Bill Text: IL HB3256 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Permits the owner of a motor vehicle that is more than 25 years of age or a bona fide replica thereof to register the vehicle as an expanded-use antique vehicle. Provides that in addition to the appropriate registration and renewal fees, an applicant for an expanded-use antique vehicle shall be charged $45 per year for expanded-use antique vehicle plates. Provides that the usage restrictions that apply to antique vehicles also apply to expanded-use antique vehicles from January 1 through March 31 and from November 1 through December 31, but the restrictions do not apply the rest of the year. Amends provisions of the Illinois Vehicle Code and the Alternate Fuels Act to include references to expanded-use antique vehicles. Effective January 1, 2012.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0412 [HB3256 Detail]

Download: Illinois-2011-HB3256-Chaptered.html

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Public Act 097-0412
HB3256 Enrolled LRB097 08071 HEP 48194 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alternate Fuels Act is amended by changing
Section 35 as follows:
(415 ILCS 120/35)
Sec. 35. User fees.
(a) The Office of the Secretary of State shall collect
annual user fees from any individual, partnership,
association, corporation, or agency of the United States
government that registers any combination of 10 or more of the
following types of motor vehicles in the Covered Area: (1)
vehicles of the First Division, as defined in the Illinois
Vehicle Code; (2) vehicles of the Second Division registered
under the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as
defined in the Illinois Vehicle Code; and (3) commuter vans and
livery vehicles as defined in the Illinois Vehicle Code. This
Section does not apply to vehicles registered under the
International Registration Plan under Section 3-402.1 of the
Illinois Vehicle Code. The user fee shall be $20 for each
vehicle registered in the Covered Area for each fiscal year.
The Office of the Secretary of State shall collect the $20 when
a vehicle's registration fee is paid.

(b) Owners of State, county, and local government vehicles,
rental vehicles, antique vehicles, expanded-use antique
vehicles, electric vehicles, and motorcycles are exempt from
paying the user fees on such vehicles.
(c) The Office of the Secretary of State shall deposit the
user fees collected into the Alternate Fuels Fund.
(Source: P.A. 92-858, eff. 1-3-03; 93-32, eff. 7-1-03.)
Section 10. The Illinois Vehicle Code is amended by adding
Sections 1-118.1 and 3-804.01 and changing Sections 3-112.1,
3-806, 4-209, 12-205, 12-208, 12-301, 12-501, 12-608, 13-101,
and 13C-15 as follows:
(625 ILCS 5/1-118.1 new)
Sec. 1-118.1. Expanded-use antique vehicle.
A motor vehicle that is more than 25 years of age or a bona
fide replica thereof and which is registered and driven on the
highways in accordance with Section 3-804.01.
(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. Odometer.
(a) All titles issued by the Secretary of State beginning
January, 1990, shall provide for an odometer certification
substantially as follows:
"I certify to the best of my knowledge that the odometer
reading is and reflects the actual mileage of the vehicle

unless one of the following statements is checked.
...................
( ) 1. The mileage stated is in excess of its mechanical
limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains the
odometer certification as described in paragraph (a) above,
each transferor of a motor vehicle must supply on the title
form the following information:
(1) The odometer reading at the time of transfer and an
indication if the mileage is in excess of its mechanical
limits or if it is not the actual mileage;
(2) The date of transfer;
(3) The transferor's printed name and signature; and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form indicating
that he or she is aware of the odometer certification made by
the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to
acknowledge such disclosure under the following circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating of
more than 16,000 pounds;
(2) A vehicle that is not self-propelled;
(3) A vehicle that is 10 years old or older;

(4) A vehicle sold directly by the manufacturer to any
agency of the United States; and
(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such
transferor acknowledges that he or she is aware that Federal
regulations and State law require him or her to state the
odometer mileage upon transfer of ownership. An inaccurate or
untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee pursuant
to the federal Motor Vehicle Information and Cost Act of 1972,
P.L. 92-513 as amended by P.L. 94-364. No transferor shall be
liable for damages as provided under this Section who transfers
title to a motor vehicle which has an odometer reading that has
been altered or tampered with by a previous owner, unless that
transferor knew or had reason to know of such alteration or
tampering and sold such vehicle with an intent to defraud. A
cause of action is hereby created by which any person who, with
intent to defraud, violates any requirement imposed under this
Section shall be liable in an amount equal to the sum of:
(1) three times the amount of actual damages sustained
or $1,500, whichever is the greater; and
(2) in the case of any successful action to enforce the
foregoing liability, the costs of the action together with
reasonable attorney fees as determined by the court.
Any recovery based on a cause of action under this Section
shall be offset by any recovery made pursuant to the federal

