROSEMONT
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0476 [SB0273 Detail]
Download: Illinois-2023-SB0273-Senate_Amendment_002.html
Bill Title: 9-1-1 AUTHORITIES-ROSEMONT
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0476 [SB0273 Detail]
Download: Illinois-2023-SB0273-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 273
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2 | AMENDMENT NO. ______. Amend Senate Bill 273 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 13-101, 13-103, 13-103.1, 13-103.3, 13-106, | ||||||
6 | 13-107, 13-108, 13-109, and 13-110 and by adding Sections | ||||||
7 | 13-103.4 and 13-105.2 as follows:
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8 | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
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9 | Sec. 13-101. Submission to safety test; certificate of | ||||||
10 | safety. To
promote the safety of the general public, every | ||||||
11 | owner of a second division
vehicle, medical transport vehicle, | ||||||
12 | tow truck, first division vehicle including a taxi which is | ||||||
13 | used for a purpose that requires a school bus driver permit, | ||||||
14 | motor vehicle used for driver education training, or contract | ||||||
15 | carrier
transporting employees in the course of their | ||||||
16 | employment on a highway of
this State in a vehicle designed to |
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1 | carry 15 or fewer passengers shall,
before operating the | ||||||
2 | vehicle
upon the highways of Illinois, submit it to a "safety | ||||||
3 | test" and secure a
certificate of safety furnished by the | ||||||
4 | Department as set forth in Section
13-109. Each second | ||||||
5 | division motor vehicle that pulls or draws a trailer,
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6 | semitrailer or pole trailer, with a gross weight of 10,001 lbs | ||||||
7 | or more or
is registered for a gross weight of 10,001 lbs or | ||||||
8 | more, motor bus,
religious organization bus, school bus, | ||||||
9 | senior citizen transportation vehicle,
and limousine shall be | ||||||
10 | subject to
inspection by the Department and the Department is | ||||||
11 | authorized to
establish rules and regulations for the | ||||||
12 | implementation of such inspections.
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13 | The owners of each salvage vehicle shall submit it to a | ||||||
14 | "safety test" and
secure a certificate of safety furnished by | ||||||
15 | the Department prior to its
salvage vehicle inspection | ||||||
16 | pursuant to Section 3-308 of this Code.
In implementing and | ||||||
17 | enforcing the provisions of this Section, the
Department and | ||||||
18 | other authorized State agencies shall do so in a manner
that is | ||||||
19 | not inconsistent with any applicable federal law or regulation | ||||||
20 | so
that no federal funding or support is jeopardized by the | ||||||
21 | enactment or
application of these provisions.
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22 | However, none of the provisions of Chapter 13 requiring | ||||||
23 | safety
tests or a certificate of safety shall apply to:
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24 | (a) farm tractors, machinery and implements, wagons, | ||||||
25 | wagon-trailers
or like farm vehicles used primarily in | ||||||
26 | agricultural pursuits;
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1 | (b) vehicles other than school buses, tow trucks and | ||||||
2 | medical
transport vehicles owned or operated by a | ||||||
3 | municipal corporation or
political subdivision having a | ||||||
4 | population of 1,000,000 or more inhabitants
and which are | ||||||
5 | subject to safety tests imposed by local ordinance or | ||||||
6 | resolution;
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7 | (c) a semitrailer or trailer having a gross weight of | ||||||
8 | 5,000 pounds
or less including vehicle weight and maximum | ||||||
9 | load;
| ||||||
10 | (d) recreational vehicles;
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11 | (e) vehicles registered as and displaying Illinois
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12 | antique vehicle plates and vehicles registered as | ||||||
13 | expanded-use antique vehicles and displaying expanded-use | ||||||
14 | antique vehicle plates;
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15 | (f) house trailers equipped and used for living | ||||||
16 | quarters;
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17 | (g) vehicles registered as and displaying Illinois | ||||||
18 | permanently
mounted equipment plates or similar vehicles | ||||||
19 | eligible therefor but
registered as governmental vehicles | ||||||
20 | provided that if said vehicle is
reclassified from a | ||||||
21 | permanently mounted equipment plate so as to lose the
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22 | exemption of not requiring a certificate of safety, such | ||||||
23 | vehicle must be
safety tested within 30 days of the | ||||||
24 | reclassification;
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25 | (h) vehicles owned or operated by a manufacturer, | ||||||
26 | dealer or
transporter displaying a special plate or plates |
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1 | as described in Chapter
3 of this Code while such vehicle | ||||||
2 | is being delivered from the
manufacturing or assembly | ||||||
3 | plant directly to the purchasing dealership or
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4 | distributor, or being temporarily road driven for quality | ||||||
5 | control testing,
or from one dealer or distributor to | ||||||
6 | another, or are being
moved by the most direct route from | ||||||
7 | one location to another for the
purpose of installing | ||||||
8 | special bodies or equipment, or driven for purposes
of | ||||||
9 | demonstration by a prospective buyer with the dealer or | ||||||
10 | his agent present
in the cab of the vehicle during the | ||||||
11 | demonstration;
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12 | (i) pole trailers and auxiliary axles;
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13 | (j) special mobile equipment;
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14 | (k) vehicles properly registered in another State | ||||||
15 | pursuant to law and
displaying a valid registration plate | ||||||
16 | or digital registration plate, except vehicles of contract | ||||||
17 | carriers
transporting employees in the course of their | ||||||
18 | employment on a highway of this
State in a vehicle | ||||||
19 | designed to carry 15 or fewer passengers
are only exempted | ||||||
20 | to the extent that the safety testing
requirements | ||||||
21 | applicable to such vehicles in the state of registration
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22 | are no less stringent than the safety testing requirements | ||||||
23 | applicable
to contract carriers that are lawfully | ||||||
24 | registered in Illinois;
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25 | (l) water-well boring apparatuses or rigs;
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26 | (m) any vehicle which is owned and operated by the |
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1 | federal government
and externally displays evidence of | ||||||
2 | such ownership; and
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3 | (n) second division vehicles registered for a gross | ||||||
4 | weight of 10,000
pounds or less, except when such second | ||||||
5 | division motor vehicles pull
or draw a trailer, | ||||||
6 | semi-trailer or pole trailer having a gross weight of
or | ||||||
7 | registered for a gross weight of more than 10,000 pounds; | ||||||
8 | motor buses;
religious organization buses; school buses; | ||||||
9 | senior citizen transportation
vehicles; medical transport | ||||||
10 | vehicles; tow trucks; and any property carrying vehicles | ||||||
11 | being operated in commerce that are registered for a gross | ||||||
12 | weight of more than 8,000 lbs but less than 10,001 lbs.
