97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1093

 

Introduced 02/04/11, by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/13C-5
625 ILCS 5/13C-15
625 ILCS 5/13C-25

    Amends the Illinois Vehicle Code. Modifies the definitions of "malfunction indicator lamp" and "on-board diagnostic system". Makes changes in the categories of vehicles that are subject to vehicle emissions inspection requirements. Deletes provisions permitting the substitution of a steady-state idle exhaust gas analysis and evaporative system integrity test for the on-board diagnostic system test. Adds a provision permitting the substitution of a visual inspection test for the on-board diagnostic test in certain cases. Effective February 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

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
5Sections 13C-5, 13C-15, and 13C-25 as follows:
 
6    (625 ILCS 5/13C-5)
7    Sec. 13C-5. Definitions. For the purposes of this Chapter:
8    "Affected counties" means Cook County; DuPage County; Lake
9County; those parts of Kane County that are not included within
10any of the following ZIP code areas, as designated by the U.S.
11Postal Service on the effective date of this amendatory Act of
12the 94th General Assembly: 60109, 60119, 60135, 60140, 60142,
1360144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545,
14and 60554; those parts of Kendall County that are not included
15within any of the following ZIP code areas, as designated by
16the U.S. Postal Service on the effective date of this
17amendatory Act of the 94th General Assembly: 60447, 60450,
1860512, 60536, 60537, 60541, those parts of 60543 that are not
19within the census defined urbanized area, 60545, 60548, and
2060560; those parts of McHenry County that are not included
21within any of the following ZIP code areas, as designated by
22the U.S. Postal Service on the effective date of this
23amendatory Act of the 94th General Assembly: 60001, 60033,

 

 

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160034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and
260180; those parts of Will County that are not included within
3any of the following ZIP code areas, as designated by the U.S.
4Postal Service on the effective date of this amendatory Act of
5the 94th General Assembly: 60401, 60407, 60408, 60410, 60416,
660418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950;
7those parts of Madison County that are not included within any
8of the following ZIP code areas, as designated by the U.S.
9Postal Service on the effective date of this amendatory Act of
10the 94th General Assembly: 62001, 62012, 62021, 62026, 62046,
1162058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275,
1262281, and 62293; those parts of Monroe County that are not
13included within any of the following ZIP code areas, as
14designated by the U.S. Postal Service on the effective date of
15this amendatory Act of the 94th General Assembly: 62244, 62248,
1662256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and
1762298; and those parts of St. Clair County that are not
18included within any of the following ZIP code areas, as
19designated by the U.S. Postal Service on the effective date of
20this amendatory Act of the 94th General Assembly: 62224, 62243,
2162248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269,
2262278, 62282, 62285, 62289, 62293, and 62298.
23    "Board" means the Illinois Pollution Control Board.
24    "Claim evaluation center" means an automotive diagnostic
25facility that meets the standards prescribed by the Agency for
26performing examinations of vehicle emissions inspection damage

 

 

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1claims.
2    "Contractor" means the vehicle emissions test contractor
3for official inspection stations described in Section 13C-45.
4    "Diagnostic code" means a code stored in a vehicle's
5on-board diagnostic computer to indicate the occurrence of an
6emissions-related condition or malfunction.
7    "Inspection area" means Cook County, DuPage County, Lake
8County, and those portions of Kane, Kendall, Madison, McHenry,
9Monroe, Will, and St. Clair Counties included in the definition
10of "affected counties".
11    "Malfunction indicator lamp" or "MIL" means a dashboard
12lamp designed to illuminate to alert the driver to the
13occurrence of a problem or condition resulting in excessive
14emissions.
15    "On-board diagnostic system" or "OBD system" means the
16computer-based system built into a vehicle all 1996 and newer
17light-duty vehicles and trucks, as required by the federal
18Clean Air Act Amendments of 1990, that is designed to monitor
19the performance of major engine and emissions controls, to
20alert the operator to emissions-related malfunctions, and to
21store diagnostic codes and other vehicle operating information
22useful in repairing the vehicle.
23    "Official inspection station" means a structure or
24physical location where the Agency has authorized vehicle
25emissions testing to be conducted.
26    "Owner" means the registered owner of the vehicle, as

 

 

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1indicated on the vehicle's registration. In the case of an
2unregistered vehicle, "owner" has the meaning set forth in
3Section 1-155 of this Code.
4    "Program" means the vehicle emission inspection program
5established under this Chapter.
6    "Readiness status" means an indication of whether a
7vehicle's on-board diagnostic system has completed a periodic
8check of the performance of a monitored system or component.
9    "Resident" includes natural persons, foreign and domestic
10corporations, partnerships, associations, and all other
11commercial and governmental entities. For the purpose of
12determining residence, the owner of a vehicle shall be presumed
13to reside at the address indicated on the vehicle's
14registration. A governmental entity, including the federal
15government and its agencies, and any unit of local government
16or school district, any part of which is located within an
17affected county, shall be deemed a resident of an affected
18county for the purpose of any vehicle that is owned by the
19governmental entity and regularly operated in an affected
20county.
21    "Registration" of a vehicle means its registration under
22Article IV of Chapter 3 of this Code.
23    "Vehicle age" means the numerical difference between the
24current calendar year and the vehicle model year.
25(Source: P.A. 94-526, eff. 1-1-06.)
 