Motor Vehicle Information and Cost Savings Act of 1972.
(f) The provisions of this Section shall not apply to any
motorcycle, motor driven cycle, moped, or antique vehicle, or
expanded-use antique vehicle.
(g) The Secretary of State may adopt rules and regulations
providing for a transition period for all non-conforming
titles.
(Source: P.A. 91-357, eff. 7-29-99; 92-651, eff. 7-11-02.)
(625 ILCS 5/3-804.01 new)
Sec. 3-804.01. Expanded-use antique vehicles.
(a) The owner of a motor vehicle that is more than 25 years
of age or a bona fide replica thereof may register the vehicle
as an expanded-use antique vehicle. In addition to the
appropriate registration and renewal fees, the fee for
expanded-use antique vehicle registration and renewal shall be
$45 per year. The application for registration must be
accompanied by an affirmation of the owner that:
(1) from January 1 through March 31 and from November 1
through December 31, the vehicle will be driven on the
highways only for the purpose of going to and returning
from an antique auto show or an exhibition, or for
servicing or demonstration; and
(2) the mechanical condition, physical condition,
brakes, lights, glass, and appearance of such vehicle is
the same or as safe as originally equipped.

From April 1 through October 31, a vehicle registered as an
expanded-use antique vehicle may be driven on the highways
without being subject to the restrictions set forth in
subdivision (1). The Secretary may prescribe, in the
Secretary's discretion, that expanded-use antique vehicle
plates be issued for a definite or an indefinite term, such
term to correspond to the term of registration plates issued
generally, as provided in Section 3-414.1. Any person
requesting expanded-use antique vehicle plates under this
Section may also apply to have vanity or personalized plates as
provided under Section 3-405.1.
(b) Any person who is the registered owner of an
expanded-use antique vehicle may display a historical license
plate from or representing the model year of the vehicle,
furnished by such person, in lieu of the current and valid
Illinois expanded-use antique vehicle plates issued thereto,
provided that the valid and current Illinois expanded-use
antique vehicle plates and registration card issued to the
expanded-use antique vehicle are simultaneously carried within
the vehicle and are available for inspection.
(c) The Secretary may credit a pro-rated portion of a fee
previously paid for an antique vehicle registration under
Section 3-804 to an owner who applies to have that vehicle
registered as an expanded-use antique vehicle instead of an
antique vehicle.

(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-804.01,
3-805, 3-806.3, 3-806.7, and 3-808, and every second division
vehicle weighing 8,000 pounds or less, shall pay the Secretary
of State an annual registration fee at the following rates:
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2010 registration year
Annual
Fee
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles $98
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
Beginning with the 2010 registration year a $1 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the State Police
Vehicle Fund.
All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects

Fund.
(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09;
96-747, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7
years of age; disposal of abandoned or unclaimed vehicles
without notice.
(a) When the identity of the registered owner, lienholder,
or other legally entitled persons of an abandoned, lost, or
unclaimed vehicle of 7 years of age or newer cannot be
determined by any means provided for in this Chapter, the
vehicle may be sold as provided in Section 4-208 without notice
to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age
is impounded as specified by this Chapter, or when any such
vehicle is towed at the request or with the consent of the
owner or operator and is subsequently abandoned, it will be
kept in custody or storage for a minimum of 10 days for the
purpose of determining the identity of the registered owner,
lienholder, or other legally entitled persons and contacting
the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or in person for a
determination of disposition; and, an examination of the State
Police stolen vehicle files for theft and wanted information.
At the expiration of the 10 day period, without the benefit of