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13 | The safety test shall include the testing and inspection | ||||||
14 | of
brakes, lights, horns, reflectors, rear vision mirrors, | ||||||
15 | mufflers,
safety chains, windshields and windshield wipers, | ||||||
16 | warning flags and
flares, frame, axle, cab and body, or cab or | ||||||
17 | body, wheels, steering
apparatus, and other safety devices and | ||||||
18 | appliances required by this Code
and such other safety tests | ||||||
19 | as the Department may by rule or regulation
require, for | ||||||
20 | second division vehicles, school buses, medical transport
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21 | vehicles, tow trucks, first division vehicles including taxis | ||||||
22 | which are used for a purpose that requires a school bus driver | ||||||
23 | permit, motor vehicles used for driver education training, | ||||||
24 | vehicles designed to carry 15 or fewer passengers
operated by | ||||||
25 | a contract carrier transporting employees in the course of | ||||||
26 | their
employment
on a highway of this State, trailers, and
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1 | semitrailers subject to inspection.
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2 | For tow trucks, the safety test and inspection shall also | ||||||
3 | include
the inspection of winch mountings, body panels, body
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4 | mounts, wheel lift swivel points,
and sling straps, and other | ||||||
5 | tests and inspections the Department by
rule requires for tow | ||||||
6 | trucks.
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7 | For driver education vehicles used by public high schools, | ||||||
8 | the vehicle must also be equipped with dual control brakes, a | ||||||
9 | mirror on each side of the vehicle so located as to reflect to | ||||||
10 | the driver a view of the highway for a distance of at least 200 | ||||||
11 | feet to the rear, and a sign visible from the front and the | ||||||
12 | rear identifying the vehicle as a driver education car. | ||||||
13 | For trucks, truck tractors, trailers, semi-trailers, buses | ||||||
14 | engaged in interstate commerce as defined Section 1-133 of | ||||||
15 | this Code , and first division vehicles including taxis which | ||||||
16 | are used for a purpose that requires a school bus driver | ||||||
17 | permit, the
safety test shall be conducted in accordance with | ||||||
18 | the Minimum Periodic
Inspection Standards promulgated by the | ||||||
19 | Federal Highway Administration of
the U.S. Department of | ||||||
20 | Transportation and contained in Appendix G to
Subchapter B of | ||||||
21 | Chapter III of Title 49 of the Code of Federal Regulations.
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22 | Those standards, as now in effect, are made a part of this | ||||||
23 | Code, in the
same manner as though they were set out in full in | ||||||
24 | this Code.
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25 | The passing of the safety test shall not be a bar at any | ||||||
26 | time to
prosecution for operating a second division vehicle, |
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1 | medical
transport
vehicle, motor vehicle used for driver | ||||||
2 | education training, or vehicle designed to carry 15 or fewer | ||||||
3 | passengers operated by a
contract carrier as provided in this | ||||||
4 | Section that is unsafe, as determined by
the standards | ||||||
5 | prescribed in this Code.
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6 | (Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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7 | (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
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8 | Sec. 13-103. Official testing stations - Fee - Permit - | ||||||
9 | Bond. Upon the
payment of a fee of $50 $10 and the filing of an | ||||||
10 | application
by the proprietor of a company or municipality any | ||||||
11 | vehicle service station or public or private
garage upon forms | ||||||
12 | furnished by the Department, accompanied by proof of
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13 | experience, training and ability of the operator of the | ||||||
14 | testing
equipment, together with proof of installation of | ||||||
15 | approved testing
equipment as defined in Section 13-102 and | ||||||
16 | the giving of a bond
conditioned upon faithful observance of | ||||||
17 | this Section and of rules and
regulations issued by the | ||||||
18 | Department in the amount of $10,000 $1,000 with
security | ||||||
19 | approved by the Department, the Department shall issue a | ||||||
20 | permit
to the proprietor of such company or municipality | ||||||
21 | vehicle service station or garage to
operate an Official | ||||||
22 | Testing Station. Such permit shall expire 12 months
following | ||||||
23 | its issuance, but may be renewed annually by complying
with | ||||||
24 | the requirements set forth in this Section and upon the | ||||||
25 | payment of a
renewal fee of $50 $10 . Proprietors of official |
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1 | testing stations for
which permits have been issued prior to | ||||||
2 | the effective date of this Act
may renew such permits for the | ||||||
3 | renewal fee of $50 $10 on the expiration
of each 12 months | ||||||
4 | following issuance of such permits, by complying with
the | ||||||
5 | requirements set forth in this Section. However, any city, | ||||||
6 | village or
incorporated town shall upon application to the | ||||||
7 | Department and without
payment of any fee or filing of any | ||||||
8 | bond, but upon proof of experience,
training and ability of | ||||||
9 | the operator of the testing equipment, and proof
of the | ||||||
10 | installation of approved testing equipment as defined in | ||||||
11 | Section
13-102, be issued a permit to operate such testing | ||||||
12 | station as an
Official Testing Station under this Act. The | ||||||
13 | permit so
issued shall at all times be displayed in a prominent | ||||||
14 | place in the official vehicle
service station, garage or | ||||||
15 | municipal testing station which is licensed as
an Official | ||||||
16 | Testing Station under this Act. No
person or company vehicle | ||||||
17 | service station, garage or municipality municipal testing
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18 | station shall in any manner claim or represent himself or | ||||||
19 | itself to be
an official testing station unless a permit has | ||||||
20 | been issued to him or it
as provided in this Section.
