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| Public Act 103-0476
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| SB0273 Enrolled | LRB103 26218 HEP 52577 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 13-101, 13-103, 13-103.1, 13-103.3, 13-106, |
13-107, 13-108, 13-109, and 13-110 and by adding Sections |
13-103.4 and 13-105.2 as follows:
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(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
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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, first division vehicle including a taxi which is |
used for a purpose that requires a school bus driver permit, |
motor vehicle used for driver education training, 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,
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semitrailer or pole trailer, with a gross weight of 10,001 lbs |
or more or
is registered for a gross weight of 10,001 lbs or |
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more, 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.
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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.
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However, none of the provisions of Chapter 13 requiring |
safety
tests or a certificate of safety shall apply to:
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(a) farm tractors, machinery and implements, wagons, |
wagon-trailers
or like farm vehicles used primarily in |
agricultural pursuits;
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(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;
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(c) a semitrailer or trailer having a gross weight of |
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5,000 pounds
or less including vehicle weight and maximum |
load;
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(d) recreational vehicles;
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(e) vehicles registered as and displaying Illinois
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antique vehicle plates and vehicles registered as |
expanded-use antique vehicles and displaying expanded-use |
antique vehicle plates;
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(f) house trailers equipped and used for living |
quarters;
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(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
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exemption of not requiring a certificate of safety, such |
vehicle must be
safety tested within 30 days of the |
reclassification;
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(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
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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 |
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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;
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(i) pole trailers and auxiliary axles;
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(j) special mobile equipment;
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(k) vehicles properly registered in another State |
pursuant to law and
displaying a valid registration plate |
or digital 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
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are no less stringent than the safety testing requirements |
applicable
to contract carriers that are lawfully |
registered in Illinois;
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(l) water-well boring apparatuses or rigs;
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(m) any vehicle which is owned and operated by the |
federal government
and externally displays evidence of |
such ownership; and
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(n) second division vehicles registered for a gross |
weight of 10,000
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 10,000 pounds; |
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motor buses;
religious organization buses; school buses; |
senior citizen transportation
vehicles; medical transport |
vehicles; tow trucks; and any property carrying vehicles |
being operated in commerce that are registered for a gross |
weight of more than 8,000 lbs but less than 10,001 lbs.
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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
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vehicles, tow trucks, first division vehicles including taxis |
which are used for a purpose that requires a school bus driver |
permit, motor vehicles used for driver education training, |
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
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semitrailers subject to inspection.
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For tow trucks, the safety test and inspection shall also |
include
the inspection of winch mountings, body panels, body
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mounts, wheel lift swivel points,
and sling straps, and other |
tests and inspections the Department by
rule requires for tow |
trucks.
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For driver education vehicles used by public high schools, |
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the vehicle must also be equipped with dual control brakes, a |
mirror on each side of the vehicle so located as to reflect to |
the driver a view of the highway for a distance of at least 200 |
feet to the rear, and a sign visible from the front and the |
rear identifying the vehicle as a driver education car. |
For trucks, truck tractors, trailers, semi-trailers, buses |
engaged in interstate commerce as defined Section 1-133 of |
this Code, and first division vehicles including taxis which |
are used for a purpose that requires a school bus driver |
permit, 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.
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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.
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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, motor vehicle used for driver |
education training, or vehicle designed to carry 15 or fewer |
passengers operated by a
contract carrier as provided in this |
Section that is unsafe, as determined by
the standards |
prescribed in this Code.