disposition information being received from the registered
owner, lienholder, or other legally entitled persons, the
vehicle may be disposed of in either of the following ways:
(1) The law enforcement agency having jurisdiction
will authorize the disposal of the vehicle as junk or
salvage.
(2) The towing service may sell the vehicle in the
manner provided in Section 4-208 of this Code, provided
that this paragraph (2) shall not apply to vehicles towed
by order or authorization of a law enforcement agency.
(c) A vehicle classified as an antique vehicle,
expanded-use antique vehicle, custom vehicle, or street rod may
however be sold to a person desiring to restore it.
(Source: P.A. 92-668, eff. 1-1-03.)
(625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
Sec. 12-205. Lamps on other vehicles and equipment. Every
vehicle, including animal drawn vehicles, referred to in
paragraph (b) of Section 12-101, not specifically required by
the provisions of this Article to be equipped with lamps or
other lighting devices, shall at all times specified in Section
12-201 of this Act be equipped with at least 2 lamps on the
power or towing unit, displaying a white light visible from a
distance of not less than 1,000 feet to the front of such
vehicle and shall also be equipped with 2 lamps each displaying
a red light visible from a distance of not less than 1,000 feet

to the rear of such vehicle.
Where the towed unit or any load thereon partially or
totally obscures the 2 lamps displaying red light to the rear
of the towing unit, the rearmost towed unit shall be equipped
with 2 lamps displaying red light visible from a distance of
not less than 1,000 feet to the rear of such towed unit which
are positioned in such a manner as to not obstruct the
visibility of the red light to any vehicle operator approaching
from the rear of such vehicle or combination of vehicles.
Where the 2 lamps displaying red light are not obscured by
the towed unit or its load, then either towing unit or towed
unit, or both, may be equipped with the 2 lamps displaying red
light as required.
The preceding paragraph does not apply to antique vehicles,
expanded-use antique vehicles, custom vehicles, or street
rods. An antique vehicle or expanded-use antique vehicle shall
be equipped with lamps of the same type originally installed by
the manufacturer as original equipment and in working order.
(Source: P.A. 92-668, eff. 1-1-03.)
(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
Sec. 12-208. Signal lamps and signal devices.
(a) Every vehicle other than an antique vehicle displaying
an antique plate or an expanded-use antique vehicle displaying
expanded-use antique vehicle plates operated in this State
shall be equipped with a stop lamp or lamps on the rear of the

vehicle which shall display a red or amber light visible from a
distance of not less than 500 feet to the rear in normal
sunlight and which shall be actuated upon application of the
service (foot) brake, and which may but need not be
incorporated with other rear lamps. During times when lighted
lamps are not required, an antique vehicle or an expanded-use
antique vehicle may be equipped with a stop lamp or lamps on
the rear of such vehicle of the same type originally installed
by the manufacturer as original equipment and in working order.
However, at all other times, except as provided in subsection
(a-1), such antique vehicle or expanded-use antique vehicle
must be equipped with stop lamps meeting the requirements of
Section 12-208 of this Act.
(a-1) An antique vehicle or an expanded-use antique
vehicle, including an antique motorcycle, may display a blue
light or lights of up to one inch in diameter as part of the
vehicle's rear stop lamp or lamps.
(b) Every motor vehicle other than an antique vehicle
displaying an antique plate or an expanded-use antique vehicle
displaying expanded-use antique vehicle plates shall be
equipped with an electric turn signal device which shall
indicate the intention of the driver to turn to the right or to
the left in the form of flashing lights located at and showing
to the front and rear of the vehicle on the side of the vehicle
toward which the turn is to be made. The lamps showing to the
front shall be mounted on the same level and as widely spaced

laterally as practicable and, when signaling, shall emit a
white or amber light, or any shade of light between white and
amber. The lamps showing to the rear shall be mounted on the
same level and as widely spaced laterally as practicable and,
when signaling, shall emit a red or amber light. An antique
vehicle or expanded-use antique vehicle shall be equipped with
a turn signal device of the same type originally installed by
the manufacturer as original equipment and in working order.
(c) Every trailer and semitrailer shall be equipped with an
electric turn signal device which indicates the intention of
the driver in the power unit to turn to the right or to the left
in the form of flashing red or amber lights located at the rear
of the vehicle on the side toward which the turn is to be made
and mounted on the same level and as widely spaced laterally as
practicable.
(d) Turn signal lamps must be visible from a distance of
not less than 300 feet in normal sunlight.
(e) Motorcycles and motor-driven cycles need not be
equipped with electric turn signals. Antique vehicles and
expanded-use antique vehicles need not be equipped with turn
signals unless such were installed by the manufacturer as
original equipment.
(f) (Blank).
(Source: P.A. 96-487, eff. 1-1-10.)
(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)