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21 | Any person or municipality who or which has received a | ||||||
22 | permit under
this Section may test his or its own second | ||||||
23 | division
vehicles and issue certificates of safety and conduct | ||||||
24 | emission inspections of
his or its own second division | ||||||
25 | vehicles in accordance with the requirements of
Section | ||||||
26 | 13-109.1 with respect to any such
second division vehicles |
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1 | owned, operated or controlled by him or it.
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2 | Each such permit issued by the Department shall state on | ||||||
3 | its face the
location of the official testing station to be | ||||||
4 | operated under the permit and
safety tests shall be made only | ||||||
5 | at such location. However, the
Department may, upon | ||||||
6 | application, authorize a change in the
location of the | ||||||
7 | official testing station and the removal of the testing
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8 | equipment to the new location. Upon approval of such | ||||||
9 | application, the
Department shall issue an endorsement which | ||||||
10 | the applicant shall affix to
his permit. Such endorsement | ||||||
11 | constitutes authority for the applicant to
make such change in | ||||||
12 | location and to remove his testing equipment at the
times and | ||||||
13 | to the places stated in the endorsement.
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14 | (Source: P.A. 91-254, eff. 7-1-00.)
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15 | (625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
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16 | Sec. 13-103.1. Annual certification of certified safety | ||||||
17 | testers and certified diesel emission testers - Fee - Renewal.
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18 | Only certified safety testers are authorized to perform safety | ||||||
19 | tests and
affix Certificates of Safety to vehicles. The | ||||||
20 | Department shall annually
certify those certified safety | ||||||
21 | testers and certified diesel emission testers who have met its | ||||||
22 | requirements. Certified safety Safety testers' and certified | ||||||
23 | diesel emission testers'
certificates shall expire 12 months | ||||||
24 | following the date of issue, but may
be renewed annually by | ||||||
25 | complying with the requirements as established by the |
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1 | Department.
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2 | (Source: P.A. 80-606.)
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3 | (625 ILCS 5/13-103.3) | ||||||
4 | Sec. 13-103.3. Official portable emissions testing | ||||||
5 | company; fee; permit; bond. Upon the payment of a fee of $50 | ||||||
6 | $10 and the filing of an application by the proprietor of any | ||||||
7 | vehicle service company upon forms furnished by the | ||||||
8 | Department, accompanied by proof of experience, training, and | ||||||
9 | ability of the operator of the testing equipment, together | ||||||
10 | with proof of approved testing equipment as defined in Section | ||||||
11 | 13-102 and the giving of a bond conditioned upon faithful | ||||||
12 | observance of this Section and of rules adopted by the | ||||||
13 | Department in the amount of $10,000 $1,000 with security | ||||||
14 | approved by the Department, the Department shall issue a | ||||||
15 | permit to the proprietor of the vehicle service company to | ||||||
16 | operate an official portable emissions testing company. An | ||||||
17 | official portable emissions testing company shall only conduct | ||||||
18 | portable emissions inspections for diesel fleets with 5 or | ||||||
19 | more diesel vehicles required to be inspected under subsection | ||||||
20 | (a) of Section 13-109.1, and only at the fleet owner's place of | ||||||
21 | business. A permit issued under this Section shall expire 12 | ||||||
22 | months following its issuance, but may be renewed annually by | ||||||
23 | complying with this Section and upon the payment of a renewal | ||||||
24 | fee of $50 $10 . No person or vehicle service company shall | ||||||
25 | operate as an official portable emissions testing company |
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1 | without having been issued a permit as provided in this | ||||||
2 | Section. | ||||||
3 | A permittee under this Section may test second division | ||||||
4 | vehicles owned, operated, or controlled by the permittee to | ||||||
5 | conduct emission inspections of such vehicles in accordance | ||||||
6 | with Section 13-109.1. A permittee under this Section may | ||||||
7 | conduct interstate inspections on interstate carriers in | ||||||
8 | accordance with 49 CFR Part 396. | ||||||
9 | Each permit issued by the Department shall state on its | ||||||
10 | face the location of the recordkeeping office of the | ||||||
11 | proprietor of the official portable emissions testing company. | ||||||
12 | However, the Department, upon application, may authorize a | ||||||
13 | change in the location of the recordkeeping office. Upon the | ||||||
14 | approval of such an application, the Department shall issue an | ||||||
15 | endorsement to be fixed by the applicant to the permit. Such an | ||||||
16 | endorsement constitutes authority for the applicant to make | ||||||
17 | the change in location.