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(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
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Sec. 13-103. Official testing stations - Fee - Permit - |
Bond. Upon the
payment of a fee of $50 $10 and the filing of an |
application
by the proprietor of a company or municipality any |
vehicle service station or public or private
garage upon forms |
furnished by the Department, accompanied by proof of
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experience, training and ability of the operator of the |
testing
equipment, together with proof of installation of |
approved testing
equipment as defined in Section 13-102 and |
the giving of a bond
conditioned upon faithful observance of |
this Section and of rules and
regulations issued by the |
Department in the amount of $10,000 $1,000 with
security |
approved by the Department, the Department shall issue a |
permit
to the proprietor of such company or municipality |
vehicle service station or garage to
operate an Official |
Testing Station. Such permit shall expire 12 months
following |
its issuance, but may be renewed annually by complying
with |
the requirements set forth in this Section and upon the |
payment of a
renewal fee of $50 $10. Proprietors of official |
testing stations for
which permits have been issued prior to |
the effective date of this Act
may renew such permits for the |
renewal fee of $50 $10 on the expiration
of each 12 months |
following issuance of such permits, by complying with
the |
requirements set forth in this Section. However, any city, |
village or
incorporated town shall upon application to the |
Department and without
payment of any fee or filing of any |
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bond, but upon proof of experience,
training and ability of |
the operator of the testing equipment, and proof
of the |
installation of approved testing equipment as defined in |
Section
13-102, be issued a permit to operate such testing |
station as an
Official Testing Station under this Act. The |
permit so
issued shall at all times be displayed in a prominent |
place in the official vehicle
service station, garage or |
municipal testing station which is licensed as
an Official |
Testing Station under this Act. No
person or company vehicle |
service station, garage or municipality municipal testing
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station shall in any manner claim or represent himself or |
itself to be
an official testing station unless a permit has |
been issued to him or it
as provided in this Section.
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Any person or municipality who or which has received a |
permit under
this Section may test his or its own second |
division
vehicles and issue certificates of safety and conduct |
emission inspections of
his or its own second division |
vehicles in accordance with the requirements of
Section |
13-109.1 with respect to any such
second division vehicles |
owned, operated or controlled by him or it.
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Each such permit issued by the Department shall state on |
its face the
location of the official testing station to be |
operated under the permit and
safety tests shall be made only |
at such location. However, the
Department may, upon |
application, authorize a change in the
location of the |
official testing station and the removal of the testing
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equipment to the new location. Upon approval of such |
application, the
Department shall issue an endorsement which |
the applicant shall affix to
his permit. Such endorsement |
constitutes authority for the applicant to
make such change in |
location and to remove his testing equipment at the
times and |
to the places stated in the endorsement.
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(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
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Sec. 13-103.1. Annual certification of certified safety |
testers and certified diesel emission testers - Fee - Renewal.
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Only certified safety testers are authorized to perform safety |
tests and
affix Certificates of Safety to vehicles. The |
Department shall annually
certify those certified safety |
testers and certified diesel emission testers who have met its |
requirements. Certified safety Safety testers' and certified |
diesel emission testers'
certificates shall expire 12 months |
following the date of issue, but may
be renewed annually by |
complying with the requirements as established by the |
Department.
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(Source: P.A. 80-606.)
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(625 ILCS 5/13-103.3) |
Sec. 13-103.3. Official portable emissions testing |
company; fee; permit; bond. Upon the payment of a fee of $50 |
$10 and the filing of an application by the proprietor of any |
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vehicle service company upon forms furnished by the |
Department, accompanied by proof of experience, training, and |
ability of the operator of the testing equipment, together |
with proof of approved testing equipment as defined in Section |
13-102 and the giving of a bond conditioned upon faithful |
observance of this Section and of rules adopted by the |
Department in the amount of $10,000 $1,000 with security |
approved by the Department, the Department shall issue a |
permit to the proprietor of the vehicle service company to |
operate an official portable emissions testing company. An |
official portable emissions testing company shall only conduct |
portable emissions inspections for diesel fleets with 5 or |
more diesel vehicles required to be inspected under subsection |
(a) of Section 13-109.1, and only at the fleet owner's place of |
business. A permit issued under this Section shall expire 12 |
months following its issuance, but may be renewed annually by |
complying with this Section and upon the payment of a renewal |
fee of $50 $10. No person or vehicle service company shall |
operate as an official portable emissions testing company |
without having been issued a permit as provided in this |
Section. |
A permittee under this Section may test second division |
vehicles owned, operated, or controlled by the permittee to |
conduct emission inspections of such vehicles in accordance |
with Section 13-109.1. A permittee under this Section may |
conduct interstate inspections on interstate carriers in |
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accordance with 49 CFR Part 396. |
Each permit issued by the Department shall state on its |
face the location of the recordkeeping office of the |
proprietor of the official portable emissions testing company. |
However, the Department, upon application, may authorize a |
change in the location of the recordkeeping office. Upon the |
approval of such an application, the Department shall issue an |
endorsement to be fixed by the applicant to the permit. Such an |
endorsement constitutes authority for the applicant to make |
the change in location.