Sec. 12-301. Brakes.
(a) Brake equipment required.
1. Every motor vehicle, other than a motor-driven
cycle, and an antique vehicle displaying an antique plate,
and an expanded-use antique vehicle displaying
expanded-use antique vehicle plates, when operated upon a
highway shall be equipped with brakes adequate to control
the movement of and to stop and hold such vehicle,
including 2 separate means of applying the brakes, each of
which means shall be effective to apply the brakes to at
least one wheel on a motorcycle and at least 2 wheels on
all other first division and second division vehicles. If
these 2 separate means of applying the brakes are connected
in any way, they shall be so constructed that failure of
any one part of the operating mechanism shall not leave the
motor vehicle without brakes.
2. Every motor-driven cycle when operated upon a
highway shall be equipped with at least one brake which may
be operated by hand or foot.
3. Every antique vehicle shall be equipped with the
brakes of the same type originally installed by the
manufacturer as original equipment and in working order.
4. Except as provided in paragraph 4.1, every trailer
or semitrailer of a gross weight of over 3,000 pounds, when
operated upon a highway must be equipped with brakes
adequate to control the movement of, to stop and to hold

such vehicle, and designed so as to be operable by the
driver of the towing vehicle from its cab. Such brakes must
be so designed and connected that in case of an accidental
breakaway of a towed vehicle over 5,000 pounds, the brakes
are automatically applied.
4.1. Every boat trailer of a gross weight of over 3,000
pounds, when operated upon a highway, must be equipped with
brakes adequate to control the movement of, to stop, and to
hold that boat trailer. The brakes must be designed to
ensure that, in case of an accidental breakaway of a towed
boat trailer over 5,000 pounds, the brakes are
automatically applied.
5. Every motor vehicle, expanded-use antique vehicle,
trailer, pole trailer or semitrailer, sold in this State or
operated upon the highways shall be equipped with service
brakes upon all wheels of every such vehicle, except any
motor-driven cycle, and except that any trailer, pole
trailer or semitrailer 3,000 pounds gross weight or less
need not be equipped with brakes, and except that any
trailer or semitrailer with gross weight over 3,000 pounds
but under 5,001 pounds need be equipped with brakes on only
one wheel on each side of the vehicle. Any motor vehicle
and truck tractor having 3 or more axles and manufactured
prior to July 25, 1980 need not have brakes on the front
wheels, except when such vehicles are equipped with at
least 2 steerable axles, the wheels of one such axle need

not be equipped with brakes. However, a vehicle that is
more than 30 years of age and which is driven on the
highways only in going to and returning from an antique
auto show or for servicing or for a demonstration need be
equipped with 2 wheel brakes only.
(b) Performance ability of brakes.
1. The service brakes upon any motor vehicle or
combination of vehicles operating on a level surface shall
be adequate to stop such vehicle or vehicles when traveling
20 miles per hour within a distance of 30 feet when upon
dry asphalt or concrete pavement surface free from loose
material.
2. Under the above conditions the hand brake shall be
adequate to stop such vehicle or vehicles, except any
motorcycle, within a distance of 55 feet and the hand brake
shall be adequate to hold such vehicle or vehicles
stationary on any grade upon which operated.
3. Under the above conditions the service brakes upon
an antique vehicle or expanded-use antique vehicle shall be
adequate to stop the vehicle within a distance of 40 feet
and the hand brake adequate to stop the vehicle within a
distance of 55 feet.
4. All braking distances specified in this Section
apply to all vehicles mentioned, whether such vehicles are
unloaded or are loaded to the maximum capacity permitted
under this Act.