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18 | (Source: P.A. 102-566, eff. 1-1-22 .)
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19 | (625 ILCS 5/13-103.4 new) | ||||||
20 | Sec. 13-103.4. Official mobile safety testing company; | ||||||
21 | fee; permit; bond. Upon the payment of a fee of $50 and the | ||||||
22 | filing of an application by the proprietor of a company or | ||||||
23 | municipality seeking to perform mobile safety inspections upon | ||||||
24 | forms furnished by the Department, accompanied by proof of | ||||||
25 | experience, training, and ability of the operator of the |
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1 | testing equipment, together with proof of approved testing | ||||||
2 | equipment as defined in Section 13-102 and the giving of a bond | ||||||
3 | conditioned upon faithful observance of this Section and rules | ||||||
4 | adopted by the Department in the amount of $10,000 with | ||||||
5 | security approved by the Department, the Department shall | ||||||
6 | issue a permit to the proprietor to operate an official mobile | ||||||
7 | safety testing company. An official mobile safety testing | ||||||
8 | company must maintain a physical office in this State. The | ||||||
9 | permit shall expire 12 months following its issuance, but may | ||||||
10 | be renewed annually by complying with the requirements set | ||||||
11 | forth in this Section and upon the payment of a renewal fee of | ||||||
12 | $50. The permit so issued shall at all times be displayed in a | ||||||
13 | prominent place in the official mobile safety testing vehicle | ||||||
14 | as well as at the required physical office of the testing | ||||||
15 | company. No person or official mobile safety testing company | ||||||
16 | shall in any manner claim or represent himself, herself, or | ||||||
17 | itself to be an official mobile safety testing company unless | ||||||
18 | a permit has been issued to the person or company as provided | ||||||
19 | in this Section. | ||||||
20 | Any person or municipality that has received a permit | ||||||
21 | under this Section may test the second division vehicles owned | ||||||
22 | by the person or municipality and issue certificates of safety | ||||||
23 | vehicles owned by the person or municipality in accordance | ||||||
24 | with the requirements of Section 13-109.1 with respect to any | ||||||
25 | such vehicles owned, operated, or controlled by the person or | ||||||
26 | municipality. |
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1 | Each such permit issued by the Department shall state on | ||||||
2 | its face the location of the physical office of the official | ||||||
3 | mobile safety testing company. The physical office shall be | ||||||
4 | the location in which all records are stored and retained. | ||||||
5 | Official mobile safety testing companies shall only perform | ||||||
6 | safety tests of vehicles at the vehicle owner's place of | ||||||
7 | business with a 48-hour advance notice to the Department. The | ||||||
8 | Department may, upon application, authorize a change in the | ||||||
9 | location of the physical office to a new location. Upon the | ||||||
10 | approval of such an application, the Department shall issue an | ||||||
11 | endorsement, which the applicant shall affix to his or her | ||||||
12 | permit. Such an endorsement constitutes authority for the | ||||||
13 | applicant to operate. | ||||||
14 | As used in this Section, "official mobile safety testing | ||||||
15 | company" means a safety testing company permitted to test | ||||||
16 | trucks, truck tractors, trailers, semi-trailers, and buses | ||||||
17 | engaged in interstate commerce as defined Section 1-133 of | ||||||
18 | this Code. The safety test shall be conducted in accordance | ||||||
19 | with the Minimum Periodic Inspection Standards promulgated by | ||||||
20 | the Federal Highway Administration of the United States | ||||||
21 | Department of Transportation and contained in Appendix G to | ||||||
22 | Subchapter B of Chapter III of Title 49 of the Code of Federal | ||||||
23 | Regulations. | ||||||
24 | The Department shall adopt rules to implement this | ||||||
25 | Section.
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1 | (625 ILCS 5/13-105.2 new) | ||||||
2 | Sec. 13-105.2. Inspection of official mobile safety | ||||||
3 | testing companies. Employees specifically authorized by the | ||||||
4 | Department to conduct inspections shall inspect all official | ||||||
5 | mobile safety testing companies at frequent intervals. Such | ||||||
6 | employees shall have access to all records relating to tests | ||||||
7 | and work done or parts sold as a result of such tests, to | ||||||
8 | ascertain whether the tests are properly, fairly, and honestly | ||||||
9 | made, and may examine the owner of the official mobile safety | ||||||
10 | testing company or any officer or employee thereof under oath.
| ||||||
11 | (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
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12 | Sec. 13-106. Rates and charges by official testing | ||||||
13 | stations , official mobile testing companies, and official | ||||||
14 | portable emissions testing companies; schedule
to be filed. | ||||||
15 | Every operator of an official testing station or official | ||||||
16 | portable emissions testing company shall file with
the | ||||||
17 | Department, in the manner prescribed by the Department, a | ||||||
18 | schedule of
all rates and charges made by him for performing | ||||||
19 | the tests
provided for in
Section 13-101 and Section 13-109.1. | ||||||
20 | Such rate or charge shall include an
amount to reimburse
the | ||||||
21 | operator of the official testing station or official portable | ||||||
22 | emissions testing company for the purchase from the
Department
| ||||||
23 | of the certificate of safety required by this chapter, not to | ||||||
24 | exceed that
fee paid to the Department by the operator | ||||||
25 | authorized by this chapter.