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-103.4 new) |
Sec. 13-103.4. Official mobile safety testing company; |
fee; permit; bond. Upon the payment of a fee of $50 and the |
filing of an application by the proprietor of a company or |
municipality seeking to perform mobile safety inspections upon |
forms furnished by the Department, accompanied by proof of |
experience, training, and ability of the operator of the |
testing equipment, together with proof of approved testing |
equipment as defined in Section 13-102 and the giving of a bond |
conditioned upon faithful observance of this Section and rules |
adopted by the Department in the amount of $10,000 with |
security approved by the Department, the Department shall |
issue a permit to the proprietor to operate an official mobile |
safety testing company. An official mobile safety testing |
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company must maintain a physical office in this State. The |
permit shall expire 12 months following its issuance, but may |
be renewed annually by complying with the requirements set |
forth in this Section and upon the payment of a renewal fee of |
$50. The permit so issued shall at all times be displayed in a |
prominent place in the official mobile safety testing vehicle |
as well as at the required physical office of the testing |
company. No person or official mobile safety testing company |
shall in any manner claim or represent himself, herself, or |
itself to be an official mobile safety testing company unless |
a permit has been issued to the person or company as provided |
in this Section. |
Any person or municipality that has received a permit |
under this Section may test the second division vehicles owned |
by the person or municipality and issue certificates of safety |
vehicles owned by the person or municipality in accordance |
with the requirements of Section 13-109.1 with respect to any |
such vehicles owned, operated, or controlled by the person or |
municipality. |
Each such permit issued by the Department shall state on |
its face the location of the physical office of the official |
mobile safety testing company. The physical office shall be |
the location in which all records are stored and retained. |
Official mobile safety testing companies shall only perform |
safety tests of vehicles at the vehicle owner's place of |
business with a 48-hour advance notice to the Department. The |
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Department may, upon application, authorize a change in the |
location of the physical office to a new location. Upon the |
approval of such an application, the Department shall issue an |
endorsement, which the applicant shall affix to his or her |
permit. Such an endorsement constitutes authority for the |
applicant to operate. |
As used in this Section, "official mobile safety testing |
company" means a safety testing company permitted to test |
trucks, truck tractors, trailers, semi-trailers, and buses |
engaged in interstate commerce as defined Section 1-133 of |
this Code. The safety test shall be conducted in accordance |
with the Minimum Periodic Inspection Standards promulgated by |
the Federal Highway Administration of the United States |
Department of Transportation and contained in Appendix G to |
Subchapter B of Chapter III of Title 49 of the Code of Federal |
Regulations. |
The Department shall adopt rules to implement this |
Section.
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(625 ILCS 5/13-105.2 new) |
Sec. 13-105.2. Inspection of official mobile safety |
testing companies. Employees specifically authorized by the |
Department to conduct inspections shall inspect all official |
mobile safety testing companies at frequent intervals. Such |
employees shall have access to all records relating to tests |
and work done or parts sold as a result of such tests, to |
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ascertain whether the tests are properly, fairly, and honestly |
made, and may examine the owner of the official mobile safety |
testing company or any officer or employee thereof under oath.