5. All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as
practicable with respect to the wheels on opposite sides of
the vehicle.
6. Brake assembly requirements for mobile homes shall
be the standards required by the United States Department
of Housing and Urban Development adopted under Title VI of
the Housing and Community Development Act of 1974.
(c) (Blank).
(Source: P.A. 96-487, eff. 1-1-10.)
(625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
Sec. 12-501. Windshields and safety glazing material in
motor vehicles.
(a) Every motor vehicle operated upon the highways of this
State shall be equipped with a front windshield which complies
with those standards as established pursuant to this Section
and Section 12-503 of this Code. This subsection shall not
apply to motor vehicles designed and used exclusively for
off-highway use, motorcycles, motor-driven cycles, motorized
pedalcycles, nor to motor vehicles registered as antique
vehicles, expanded-use antique vehicles, custom vehicles, or
street rods when the original design of such vehicles did not
include front windshields.
(b) No person shall knowingly sell any 1936 or later model
motor vehicle unless such vehicle is equipped with safety

glazing material conforming to specifications prescribed by
the Department wherever glazing material is used in doors,
windows and windshields. Regulations promulgated by the
Department specifying standards for safety glazing material on
windshields shall, as a minimum, conform with those applicable
Federal Motor Vehicles Safety Standards (49 CFR 571.205). These
provisions apply to all motor vehicles of the first and second
division but with respect to trucks, including truck tractors,
the requirements as to safety glazing material apply to all
glazing material used in doors, windows and windshields in the
drivers' compartments of such vehicles.
(c) It is unlawful for the owner or any other person
knowingly to install or cause to be installed in any motor
vehicle any glazing material other than safety glazing material
conforming to the specifications prescribed by the Department.
(Source: P.A. 92-668, eff. 1-1-03.)
(625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
Sec. 12-608. Bumpers.
(a) It shall be unlawful to operate any motor vehicle with
a gross vehicle weight rating of 9,000 pounds or less or any
motor vehicle registered as a recreational vehicle under this
Code on any highway of this State unless such motor vehicle is
equipped with both a front and rear bumper.
Except as indicated below, maximum bumper heights of such
motor vehicles shall be determined by weight category of gross

vehicle weight rating (GVWR) measured from a level surface to
the highest point of the bottom of the bumper when the vehicle
is unloaded and the tires are inflated to the manufacturer's
recommended pressure.
Maximum bumper heights are as follows:
Maximum Front Maximum Rear
Bumper height Bumper Height
All motor vehicles of the first
division except multipurpose
passenger vehicles: 22 inches 22 inches
Multipurpose passenger vehicles
and all other motor vehicles:
4,500 lbs. and under GVWR 24 inches 26 inches
4,501 lbs. through 7,500
lbs. GVWR 27 inches 29 inches
7,501 lbs. through 9,000
lbs. GVWR 28 inches 30 inches
It is unlawful to operate upon any highway of this State
any vehicle with a front bumper height that exceeds 28 inches
or a rear bumper height that exceeds 30 inches, regardless of
the GVWR of the vehicle, except those vehicles covered by
Chapter 18b of this Code.
For any vehicle with bumpers or attaching components which
have been modified or altered from the original manufacturer's
design in order to conform with the maximum bumper requirements
of this section, the bumper height shall be measured from a

level surface to the bottom of the vehicle frame rail at the
most forward and rearward points of the frame rail. The bumper
on any vehicle so modified or altered shall be at least 4.5
inches in vertical height and extend no less than the width of
the respective wheel tracks outermost distance.
However, nothing in this Section shall prevent the
installation of bumper guards.
(b) This Section shall not apply to street rods, custom
vehicles, motor vehicles designed or modified primarily for
off-highway purposes while such vehicles are in tow or to
motorcycles or motor driven cycles, nor to motor vehicles
registered as antique vehicles or expanded-use antique
vehicles when the original design of such antique vehicles or
expanded-use antique vehicles did not include bumpers. The
provisions of this Section shall not apply to any motor vehicle
driven during the first 1000 recorded miles of that vehicle,
when such vehicle is owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates as
described in Chapter 3 of this Code while such vehicle is (1)
being delivered from the manufacturing or assembly plant
directly to the purchasing dealer or distributor, or from one
dealership or distributor to another; (2) being moved by the
most direct route from one location to another for the purpose
of installing special bodies or equipment; or (3) being driven
for purposes of demonstration by a prospective buyer with the
dealer or his agent present in the cab of the vehicle during