Such rates and charges shall be |
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1 | just and reasonable and the Department upon
its own initiative | ||||||
2 | or upon complaint of any person or corporation may require
the | ||||||
3 | testing station operator to appear for a hearing and prove | ||||||
4 | that the
rates so filed are just and reasonable. A "just and | ||||||
5 | reasonable" rate or
charge, for the purposes of this Section, | ||||||
6 | means a rate or charge which is
the same, or nearly the same, | ||||||
7 | as the prevailing rate or charge for the same
or similar tests | ||||||
8 | made in the community where the station is located. No
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9 | operator may change this schedule of rates and charges until | ||||||
10 | the proposed
changes are filed with and approved by the | ||||||
11 | Department. No license may be
issued to any official testing | ||||||
12 | station or official portable emissions testing company unless | ||||||
13 | the applicant has filed with
the Department a proposed | ||||||
14 | schedule of rates and charges and unless such
rates and | ||||||
15 | charges have been approved by the Department. No operator of
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16 | an official testing station or official portable emissions | ||||||
17 | testing company shall charge more or less than the rates so
| ||||||
18 | filed with and approved by the Department.
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19 | (Source: P.A. 102-566, eff. 1-1-22 .)
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20 | (625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
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21 | Sec. 13-107. Investigation of complaints against official | ||||||
22 | testing stations , official mobile testing companies, and | ||||||
23 | official portable emissions testing companies. The Department | ||||||
24 | shall, upon its own motion, or upon charges made in
writing | ||||||
25 | verified under oath, investigate complaints that an official
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1 | testing station or official portable emissions testing company | ||||||
2 | is willfully falsifying records or tests,
either for the
| ||||||
3 | purpose of selling parts or services not actually required, or | ||||||
4 | for the
purpose of issuing a certificate of safety for a | ||||||
5 | vehicle designed to carry 15
or fewer passengers operated by a | ||||||
6 | contract carrier transporting
employees in the course of their | ||||||
7 | employment on a highway of this State,
second division
| ||||||
8 | vehicle,
or medical transport vehicle
that is not in safe | ||||||
9 | mechanical condition as determined by the standards of
this | ||||||
10 | Chapter in violation of the provisions of this Chapter or of | ||||||
11 | the rules
and regulations issued by the Department.
| ||||||
12 | The Secretary of Transportation, for the purpose of more | ||||||
13 | effectively
carrying out the provisions of Chapter 13, may | ||||||
14 | appoint such a number of
inspectors as he may deem necessary. | ||||||
15 | Such inspectors shall inspect and
investigate applicants for | ||||||
16 | official testing station or official portable emissions | ||||||
17 | testing company permits and investigate
and report violations. | ||||||
18 | With respect to enforcement of the
provisions of this Chapter | ||||||
19 | 13, such inspectors shall have and may exercise
throughout the | ||||||
20 | State all the powers of police officers.
| ||||||
21 | The Secretary must authorize to each inspector and to any | ||||||
22 | other employee of
the Department exercising the powers of a | ||||||
23 | peace officer a distinct badge that,
on its face, (i) clearly | ||||||
24 | states that the badge is authorized by the Department
and (ii) | ||||||
25 | contains a unique identifying number. No other badge shall be
| ||||||
26 | authorized by the Department.
Nothing in this Section |
| |||||||
| |||||||
1 | prohibits the Secretary from issuing shields or other
| ||||||
2 | distinctive identification to employees not exercising the | ||||||
3 | powers of a peace
officer if the Secretary determines that a | ||||||
4 | shield or distinctive identification
is needed by the employee | ||||||
5 | to carry out his or her responsibilities.
| ||||||
6 | (Source: P.A. 102-566, eff. 1-1-22 .)
| ||||||
7 | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
| ||||||
8 | Sec. 13-108. Hearing on complaint against official testing | ||||||
9 | station , official mobile testing company, or official portable | ||||||
10 | emissions testing company; suspension or
revocation of permit. | ||||||
11 | If it appears to the Department, either through its own | ||||||
12 | investigation or
upon charges verified under oath, that any of | ||||||
13 | the provisions of this
Chapter or the rules and regulations of | ||||||
14 | the Department are being violated,
the Department shall, after | ||||||
15 | notice to the person, firm, or corporation
charged with such | ||||||
16 | violation, conduct a hearing. At least 10 days prior to
the | ||||||
17 | date of such hearing the Department shall cause to be served | ||||||
18 | upon the
person, firm, or corporation charged with such | ||||||
19 | violation, a copy of such
charge or charges by registered mail | ||||||
20 | or by the personal service thereof,
together with a notice | ||||||
21 | specifying the time and place of such hearing. At
the time and | ||||||
22 | place specified in such notice, the person, firm, or | ||||||
23 | corporation
charged with such violation shall be given an | ||||||
24 | opportunity to appear in
person or by counsel and to be heard | ||||||
25 | by the Secretary of Transportation or
an officer or employee |
| |||||||
| |||||||
1 | of the Department designated in writing by him to
conduct such | ||||||
2 | hearing. If it appears from the hearing that such person, | ||||||
3 | firm,
or corporation is guilty of the charge preferred against | ||||||
4 | the person, firm, or corporation, the
Secretary of | ||||||
5 | Transportation may order the permit suspended or revoked, and
| ||||||
6 | the bond forfeited. Any such revocation or suspension shall | ||||||
7 | not be a bar to
subsequent arrest and prosecution for | ||||||
8 | violation of this Chapter.
