Rep. Nick Sauer

Filed: 3/10/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3172

2    AMENDMENT NO. ______. Amend House Bill 3172 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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,

 

 

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1operated in whole or in part over the highways of this State,
2motor vehicle used for driver education training, and each
3vehicle designed to carry 15 or fewer passengers operated by a
4contract carrier transporting employees in the course of their
5employment on a highway of this State, shall be subjected to
6the safety test provided for in Chapter 13 of this Code. Tests
7shall be conducted at an official testing station within 6
8months prior to the application for registration as provided
9for in this Code. Subsequently each vehicle shall be subject to
10tests (i) at least every 6 months, (ii) in the case of school
11buses and first division vehicles including taxis which are
12used for a purpose that requires a school bus driver permit, at
13least every 6 months or 10,000 miles, whichever occurs first,
14or (iii) in the case of driver education vehicles used by
15public high schools, at least every 12 months for vehicles over
165 model years of age or having an odometer reading of over
1775,000 miles, whichever occurs first, or (iv) in the case of
18truck tractors in combination with a semitrailer, at least
19every 12 months, and according to schedules established by
20rules and regulations promulgated by the Department. Any
21component subject to regular inspection which is damaged in a
22reportable accident must be reinspected before the bus or first
23division vehicle including a taxi which is used for a purpose
24that requires a school bus driver permit is returned to
25service.
26    (b) The Department shall also conduct periodic

 

 

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1nonscheduled inspections of school buses, of buses registered
2as charitable vehicles and of religious organization buses. If
3such inspection reveals that a vehicle is not in substantial
4compliance with the rules promulgated by the Department, the
5Department shall remove the Certificate of Safety from the
6vehicle, and shall place the vehicle out-of-service. A bright
7orange, triangular decal shall be placed on an out-of-service
8vehicle where the Certificate of Safety has been removed. The
9vehicle must pass a safety test at an official testing station
10before it is again placed in service.
11    (c) If the violation is not substantial a bright yellow,
12triangular sticker shall be placed next to the Certificate of
13Safety at the time the nonscheduled inspection is made. The
14Department shall reinspect the vehicle after 3 working days to
15determine that the violation has been corrected and remove the
16yellow, triangular decal. If the violation is not corrected
17within 3 working days, the Department shall place the vehicle
18out-of-service in accordance with procedures in subsection
19(b).
20    (d) If a violation is not substantial and does not directly
21affect the safe operation of the vehicle, the Department shall
22issue a warning notice requiring correction of the violation.
23Such correction shall be accomplished as soon as practicable
24and a report of the correction shall be made to the Department
25within 30 days in a manner established by the Department. If
26the Department has not been advised that the corrections have

 

 

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1been made, and the violations still exist, the Department shall
2place the vehicle out-of-service in accordance with procedures
3in subsection (b).
4    (e) The Department is authorized to promulgate regulations
5to implement its program of nonscheduled inspections. Causing
6or allowing the operation of an out-of-service vehicle with
7passengers or unauthorized removal of an out-of-service
8sticker is a Class 3 felony. Causing or allowing the operation
9of a vehicle with a 3-day sticker for longer than 3 days with
10the sticker attached or the unauthorized removal of a 3-day
11sticker is a Class C misdemeanor.
12    (f) If a second division vehicle, first division vehicle
13including a taxi which is used for a purpose that requires a
14school bus driver permit, medical transport vehicle, or vehicle
15operated by a contract carrier as provided in subsection (a) of
16this Section is in safe mechanical condition, as determined
17pursuant to Chapter 13, the operator of the official testing
18station must at once issue to the second division vehicle,
19first division vehicle including a taxi which is used for a
20purpose that requires a school bus driver permit, or medical
21transport vehicle a certificate of safety, in the form and
22manner prescribed by the Department, which shall be affixed to
23the vehicle by the certified safety tester who performed the
24safety tests. The owner of the second division vehicle, first
25division vehicle including a taxi which is used for a purpose
26that requires a school bus driver permit, or medical transport

 

 

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1vehicle or the contract carrier shall at all times display the
2Certificate of Safety on the second division vehicle, first
3division vehicle including a taxi which is used for a purpose
4that requires a school bus driver permit, medical transport
5vehicle, or vehicle operated by a contract carrier in the
6manner prescribed by the Department.
7    (g) If a test shows that a second division vehicle, first
8division vehicle including a taxi which is used for a purpose
9that requires a school bus driver permit, medical transport
10vehicle, or vehicle operated by a contract carrier is not in
11safe mechanical condition as provided in this Section, it shall
12not be operated on the highways until it has been repaired and
13submitted to a retest at an official testing station. If the
14owner or contract carrier submits the vehicle to a retest at a
15different official testing station from that where it failed to
16pass the first test, he or she shall present to the operator of
17the second station the report of the original test, and shall
18notify the Department in writing, giving the name and address
19of the original testing station and the defects which prevented
20the issuance of a Certificate of Safety, and the name and
21address of the second official testing station making the
22retest.
23(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)".