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(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
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Sec. 13-106. Rates and charges by official testing |
stations, official mobile testing companies, and official |
portable emissions testing companies; schedule
to be filed. |
Every operator of an official testing station or official |
portable emissions testing company shall file with
the |
Department, in the manner prescribed by the Department, a |
schedule of
all rates and charges made by him for performing |
the tests
provided for in
Section 13-101 and Section 13-109.1. |
Such rate or charge shall include an
amount to reimburse
the |
operator of the official testing station or official portable |
emissions testing company for the purchase from the
Department
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of the certificate of safety required by this chapter, not to |
exceed that
fee paid to the Department by the operator |
authorized by this chapter.
Such rates and charges shall be |
just and reasonable and the Department upon
its own initiative |
or upon complaint of any person or corporation may require
the |
testing station operator to appear for a hearing and prove |
that the
rates so filed are just and reasonable. A "just and |
reasonable" rate or
charge, for the purposes of this Section, |
means a rate or charge which is
the same, or nearly the same, |
as the prevailing rate or charge for the same
or similar tests |
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made in the community where the station is located. No
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operator may change this schedule of rates and charges until |
the proposed
changes are filed with and approved by the |
Department. No license may be
issued to any official testing |
station or official portable emissions testing company unless |
the applicant has filed with
the Department a proposed |
schedule of rates and charges and unless such
rates and |
charges have been approved by the Department. No operator of
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an official testing station or official portable emissions |
testing company shall charge more or less than the rates so
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filed with and approved by the Department.
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
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Sec. 13-107. Investigation of complaints against official |
testing stations, official mobile testing companies, and |
official portable emissions testing companies. The Department |
shall, upon its own motion, or upon charges made in
writing |
verified under oath, investigate complaints that an official
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testing station or official portable emissions testing company |
is willfully falsifying records or tests,
either for the
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purpose of selling parts or services not actually required, or |
for the
purpose of issuing a certificate of safety for a |
vehicle 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,
second division
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vehicle,
or medical transport vehicle
that is not in safe |
mechanical condition as determined by the standards of
this |
Chapter in violation of the provisions of this Chapter or of |
the rules
and regulations issued by the Department.
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The Secretary of Transportation, for the purpose of more |
effectively
carrying out the provisions of Chapter 13, may |
appoint such a number of
inspectors as he may deem necessary. |
Such inspectors shall inspect and
investigate applicants for |
official testing station or official portable emissions |
testing company permits and investigate
and report violations. |
With respect to enforcement of the
provisions of this Chapter |
13, such inspectors shall have and may exercise
throughout the |
State all the powers of police officers.
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The Secretary must authorize to each inspector and to any |
other employee of
the Department exercising the powers of a |
peace officer a distinct badge that,
on its face, (i) clearly |
states that the badge is authorized by the Department
and (ii) |
contains a unique identifying number. No other badge shall be
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authorized by the Department.
Nothing in this Section |
prohibits the Secretary from issuing shields or other
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distinctive identification to employees not exercising the |
powers of a peace
officer if the Secretary determines that a |
shield or distinctive identification
is needed by the employee |
to carry out his or her responsibilities.
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
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Sec. 13-108. Hearing on complaint against official testing |
station, official mobile testing company, or official portable |
emissions testing company; suspension or
revocation of permit. |
If it appears to the Department, either through its own |
investigation or
upon charges verified under oath, that any of |
the provisions of this
Chapter or the rules and regulations of |
the Department are being violated,
the Department shall, after |
notice to the person, firm, or corporation
charged with such |
violation, conduct a hearing. At least 10 days prior to
the |
date of such hearing the Department shall cause to be served |
upon the
person, firm, or corporation charged with such |
violation, a copy of such
charge or charges by registered mail |
or by the personal service thereof,
together with a notice |
specifying the time and place of such hearing. At
the time and |
place specified in such notice, the person, firm, or |
corporation
charged with such violation shall be given an |
opportunity to appear in
person or by counsel and to be heard |
by the Secretary of Transportation or
an officer or employee |
of the Department designated in writing by him to
conduct such |
hearing. If it appears from the hearing that such person, |
firm,
or corporation is guilty of the charge preferred against |
the person, firm, or corporation, the
Secretary of |
Transportation may order the permit suspended or revoked, and
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the bond forfeited. Any such revocation or suspension shall |
not be a bar to
subsequent arrest and prosecution for |
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violation of this Chapter.