| ||||||
9 | (Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
10 | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| ||||||
11 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
12 | Sec. 13-109. Safety test prior to application for
license - | ||||||
13 | Subsequent tests - Repairs - Retest. | ||||||
14 | (a) Except as otherwise provided in Chapter 13, each | ||||||
15 | second division
vehicle, first division vehicle including a | ||||||
16 | taxi which is used for a purpose that requires a school bus | ||||||
17 | driver permit, and medical transport vehicle, except those | ||||||
18 | vehicles other than
school buses or medical transport vehicles | ||||||
19 | owned or operated by a municipal
corporation or political | ||||||
20 | subdivision having a population of 1,000,000 or
more | ||||||
21 | inhabitants which are subjected to safety tests imposed by | ||||||
22 | local
ordinance or resolution, operated in whole or in part | ||||||
23 | over the highways
of this State, motor vehicle used for driver | ||||||
24 | education training, and each vehicle designed to carry 15 or | ||||||
25 | fewer passengers
operated by a contract carrier transporting |
| |||||||
| |||||||
1 | employees in the course of
their employment
on a highway of | ||||||
2 | this State, shall be subjected to the safety
test provided for | ||||||
3 | in Chapter
13 of this Code. Tests shall be conducted at an | ||||||
4 | official testing station
within 6 months prior to the | ||||||
5 | application for registration as provided
for in this Code. | ||||||
6 | Subsequently each vehicle shall be subject to tests (i) at
| ||||||
7 | least every 6 months, (ii) in the case of school buses and | ||||||
8 | first division vehicles including taxis which are used for a | ||||||
9 | purpose that requires a school bus driver permit, at least | ||||||
10 | every 6
months or 10,000 miles, whichever occurs first, (iii) | ||||||
11 | in the case of driver education vehicles used by public high | ||||||
12 | schools, at least every 12 months for vehicles over 5 model | ||||||
13 | years of age or having an odometer reading of over 75,000 | ||||||
14 | miles, whichever occurs first, or (iv) in the case of truck | ||||||
15 | tractors, semitrailers, and property-carrying vehicles | ||||||
16 | registered for a gross weight of more than 10,000 pounds but | ||||||
17 | less than 26,001 pounds, at least every 12 months, and | ||||||
18 | according to
schedules established by rules and regulations | ||||||
19 | promulgated by the
Department. Any component subject to | ||||||
20 | regular inspection which is
damaged in a reportable accident | ||||||
21 | must be reinspected before the bus or first division vehicle | ||||||
22 | including a taxi which is used for a purpose that requires a | ||||||
23 | school bus driver permit is
returned to service.
| ||||||
24 | (b) The Department shall also conduct periodic | ||||||
25 | nonscheduled inspections
of school buses, of buses registered | ||||||
26 | as charitable vehicles and of
religious organization buses. If |
| |||||||
| |||||||
1 | such inspection reveals that a vehicle is
not in substantial | ||||||
2 | compliance with the rules promulgated by the Department,
the | ||||||
3 | Department shall remove the Certificate of Safety from the | ||||||
4 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
5 | orange, triangular decal
shall be placed on an out-of-service | ||||||
6 | vehicle where the Certificate of
Safety has been removed. The | ||||||
7 | vehicle must pass a safety test at an
official testing station | ||||||
8 | before it is again placed in service.
| ||||||
9 | (c) If the violation is not substantial a bright yellow, | ||||||
10 | triangular
sticker shall be placed next to the Certificate of | ||||||
11 | Safety at the time the
nonscheduled inspection is made. The | ||||||
12 | Department shall reinspect the
vehicle after 3 working days to | ||||||
13 | determine that the violation has been
corrected and remove the | ||||||
14 | yellow, triangular decal. If the violation is not
corrected | ||||||
15 | within 3 working days, the Department shall place the vehicle
| ||||||
16 | out-of-service in accordance with procedures in subsection | ||||||
17 | (b).
| ||||||
18 | (d) If a violation is not substantial and does not | ||||||
19 | directly affect the
safe operation of the vehicle, the | ||||||
20 | Department shall issue a warning notice
requiring correction | ||||||
21 | of the violation. Such correction shall be
accomplished as | ||||||
22 | soon as practicable and a report of the correction shall be
| ||||||
23 | made to the Department within 30 days in a manner established | ||||||
24 | by the
Department. If the Department has not been advised that | ||||||
25 | the corrections
have been made, and the violations still | ||||||
26 | exist, the Department shall place
the vehicle out-of-service |
| |||||||
| |||||||
1 | in accordance with procedures in subsection
(b).
| ||||||
2 | (e) The Department is authorized to promulgate regulations | ||||||
3 | to implement its
program of nonscheduled inspections. Causing | ||||||
4 | or allowing the operation of
an out-of-service vehicle with | ||||||
5 | passengers or unauthorized removal of an
out-of-service | ||||||
6 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
7 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
8 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
9 | sticker is a Class C
misdemeanor.
| ||||||
10 | (f) If a second division vehicle, first division vehicle | ||||||
11 | including a taxi which is used for a purpose that requires a | ||||||
12 | school bus driver permit, medical transport vehicle, or
| ||||||
13 | vehicle operated by a contract carrier as provided in | ||||||
14 | subsection (a) of this
Section is in safe
mechanical | ||||||
15 | condition, as determined pursuant to Chapter 13, the operator | ||||||
16 | of
the official testing station must at once issue to the | ||||||
17 | second division
vehicle, first division vehicle including a | ||||||
18 | taxi which is used for a purpose that requires a school bus | ||||||
19 | driver permit, or medical transport vehicle a certificate of | ||||||
20 | safety, in the form
and manner prescribed by the Department, | ||||||
21 | which shall be affixed to the
vehicle by the certified safety | ||||||
22 | tester who performed the safety tests. The
owner of the second | ||||||
23 | division vehicle, first division vehicle including a taxi | ||||||
24 | which is used for a purpose that requires a school bus driver | ||||||
25 | permit, or medical transport vehicle or the
contract carrier | ||||||
26 | shall at
all times display the Certificate of Safety on the |
| |||||||
| |||||||
1 | second division vehicle, first division vehicle including a | ||||||
2 | taxi which is used for a purpose that requires a school bus | ||||||
3 | driver permit, medical transport vehicle, or vehicle operated | ||||||
4 | by a contract carrier
in the manner prescribed by the | ||||||
5 | Department.
