Bill Text: IL SB0273 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue a permit to the proprietor of a company seeking to perform mobile safety inspections to operate an official mobile safety testing company. Provides that a permittee may test the permittee's own second division vehicles and issue certificates of safety and conduct emission inspections of the permittee's own second division vehicles. Adds language governing fees, bonding, and oversight of official mobile safety testing companies. Makes corresponding changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0476 [SB0273 Detail]

Download: Illinois-2023-SB0273-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0273 Introduced 1/31/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
625 ILCS 5/13-102 from Ch. 95 1/2, par. 13-102
625 ILCS 5/13-103.4 new
625 ILCS 5/13-104 from Ch. 95 1/2, par. 13-104
625 ILCS 5/13-105.2 new
625 ILCS 5/13-107 from Ch. 95 1/2, par. 13-107
625 ILCS 5/13-108 from Ch. 95 1/2, par. 13-108
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
625 ILCS 5/13-110 from Ch. 95 1/2, par. 13-110
Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue a permit to the proprietor of a company seeking to perform mobile safety inspections to operate an official mobile safety testing company. Provides that a permittee may test the permittee's own second division vehicles and issue certificates of safety and conduct emission inspections of the permittee's own second division vehicles. Adds language governing fees, bonding, and oversight of official mobile safety testing companies. Makes corresponding changes. Effective immediately.
LRB103 26218 HEP 52577 b
A BILL FOR
SB0273 LRB103 26218 HEP 52577 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 13-102, 13-104, 13-107, 13-108, 13-109, and
13-110 and by adding Sections 13-105.2 and 13-103.4 as
follows:
(625 ILCS 5/13-102) (from Ch. 95 1/2, par. 13-102)
Sec. 13-102. Tests and investigations.
The Department shall ensure the integrity of safety
inspection tests under this Section by either:
(i) conducting conduct tests and making make
investigations to determine the kind and type of equipment
necessary to test the brakes, lights, frame, wheels,
steering apparatus, including camber and caster of the
axle, and toe-in and tracking of the wheels, and all other
devices and appliances referred to in this Act; and making
shall make public its findings public and furnishing and
furnish upon request a list of the various testing devices
approved by it; or
(ii) accepting the results of an official mobile
safety testing company inspection already completed under
49 CFR 396 for all vehicles except school buses.

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School buses are required to undergo a safety inspection
conducted by the Department.
(Source: P.A. 78-1244; 78-1297.)
(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 $10 and the
filing of an application by the proprietor of a company
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 $1,000 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
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
$10. 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

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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
and conduct emission inspections of second division vehicles
owned by the person or municipality in accordance with the
requirements of Section 13-109.1 with respect to any such
second division 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 locations with a 48-hour advance
notice to the Department. The 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 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 certified to test

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interstate vehicles under 49 CFR 396 and approved under this
Section by the Department.
The Department shall adopt rules to implement this
Section.
(625 ILCS 5/13-104) (from Ch. 95 1/2, par. 13-104)
Sec. 13-104. Obtaining or issuing a certificate of safety
without proper test- Suspension or revocation of license.
Any motor vehicle owner, driver or operator who accepts,
obtains or attempts to obtain a certificate of safety without
securing a test, or by a test which is known by him to have
been improperly made, shall be guilty of a petty offense and
shall be fined not less than $5.00 nor more than $100.00 for
the first such certificate so accepted or obtained, or
attempted to be obtained; and for the second such certificate
obtained or attempted to be obtained, not less than $25.00 nor
more than $200.00; and for each certificate after the second
certificate, obtained or attempted to be obtained, not less
than $100.00 nor more than $300.00. The same penalties shall
apply to official testing station and official mobile safety
testing company operators who issue certificates of safety in
violation of this Chapter.
When a license is suspended, the suspension shall be for
not less than 30 nor more than 180 days. When a license is
revoked, the owner of the station cannot make an application
for a new license within the period of twelve months after the

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date of the revocation and then, upon his making an
application, the Department of Transportation shall consider
this record in deciding whether or not to grant the license.
(Source: P.A. 78-255.)
(625 ILCS 5/13-105.2 new)
Sec. 13-105.2. Inspection of official mobile safety
testing companies. Employees specifically authorized by the
Department so to do 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 ascertain whether or
not 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.
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official
testing stations, official mobile safety 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 testing station, official mobile safety testing
company, or official portable emissions testing company is
willfully falsifying records or tests, either for the purpose
of selling parts or services not actually required, or for the

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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
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.
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, official mobile safety testing
company, 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.
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
authorized by the Department. Nothing in this Section
prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the

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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.
(Source: P.A. 102-566, eff. 1-1-22.)
(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing
station, official mobile safety 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

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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
the bond forfeited. Any such revocation or suspension shall
not be a bar to subsequent arrest and prosecution for
violation of this Chapter.
(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
(Text of Section before 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

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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 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.
(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

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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
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).

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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
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

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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 or official mobile safety testing company 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. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)

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(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

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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
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

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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

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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

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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 or official mobile safety testing company 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

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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 company Official
Testing Stations 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
repairs made or any work done by any official testing station,
but all tests must be made at an official testing station or by
an official mobile safety testing company to secure the
issuance of a certificate of safety, and no certificate of
safety issued by any other than an official testing station or
official mobile safety testing company shall be deemed a
compliance with this Chapter.
(Source: P.A. 83-311.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

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Section 99. Effective date. This Act takes effect upon
becoming law.