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(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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(Text of Section before amendment by P.A. 102-982)
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Sec. 13-109. Safety test prior to application for
license - |
Subsequent tests - Repairs - Retest. |
(a) Except as otherwise provided in Chapter 13, each |
second division
vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, and medical transport vehicle, except those |
vehicles other than
school buses or medical transport vehicles |
owned or operated by a municipal
corporation or political |
subdivision having a population of 1,000,000 or
more |
inhabitants which are subjected to safety tests imposed by |
local
ordinance or resolution, operated in whole or in part |
over the highways
of this State, motor vehicle used for driver |
education training, and each vehicle 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, shall be subjected to the safety
test provided for |
in Chapter
13 of this Code. Tests shall be conducted at an |
official testing station
within 6 months prior to the |
application for registration as provided
for in this Code. |
Subsequently each vehicle shall be subject to tests (i) at
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least every 6 months, (ii) in the case of school buses and |
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first division vehicles including taxis which are used for a |
purpose that requires a school bus driver permit, at least |
every 6
months or 10,000 miles, whichever occurs first, (iii) |
in the case of driver education vehicles used by public high |
schools, at least every 12 months for vehicles over 5 model |
years of age or having an odometer reading of over 75,000 |
miles, whichever occurs first, or (iv) in the case of truck |
tractors, semitrailers, and property-carrying vehicles |
registered for a gross weight of more than 10,000 pounds but |
less than 26,001 pounds, at least every 12 months, and |
according to
schedules established by rules and regulations |
promulgated by the
Department. Any component subject to |
regular inspection which is
damaged in a reportable accident |
must be reinspected before the bus or first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit is
returned to service.
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(b) The Department shall also conduct periodic |
nonscheduled inspections
of school buses, of buses registered |
as charitable vehicles and of
religious organization buses. If |
such inspection reveals that a vehicle is
not in substantial |
compliance with the rules promulgated by the Department,
the |
Department shall remove the Certificate of Safety from the |
vehicle, and
shall place the vehicle out-of-service. A bright |
orange, triangular decal
shall be placed on an out-of-service |
vehicle where the Certificate of
Safety has been removed. The |
vehicle must pass a safety test at an
official testing station |
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before it is again placed in service.
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(c) If the violation is not substantial a bright yellow, |
triangular
sticker shall be placed next to the Certificate of |
Safety at the time the
nonscheduled inspection is made. The |
Department shall reinspect the
vehicle after 3 working days to |
determine that the violation has been
corrected and remove the |
yellow, triangular decal. If the violation is not
corrected |
within 3 working days, the Department shall place the vehicle
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out-of-service in accordance with procedures in subsection |
(b).
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(d) If a violation is not substantial and does not |
directly affect the
safe operation of the vehicle, the |
Department shall issue a warning notice
requiring correction |
of the violation. Such correction shall be
accomplished as |
soon as practicable and a report of the correction shall be
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made to the Department within 30 days in a manner established |
by the
Department. If the Department has not been advised that |
the corrections
have been made, and the violations still |
exist, the Department shall place
the vehicle out-of-service |
in accordance with procedures in subsection
(b).
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(e) The Department is authorized to promulgate regulations |
to implement its
program of nonscheduled inspections. Causing |
or allowing the operation of
an out-of-service vehicle with |
passengers or unauthorized removal of an
out-of-service |
sticker is a Class 3 felony. Causing or allowing the
operation |
of a vehicle with a 3-day sticker for longer than 3 days with |
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the
sticker attached or the unauthorized removal of a 3-day |
sticker is a Class C
misdemeanor.