the demonstration.
The dealer shall, prior to the receipt of any deposit made
or any contract signed by the buyer to secure the purchase of a
vehicle, inform such buyer, by written statement signed by the
purchaser to indicate acknowledgement of the contents thereof,
of the legal requirements of this Section regarding front and
rear bumpers if such vehicle is not to be equipped with bumpers
at the time of delivery.
(c) Any violation of this Section is a Class C misdemeanor.
A second conviction under this Section shall be punishable with
a fine of not less than $500. An officer making an arrest under
this Section shall order the vehicle driver to remove the
vehicle from the highway. A person convicted under this Section
shall be ordered to bring his vehicle into compliance with this
Section.
(Source: P.A. 92-668, eff. 1-1-03; 93-702, eff. 7-9-04.)
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; Certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, or contract carrier transporting employees in the
course of their employment on a highway of this State in a
vehicle designed to carry 15 or fewer passengers shall, before
operating the vehicle upon the highways of Illinois, submit it
to a "safety test" and secure a certificate of safety furnished

by the Department as set forth in Section 13-109. Each second
division motor vehicle that pulls or draws a trailer,
semitrailer or pole trailer, with a gross weight of more than
8,000 lbs or is registered for a gross weight of more than
8,000 lbs, motor bus, religious organization bus, school bus,
senior citizen transportation vehicle, and limousine shall be
subject to inspection by the Department and the Department is
authorized to establish rules and regulations for the
implementation of such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection pursuant
to Section 3-308 of this Code. In implementing and enforcing
the provisions of this Section, the Department and other
authorized State agencies shall do so in a manner that is not
inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population

of 1,000,000 or more inhabitants and which are subject to
safety tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a
permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates
as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly plant
directly to the purchasing dealership or distributor, or
being temporarily road driven for quality control testing,

or from one dealer or distributor to another, or are being
moved by the most direct route from one location to another
for the purpose of installing special bodies or equipment,
or driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of
the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate,
except vehicles of contract carriers transporting
employees in the course of their employment on a highway of
this State in a vehicle designed to carry 15 or fewer
passengers are only exempted to the extent that the safety
testing requirements applicable to such vehicles in the
state of registration are no less stringent than the safety
testing requirements applicable to contract carriers that
are lawfully registered in Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and
(n) second division vehicles registered for a gross
weight of 8,000 pounds or less, except when such second
division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or

registered for a gross weight of more than 8,000 pounds;
motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles and tow trucks.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests as
the Department may by rule or regulation require, for second
division vehicles, school buses, medical transport vehicles,
tow trucks, vehicles designed to carry 15 or fewer passengers
operated by a contract carrier transporting employees in the
course of their employment on a highway of this State,
trailers, and semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
For trucks, truck tractors, trailers, semi-trailers, and
buses, the safety test shall be conducted in accordance with
the Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of

Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, or vehicle designed to carry 15 or
fewer passengers operated by a contract carrier as provided in
this Section which is unsafe as determined by the standards
prescribed in this Code.
(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections.
(a) Computer-Matched Inspections and Notification.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
inspection and notification mechanisms required by
subsection (b). Beginning with the implementation of the
program required by this Chapter, every motor vehicle that
is owned by a resident of an affected county, other than a
vehicle that is exempt under paragraph (a)(6) or (a)(7), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the
assigned month, to the owner of each vehicle subject to the

program. An initial emission inspection sticker or initial
inspection certificate, as the case may be, expires on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. A
renewal inspection sticker or certificate expires on the
last day of the third month following the month assigned
for inspection in the year in which the vehicle's next
inspection is required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject
to inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. An interim
emission inspection sticker or certificate expires no
later than the last day of the sixth complete calendar
month after the date the Agency issued the interim emission
inspection sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for
the vehicle in accordance with this paragraph (1). Before
the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected
and, upon demonstration of compliance, obtain a renewal
emission inspection sticker or certificate. A renewal