| ||||||
6 | (g) If a test shows that a second division vehicle, first | ||||||
7 | division vehicle including a taxi which is used for a purpose | ||||||
8 | that requires a school bus driver permit, medical
transport
| ||||||
9 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
10 | safe
mechanical condition as provided in this Section, it
| ||||||
11 | shall not be operated on the highways until it has been | ||||||
12 | repaired and
submitted to a retest at an official testing | ||||||
13 | station. If the owner or
contract carrier submits
the vehicle | ||||||
14 | to a retest at
a
different official testing station from that | ||||||
15 | where it failed to pass the
first test, he or she shall present | ||||||
16 | to the operator of the second station the
report of the | ||||||
17 | original test, and shall notify the Department in writing,
| ||||||
18 | giving the name and address of the original testing station | ||||||
19 | and the defects
which prevented the issuance of a Certificate | ||||||
20 | of Safety, and the name and
address of the second official | ||||||
21 | testing station making the retest.
| ||||||
22 | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
| ||||||
23 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
24 | Sec. 13-109. Safety test prior to application for
license - | ||||||
25 | Subsequent tests - Repairs - Retest. |
| |||||||
| |||||||
1 | (a) Except as otherwise provided in Chapter 13, each | ||||||
2 | second division
vehicle, first division vehicle including a | ||||||
3 | taxi which is used for a purpose that requires a school bus | ||||||
4 | driver permit, and medical transport vehicle, except those | ||||||
5 | vehicles other than
school buses or medical transport vehicles | ||||||
6 | owned or operated by a municipal
corporation or political | ||||||
7 | subdivision having a population of 1,000,000 or
more | ||||||
8 | inhabitants which are subjected to safety tests imposed by | ||||||
9 | local
ordinance or resolution, operated in whole or in part | ||||||
10 | over the highways
of this State, motor vehicle used for driver | ||||||
11 | education training, and each vehicle designed to carry 15 or | ||||||
12 | fewer passengers
operated by a contract carrier transporting | ||||||
13 | employees in the course of
their employment
on a highway of | ||||||
14 | this State, shall be subjected to the safety
test provided for | ||||||
15 | in Chapter
13 of this Code. Tests shall be conducted at an | ||||||
16 | official testing station
or by an official mobile safety | ||||||
17 | testing company within 6 months prior to the application for | ||||||
18 | registration as provided
for in this Code. Subsequently each | ||||||
19 | vehicle shall be subject to tests (i) at
least every 6 months, | ||||||
20 | (ii) in the case of school buses and first division vehicles | ||||||
21 | including taxis which are used for a purpose that requires a | ||||||
22 | school bus driver permit, at least every 6
months or 10,000 | ||||||
23 | miles, whichever occurs first, (iii) in the case of driver | ||||||
24 | education vehicles used by public high schools, at least every | ||||||
25 | 12 months for vehicles over 5 model years of age or having an | ||||||
26 | odometer reading of over 75,000 miles, whichever occurs first, |
| |||||||
| |||||||
1 | or (iv) in the case of truck tractors, semitrailers, and | ||||||
2 | property-carrying vehicles registered for a gross weight of | ||||||
3 | more than 10,000 pounds but less than 26,001 pounds, at least | ||||||
4 | every 12 months, and according to
schedules established by | ||||||
5 | rules and regulations promulgated by the
Department. Any | ||||||
6 | component subject to regular inspection which is
damaged in a | ||||||
7 | reportable crash must be reinspected before the bus or first | ||||||
8 | division vehicle including a taxi which is used for a purpose | ||||||
9 | that requires a school bus driver permit is
returned to | ||||||
10 | service.
| ||||||
11 | (b) The Department shall also conduct periodic | ||||||
12 | nonscheduled inspections
of school buses, of buses registered | ||||||
13 | as charitable vehicles and of
religious organization buses. If | ||||||
14 | such inspection reveals that a vehicle is
not in substantial | ||||||
15 | compliance with the rules promulgated by the Department,
the | ||||||
16 | Department shall remove the Certificate of Safety from the | ||||||
17 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
18 | orange, triangular decal
shall be placed on an out-of-service | ||||||
19 | vehicle where the Certificate of
Safety has been removed. The | ||||||
20 | vehicle must pass a safety test at an
official testing station | ||||||
21 | or official mobile safety testing company before it is again | ||||||
22 | placed in service.
| ||||||
23 | (c) If the violation is not substantial a bright yellow, | ||||||
24 | triangular
sticker shall be placed next to the Certificate of | ||||||
25 | Safety at the time the
nonscheduled inspection is made. The | ||||||
26 | Department shall reinspect the
vehicle after 3 working days to |
| |||||||
| |||||||
1 | determine that the violation has been
corrected and remove the | ||||||
2 | yellow, triangular decal. If the violation is not
corrected | ||||||
3 | within 3 working days, the Department shall place the vehicle
| ||||||
4 | out-of-service in accordance with procedures in subsection | ||||||
5 | (b).