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(f) If a second division vehicle, first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit, medical transport vehicle, or
|
vehicle operated by a contract carrier as provided in |
subsection (a) of this
Section is in safe
mechanical |
condition, as determined pursuant to Chapter 13, the operator |
of
the official testing station must at once issue to the |
second division
vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, or medical transport vehicle a certificate of |
safety, in the form
and manner prescribed by the Department, |
which shall be affixed to the
vehicle by the certified safety |
tester who performed the safety tests. The
owner of the second |
division vehicle, first division vehicle including a taxi |
which is used for a purpose that requires a school bus driver |
permit, or medical transport vehicle or the
contract carrier |
shall at
all times display the Certificate of Safety on the |
second division vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, medical transport vehicle, or vehicle operated |
by a contract carrier
in the manner prescribed by the |
Department.
|
(g) If a test shows that a second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
|
that requires a school bus driver permit, medical
transport
|
vehicle, or vehicle operated by a contract carrier is not in |
safe
mechanical condition as provided in this Section, it
|
shall not be operated on the highways until it has been |
repaired and
submitted to a retest at an official testing |
station. If the owner or
contract carrier submits
the vehicle |
to a retest at
a
different official testing station from that |
where it failed to pass the
first test, he or she shall present |
to the operator of the second station the
report of the |
original test, and shall notify the Department in writing,
|
giving the name and address of the original testing station |
and the defects
which prevented the issuance of a Certificate |
of Safety, and the name and
address of the second official |
testing station making the retest.
|
(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
|
(Text of Section after amendment by P.A. 102-982) |
Sec. 13-109. Safety test prior to application for
license - |
Subsequent tests - Repairs - Retest. |
(a) Except as otherwise provided in Chapter 13, each |
second division
vehicle, first division vehicle including a |
taxi which is used for a purpose that requires a school bus |
driver permit, and medical transport vehicle, except those |
vehicles other than
school buses or medical transport vehicles |
owned or operated by a municipal
corporation or political |
subdivision having a population of 1,000,000 or
more |
|
inhabitants which are subjected to safety tests imposed by |
local
ordinance or resolution, operated in whole or in part |
over the highways
of this State, motor vehicle used for driver |
education training, and each vehicle 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, shall be subjected to the safety
test provided for |
in Chapter
13 of this Code. Tests shall be conducted at an |
official testing station
or by an official mobile safety |
testing company within 6 months prior to the application for |
registration as provided
for in this Code. Subsequently each |
vehicle shall be subject to tests (i) at
least every 6 months, |
(ii) in the case of school buses and first division vehicles |
including taxis which are used for a purpose that requires a |
school bus driver permit, at least every 6
months or 10,000 |
miles, whichever occurs first, (iii) in the case of driver |
education vehicles used by public high schools, at least every |
12 months for vehicles over 5 model years of age or having an |
odometer reading of over 75,000 miles, whichever occurs first, |
or (iv) in the case of truck tractors, semitrailers, and |
property-carrying vehicles registered for a gross weight of |
more than 10,000 pounds but less than 26,001 pounds, at least |
every 12 months, and according to
schedules established by |
rules and regulations promulgated by the
Department. Any |
component subject to regular inspection which is
damaged in a |
reportable crash must be reinspected before the bus or first |
|
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit is
returned to |
service.
|
(b) The Department shall also conduct periodic |
nonscheduled inspections
of school buses, of buses registered |
as charitable vehicles and of
religious organization buses. If |
such inspection reveals that a vehicle is
not in substantial |
compliance with the rules promulgated by the Department,
the |
Department shall remove the Certificate of Safety from the |
vehicle, and
shall place the vehicle out-of-service. A bright |
orange, triangular decal
shall be placed on an out-of-service |
vehicle where the Certificate of
Safety has been removed. The |
vehicle must pass a safety test at an
official testing station |
or official mobile safety testing company before it is again |
placed in service.