emission inspection sticker or certificate shall not be
issued more than 5 months before the expiration date of the
previous inspection sticker or certificate.
(2) Except as provided in paragraph (a)(3), vehicles
shall be inspected every 2 years on a schedule that begins
either in the second, fourth, or later calendar year after
the vehicle model year. The beginning test schedule shall
be set by the Agency and shall be consistent with the
State's requirements for emission reductions as determined
by the applicable United States Environmental Protection
Agency vehicle emissions estimation model and applicable
guidance and rules.
(3) A vehicle may be inspected at a time outside of its
normal 2-year inspection schedule, if (i) the vehicle was
acquired by a new owner and (ii) the vehicle was required
to be in compliance with this Act at the time the vehicle
was acquired by the new owner, but it was not then in
compliance.
(4) The owner of a vehicle subject to inspection shall
have the vehicle inspected and shall obtain and display on
the vehicle or carry within the vehicle, in a manner
specified by the Agency, a valid unexpired emission
inspection sticker or certificate in the manner specified
by the Agency. A person who violates this paragraph (4) is
guilty of a petty offense, except that a third or
subsequent violation within one year of the first violation

is a Class C misdemeanor. The fine imposed for a violation
of this paragraph (4) shall be not less than $50 if the
violation occurred within 60 days following the date by
which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle,
and not less than $300 if the violation occurred more than
60 days after that date.
(5) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emission inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (5) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(6) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.

(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption

stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this paragraph
(6). An exemption sticker or certificate does not need to
be displayed.
(7) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emission inspections are not
required. The Agency may issue an annual exemption sticker
or certificate without inspection for any vehicle exempted
from inspection under this paragraph (7).
(8) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(9) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency may establish a program of
on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic

delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emission standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor vehicle
that is owned by a resident of an affected county, other
than a vehicle that is exempt under paragraph (b)(8) or
(b)(9), is subject to inspection under the program.
The owner of a vehicle subject to inspection shall have
the vehicle inspected and obtain proof of compliance from
the Agency in order to obtain or renew a vehicle
registration for a subject vehicle.
The Secretary of State shall notify the owner of a
vehicle subject to inspection of the requirement to have
the vehicle tested at least 30 days prior to the beginning

of the month in which the vehicle's registration is due to
expire. Notwithstanding the preceding, vehicles with
permanent registration plates shall be notified at least 30
days prior to the month corresponding to the date the
vehicle was originally registered. This notification shall
clearly state the vehicle's test status, based upon the
vehicle type, model year and registration address.
The owner of each vehicle subject to inspection shall
have the vehicle inspected and, upon demonstration of
compliance, obtain an emissions compliance certificate for
the vehicle.
(2) Except as provided in paragraphs (b)(3), (b)(4),
and (b)(5), vehicles shall be inspected every 2 years on a
schedule that begins in the fourth calendar year after the
vehicle model year. Even model year vehicles shall be
inspected and comply in order to renew registrations
expiring in even calendar years and odd model year vehicles
shall be inspected and comply in order to renew
registrations expiring in odd calendar years.
(3) A vehicle shall be inspected and comply at a time
outside of its normal 2-year inspection schedule if (i) the
vehicle was acquired by a new owner and (ii) the vehicle
had not been issued a Compliance Certificate within one
year of the date of application for the title or
registration, or both, for the vehicle.
(4) Vehicles with 2-year registrations shall be

inspected every 2 years at the time of registration
issuance or renewal on a schedule that begins in the fourth
year after the vehicle model year.
(5) Vehicles with permanent vehicle registration
plates shall be inspected every 2 years on a schedule that
begins in the fourth calendar year after the vehicle model
year in the month corresponding to the date the vehicle was
originally registered. Even model year vehicles shall be
inspected and comply in even calendar years, and odd model
year vehicles shall be inspected and comply in odd calendar
years.
(6) The Agency and the Secretary of State shall
endeavor to ensure a smooth transition from test scheduling
from the provisions of subsection (a) to subsection (b).
Passing tests and waivers issued prior to the
implementation of this subsection (b) may be utilized to
establish compliance for a period of one year from the date
of the emissions or waiver inspection.
(7) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emissions inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (7) shall not
offset Motor Fuel Tax Funds normally appropriated for the

program.
(8) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental

Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption
certificates for vehicles temporarily or permanently
exempt from inspection under this paragraph (8). An
exemption sticker or certificate does not need to be
displayed.
(9) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emissions inspections are not
required. The Agency may issue an annual exemption
certificate without inspection for any vehicle exempted
from inspection under this paragraph (9).
(10) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section

may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(11) Pursuant to Title 40, Section 51.371 of the Code
of Federal Regulations, the Agency may establish a program
of on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emissions standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)

Section 99. Effective date. This Act takes effect January
1, 2012.