Bill Text: IL HB3172 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Vehicle Code. Provides that specified vehicles of the second division, medical transport vehicles, and vehicles designed to carry 15 or fewer passengers operated by a contract carrier transporting employees shall be subject to a safety test at an official testing station at least every 12 months (rather than 6 months). Provides that each school bus and each vehicle of the first division that is used for a purpose that requires a school bus driver permit shall be subject to a safety test at an official testing station at least every 12 months (rather than 6 months) or 10,000 miles, whichever occurs first.

Spectrum: Moderate Partisan Bill (Republican 19-6)

Status: (Engrossed) 2017-04-25 - Assigned to Transportation [HB3172 Detail]

Download: Illinois-2017-HB3172-Engrossed.html



HB3172 EngrossedLRB100 09547 AXK 19713 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 13-109 as follows:
6 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
7 Sec. 13-109. Safety test prior to application for license -
8Subsequent tests - Repairs - Retest.
9 (a) Except as otherwise provided in Chapter 13, each second
10division vehicle, first division vehicle including a taxi which
11is used for a purpose that requires a school bus driver permit,
12and medical transport vehicle, except those vehicles other than
13school buses or medical transport vehicles owned or operated by
14a municipal corporation or political subdivision having a
15population of 1,000,000 or more inhabitants which are subjected
16to safety tests imposed by local ordinance or resolution,
17operated in whole or in part over the highways of this State,
18motor vehicle used for driver education training, and each
19vehicle designed to carry 15 or fewer passengers operated by a
20contract carrier transporting employees in the course of their
21employment on a highway of this State, shall be subjected to
22the safety test provided for in Chapter 13 of this Code. Tests
23shall be conducted at an official testing station within 6

HB3172 Engrossed- 2 -LRB100 09547 AXK 19713 b
1months prior to the application for registration as provided
2for in this Code. Subsequently each vehicle shall be subject to
3tests (i) at least every 6 months, (ii) in the case of school
4buses and first division vehicles including taxis which are
5used for a purpose that requires a school bus driver permit, at
6least every 6 months or 10,000 miles, whichever occurs first,
7or (iii) in the case of driver education vehicles used by
8public high schools, at least every 12 months for vehicles over
95 model years of age or having an odometer reading of over
1075,000 miles, whichever occurs first, or (iv) in the case of
11truck tractors in combination with a semitrailer, at least
12every 12 months, and according to schedules established by
13rules and regulations promulgated by the Department. Any
14component subject to regular inspection which is damaged in a
15reportable accident must be reinspected before the bus or first
16division vehicle including a taxi which is used for a purpose
17that requires a school bus driver permit is returned to
18service.
19 (b) The Department shall also conduct periodic
20nonscheduled inspections of school buses, of buses registered
21as charitable vehicles and of religious organization buses. If
22such inspection reveals that a vehicle is not in substantial
23compliance with the rules promulgated by the Department, the
24Department shall remove the Certificate of Safety from the
25vehicle, and shall place the vehicle out-of-service. A bright
26orange, triangular decal shall be placed on an out-of-service

HB3172 Engrossed- 3 -LRB100 09547 AXK 19713 b
1vehicle where the Certificate of Safety has been removed. The
2vehicle must pass a safety test at an official testing station
3before it is again placed in service.
4 (c) If the violation is not substantial a bright yellow,
5triangular sticker shall be placed next to the Certificate of
6Safety at the time the nonscheduled inspection is made. The
7Department shall reinspect the vehicle after 3 working days to
8determine that the violation has been corrected and remove the
9yellow, triangular decal. If the violation is not corrected
10within 3 working days, the Department shall place the vehicle
11out-of-service in accordance with procedures in subsection
12(b).
13 (d) If a violation is not substantial and does not directly
14affect the safe operation of the vehicle, the Department shall
15issue a warning notice requiring correction of the violation.
16Such correction shall be accomplished as soon as practicable
17and a report of the correction shall be made to the Department
18within 30 days in a manner established by the Department. If
19the Department has not been advised that the corrections have
20been made, and the violations still exist, the Department shall
21place the vehicle out-of-service in accordance with procedures
22in subsection (b).
23 (e) The Department is authorized to promulgate regulations
24to implement its program of nonscheduled inspections. Causing
25or allowing the operation of an out-of-service vehicle with
26passengers or unauthorized removal of an out-of-service

HB3172 Engrossed- 4 -LRB100 09547 AXK 19713 b
1sticker is a Class 3 felony. Causing or allowing the operation
2of a vehicle with a 3-day sticker for longer than 3 days with
3the sticker attached or the unauthorized removal of a 3-day
4sticker is a Class C misdemeanor.
5 (f) If a second division vehicle, first division vehicle
6including a taxi which is used for a purpose that requires a
7school bus driver permit, medical transport vehicle, or vehicle
8operated by a contract carrier as provided in subsection (a) of
9this Section is in safe mechanical condition, as determined
10pursuant to Chapter 13, the operator of the official testing
11station must at once issue to the second division vehicle,
12first division vehicle including a taxi which is used for a
13purpose that requires a school bus driver permit, or medical
14transport vehicle a certificate of safety, in the form and
15manner prescribed by the Department, which shall be affixed to
16the vehicle by the certified safety tester who performed the
17safety tests. The owner of the second division vehicle, first
18division vehicle including a taxi which is used for a purpose
19that requires a school bus driver permit, or medical transport
20vehicle or the contract carrier shall at all times display the
21Certificate of Safety on the second division vehicle, first
22division vehicle including a taxi which is used for a purpose
23that requires a school bus driver permit, medical transport
24vehicle, or vehicle operated by a contract carrier in the
25manner prescribed by the Department.
26 (g) If a test shows that a second division vehicle, first

HB3172 Engrossed- 5 -LRB100 09547 AXK 19713 b
1division vehicle including a taxi which is used for a purpose
2that requires a school bus driver permit, medical transport
3vehicle, or vehicle operated by a contract carrier is not in
4safe mechanical condition as provided in this Section, it shall
5not be operated on the highways until it has been repaired and
6submitted to a retest at an official testing station. If the
7owner or contract carrier submits the vehicle to a retest at a
8different official testing station from that where it failed to
9pass the first test, he or she shall present to the operator of
10the second station the report of the original test, and shall
11notify the Department in writing, giving the name and address
12of the original testing station and the defects which prevented
13the issuance of a Certificate of Safety, and the name and
14address of the second official testing station making the
15retest.
16(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
feedback