100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3172

 

Introduced , by Rep. Nick Sauer

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/13-109  from Ch. 95 1/2, par. 13-109

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


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A BILL FOR

 

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

 

 

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1months prior to the application for registration as provided
2for in this Code. Subsequently each vehicle shall be subject to
3tests (i) at least every 12 6 months, (ii) in the case of
4school buses and first division vehicles including taxis which
5are used for a purpose that requires a school bus driver
6permit, at least every 12 6 months or 10,000 miles, whichever
7occurs first, or (iii) in the case of driver education vehicles
8used by public high schools, at least every 12 months for
9vehicles over 5 model years of age or having an odometer
10reading of over 75,000 miles, whichever occurs first, and
11according to schedules established by rules and regulations
12promulgated by the Department. Any component subject to regular
13inspection which is damaged in a reportable accident must be
14reinspected before the bus or first division vehicle including
15a taxi which is used for a purpose that requires a school bus
16driver permit is returned to service.
17    (b) The Department shall also conduct periodic
18nonscheduled inspections of school buses, of buses registered
19as charitable vehicles and of religious organization buses. If
20such inspection reveals that a vehicle is not in substantial
21compliance with the rules promulgated by the Department, the
22Department shall remove the Certificate of Safety from the
23vehicle, and shall place the vehicle out-of-service. A bright
24orange, triangular decal shall be placed on an out-of-service
25vehicle where the Certificate of Safety has been removed. The
26vehicle must pass a safety test at an official testing station

 

 

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

 

 

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

 

 

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