| ||||||
6 | (d) If a violation is not substantial and does not | ||||||
7 | directly affect the
safe operation of the vehicle, the | ||||||
8 | Department shall issue a warning notice
requiring correction | ||||||
9 | of the violation. Such correction shall be
accomplished as | ||||||
10 | soon as practicable and a report of the correction shall be
| ||||||
11 | made to the Department within 30 days in a manner established | ||||||
12 | by the
Department. If the Department has not been advised that | ||||||
13 | the corrections
have been made, and the violations still | ||||||
14 | exist, the Department shall place
the vehicle out-of-service | ||||||
15 | in accordance with procedures in subsection
(b).
| ||||||
16 | (e) The Department is authorized to promulgate regulations | ||||||
17 | to implement its
program of nonscheduled inspections. Causing | ||||||
18 | or allowing the operation of
an out-of-service vehicle with | ||||||
19 | passengers or unauthorized removal of an
out-of-service | ||||||
20 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
21 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
22 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
23 | sticker is a Class C
misdemeanor.
| ||||||
24 | (f) If a second division vehicle, first division vehicle | ||||||
25 | including a taxi which is used for a purpose that requires a | ||||||
26 | school bus driver permit, medical transport vehicle, or
|
| |||||||
| |||||||
1 | vehicle operated by a contract carrier as provided in | ||||||
2 | subsection (a) of this
Section is in safe
mechanical | ||||||
3 | condition, as determined pursuant to Chapter 13, the operator | ||||||
4 | of
the official testing station or official mobile safety | ||||||
5 | testing company must at once issue to the second division
| ||||||
6 | vehicle, first division vehicle including a taxi which is used | ||||||
7 | for a purpose that requires a school bus driver permit, or | ||||||
8 | medical transport vehicle a certificate of safety, in the form
| ||||||
9 | and manner prescribed by the Department, which shall be | ||||||
10 | affixed to the
vehicle by the certified safety tester who | ||||||
11 | performed the safety tests. The
owner of the second division | ||||||
12 | vehicle, first division vehicle including a taxi which is used | ||||||
13 | for a purpose that requires a school bus driver permit, or | ||||||
14 | medical transport vehicle or the
contract carrier shall at
all | ||||||
15 | times display the Certificate of Safety on the second division | ||||||
16 | vehicle, first division vehicle including a taxi which is used | ||||||
17 | for a purpose that requires a school bus driver permit, | ||||||
18 | medical transport vehicle, or vehicle operated by a contract | ||||||
19 | carrier
in the manner prescribed by the Department.
| ||||||
20 | (g) If a test shows that a second division vehicle, first | ||||||
21 | division vehicle including a taxi which is used for a purpose | ||||||
22 | that requires a school bus driver permit, medical
transport
| ||||||
23 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
24 | safe
mechanical condition as provided in this Section, it
| ||||||
25 | shall not be operated on the highways until it has been | ||||||
26 | repaired and
submitted to a retest at an official testing |
| |||||||
| |||||||
1 | station or official mobile safety testing company . If the | ||||||
2 | owner or
contract carrier submits
the vehicle to a retest at
a
| ||||||
3 | different official testing station or official mobile safety | ||||||
4 | testing company from that where it failed to pass the
first | ||||||
5 | test, he or she shall present to the operator of the second | ||||||
6 | station the
report of the original test, and shall notify the | ||||||
7 | Department in writing,
giving the name and address of the | ||||||
8 | original testing station or official mobile safety testing | ||||||
9 | company and the defects
which prevented the issuance of a | ||||||
10 | Certificate of Safety, and the name and
address of the second | ||||||
11 | official testing station or official mobile safety testing | ||||||
12 | company making the retest.
| ||||||
13 | (Source: P.A. 102-982, eff. 7-1-23.)
| ||||||
14 | (625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110)
| ||||||
15 | Sec. 13-110. Certificate of safety. (a) Certificates of | ||||||
16 | Safety shall be
in contrasting colors, with a number on the | ||||||
17 | face of the Certificate indicating
the month of the next | ||||||
18 | inspection period the vehicle is subject to inspection.
| ||||||
19 | Certificates for school buses shall also indicate the mileage | ||||||
20 | at which the
school bus shall be subject to inspection if it | ||||||
21 | occurs before the next regular
inspection period. The colors | ||||||
22 | of Certificates of Safety shall be prescribed
by the | ||||||
23 | Department.
| ||||||
24 | (b) Certificates of Safety, which remain the property of | ||||||
25 | the State of
Illinois, will be provided to Official Testing |
| |||||||
| |||||||
1 | Stations and official mobile safety testing companies by the | ||||||
2 | Department
at the fee of $1 each. Certificates of Safety which | ||||||
3 | remain
unused at the end of each inspection period will be | ||||||
4 | redeemed for the same
amount in a manner prescribed by the | ||||||
5 | Department.
| ||||||
6 | (c) Nothing in this Chapter shall be construed as a | ||||||
7 | suggestion or direction
to any owner to require him to have any | ||||||
8 | repairs made or any work done by
any official testing station | ||||||
9 | or official mobile safety testing company , but all tests must | ||||||
10 | be made at an official
testing station to secure the issuance | ||||||
11 | of a certificate of safety, and no
certificate of safety | ||||||
12 | issued by any other than an official testing station or | ||||||
13 | official mobile safety testing company
shall be deemed a | ||||||
14 | compliance with this Chapter.
| ||||||
15 | (Source: P.A. 83-311.)
| ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.".
|