|
(c) If the violation is not substantial a bright yellow, |
triangular
sticker shall be placed next to the Certificate of |
Safety at the time the
nonscheduled inspection is made. The |
Department shall reinspect the
vehicle after 3 working days to |
determine that the violation has been
corrected and remove the |
yellow, triangular decal. If the violation is not
corrected |
within 3 working days, the Department shall place the vehicle
|
out-of-service in accordance with procedures in subsection |
(b).
|
(d) If a violation is not substantial and does not |
directly affect the
safe operation of the vehicle, the |
|
Department shall issue a warning notice
requiring correction |
of the violation. Such correction shall be
accomplished as |
soon as practicable and a report of the correction shall be
|
made to the Department within 30 days in a manner established |
by the
Department. If the Department has not been advised that |
the corrections
have been made, and the violations still |
exist, the Department shall place
the vehicle out-of-service |
in accordance with procedures in subsection
(b).
|
(e) The Department is authorized to promulgate regulations |
to implement its
program of nonscheduled inspections. Causing |
or allowing the operation of
an out-of-service vehicle with |
passengers or unauthorized removal of an
out-of-service |
sticker is a Class 3 felony. Causing or allowing the
operation |
of a vehicle with a 3-day sticker for longer than 3 days with |
the
sticker attached or the unauthorized removal of a 3-day |
sticker is a Class C
misdemeanor.
|
(f) If a second division vehicle, first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit, medical transport vehicle, or
|
vehicle operated by a contract carrier as provided in |
subsection (a) of this
Section is in safe
mechanical |
condition, as determined pursuant to Chapter 13, the operator |
of
the official testing station or official mobile safety |
testing company must at once issue to the second division
|
vehicle, first division vehicle including a taxi which is used |
for a purpose that requires a school bus driver permit, or |
|
medical transport vehicle a certificate of safety, in the form
|
and manner prescribed by the Department, which shall be |
affixed to the
vehicle by the certified safety tester who |
performed the safety tests. The
owner of the second division |
vehicle, first division vehicle including a taxi which is used |
for a purpose that requires a school bus driver permit, or |
medical transport vehicle or the
contract carrier shall at
all |
times display the Certificate of Safety on the second division |
vehicle, first division vehicle including a taxi which is used |
for a purpose that requires a school bus driver permit, |
medical transport vehicle, or vehicle operated by a contract |
carrier
in the manner prescribed by the Department.
|
(g) If a test shows that a second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical
transport
|
vehicle, or vehicle operated by a contract carrier is not in |
safe
mechanical condition as provided in this Section, it
|
shall not be operated on the highways until it has been |
repaired and
submitted to a retest at an official testing |
station or official mobile safety testing company. If the |
owner or
contract carrier submits
the vehicle to a retest at
a
|
different official testing station or official mobile safety |
testing company from that where it failed to pass the
first |
test, he or she shall present to the operator of the second |
station the
report of the original test, and shall notify the |
Department in writing,
giving the name and address of the |
|
original testing station or official mobile safety testing |
company and the defects
which prevented the issuance of a |
Certificate of Safety, and the name and
address of the second |
official testing station or official mobile safety testing |
company making the retest.
|
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110)
|
Sec. 13-110. Certificate of safety. (a) Certificates of |
Safety shall be
in contrasting colors, with a number on the |
face of the Certificate indicating
the month of the next |
inspection period the vehicle is subject to inspection.
|
Certificates for school buses shall also indicate the mileage |
at which the
school bus shall be subject to inspection if it |
occurs before the next regular
inspection period. The colors |
of Certificates of Safety shall be prescribed
by the |
Department.
|
(b) Certificates of Safety, which remain the property of |
the State of
Illinois, will be provided to Official Testing |
Stations and official mobile safety testing companies by the |
Department
at the fee of $1 each. Certificates of Safety which |
remain
unused at the end of each inspection period will be |
redeemed for the same
amount in a manner prescribed by the |
Department.
|
(c) Nothing in this Chapter shall be construed as a |
suggestion or direction
to any owner to require him to have any |