 

 

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1    (625 ILCS 5/13C-15)
2    Sec. 13C-15. Inspections.
3    (a) Computer-Matched Inspections and Notification.
4        (1) The provisions of this subsection (a) are operative
5    until the implementation of the registration denial
6    inspection and notification mechanisms required by
7    subsection (b). Beginning with the implementation of the
8    program required by this Chapter, every motor vehicle that
9    is owned by a resident of an affected county, other than a
10    vehicle that is exempt under paragraph (a)(6) or (a)(7), is
11    subject to inspection under the program.
12        The Agency shall send notice of the assigned inspection
13    month, at least 15 days before the beginning of the
14    assigned month, to the owner of each vehicle subject to the
15    program. An initial emission inspection sticker or initial
16    inspection certificate, as the case may be, expires on the
17    last day of the third month following the month assigned by
18    the Agency for the first inspection of the vehicle. A
19    renewal inspection sticker or certificate expires on the
20    last day of the third month following the month assigned
21    for inspection in the year in which the vehicle's next
22    inspection is required.
23        The Agency or its agent may issue an interim emission
24    inspection sticker or certificate for any vehicle subject
25    to inspection that does not have a currently valid emission
26    inspection sticker or certificate at the time the Agency is

 

 

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1    notified by the Secretary of State of its registration by a
2    new owner, and for which an initial emission inspection
3    sticker or certificate has already been issued. An interim
4    emission inspection sticker or certificate expires no
5    later than the last day of the sixth complete calendar
6    month after the date the Agency issued the interim emission
7    inspection sticker or certificate.
8        The owner of each vehicle subject to inspection shall
9    obtain an emission inspection sticker or certificate for
10    the vehicle in accordance with this paragraph (1). Before
11    the expiration of the emission inspection sticker or
12    certificate, the owner shall have the vehicle inspected
13    and, upon demonstration of compliance, obtain a renewal
14    emission inspection sticker or certificate. A renewal
15    emission inspection sticker or certificate shall not be
16    issued more than 5 months before the expiration date of the
17    previous inspection sticker or certificate.
18        (2) Except as provided in paragraph (a)(3), vehicles
19    shall be inspected every 2 years on a schedule that begins
20    either in the second, fourth, or later calendar year after
21    the vehicle model year. The beginning test schedule shall
22    be set by the Agency and shall be consistent with the
23    State's requirements for emission reductions as determined
24    by the applicable United States Environmental Protection
25    Agency vehicle emissions estimation model and applicable
26    guidance and rules.

 

 

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1        (3) A vehicle may be inspected at a time outside of its
2    normal 2-year inspection schedule, if (i) the vehicle was
3    acquired by a new owner and (ii) the vehicle was required
4    to be in compliance with this Act at the time the vehicle
5    was acquired by the new owner, but it was not then in
6    compliance.
7        (4) The owner of a vehicle subject to inspection shall
8    have the vehicle inspected and shall obtain and display on
9    the vehicle or carry within the vehicle, in a manner
10    specified by the Agency, a valid unexpired emission
11    inspection sticker or certificate in the manner specified
12    by the Agency. A person who violates this paragraph (4) is
13    guilty of a petty offense, except that a third or
14    subsequent violation within one year of the first violation
15    is a Class C misdemeanor. The fine imposed for a violation
16    of this paragraph (4) shall be not less than $50 if the
17    violation occurred within 60 days following the date by
18    which a new or renewal emission inspection sticker or
19    certificate was required to be obtained for the vehicle,
20    and not less than $300 if the violation occurred more than
21    60 days after that date.
22        (5) For a $20 fee, to be paid into the Vehicle
23    Inspection Fund, the Agency may inspect:
24            (A) A vehicle registered in and subject to the
25        emission inspections requirements of another state.
26            (B) A vehicle presented for inspection on a

 

 

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1        voluntary basis.
2        Any fees collected under this paragraph (5) shall not
3    offset Motor Fuel Tax Funds normally appropriated for the
4    program.
5        (6) The following vehicles are not subject to
6    inspection:
7            (A) Vehicles not subject to registration under
8        Article IV of Chapter 3 of this Code, other than
9        vehicles owned by the federal government.
10            (B) Motorcycles, motor driven cycles, and
11        motorized pedalcycles.
12            (C) Farm vehicles and implements of husbandry.
13            (D) Implements of warfare owned by the State or
14        federal government.
15            (E) Antique vehicles, custom vehicles, street
16        rods, and vehicles of model year 1967 or before.
17            (F) Vehicles operated exclusively for parade or
18        ceremonial purposes by any veterans, fraternal, or
19        civic organization, organized on a not-for-profit
20        basis.
21            (G) Vehicles for which the Secretary of State,
22        under Section 3-117 of this Code, has issued a Junking
23        Certificate.
24            (H) Diesel powered vehicles and vehicles that are
25        powered exclusively by electricity.
26            (I) Vehicles operated exclusively in organized

 

 

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1        amateur or professional sporting activities, as
2        defined in Section 3.310 of the Environmental
3        Protection Act.
4            (J) Vehicles registered in, subject to, and in
5        compliance with the emission inspection requirements
6        of another state.
7            (K) Vehicles participating in an OBD continuous
8        monitoring program operated in accordance with
9        procedures adopted by the Agency.
10            (L) Vehicles of model year 1995 or earlier that do
11        not have an expired emissions test sticker or
12        certificate on February 1, 2007.
13        The Agency may issue temporary or permanent exemption
14    stickers or certificates for vehicles temporarily or
15    permanently exempt from inspection under this paragraph
16    (6). An exemption sticker or certificate does not need to
17    be displayed.
18        (7) According to criteria that the Agency may adopt, a
19    motor vehicle may be exempted from the inspection
20    requirements of this Section by the Agency on the basis of
21    an Agency determination that the vehicle is located and
22    primarily used outside of the affected counties or in other
23    jurisdictions where vehicle emission inspections are not
24    required. The Agency may issue an annual exemption sticker
25    or certificate without inspection for any vehicle exempted
26    from inspection under this paragraph (7).

 

 

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1        (8) Any owner or lessee of a fleet of 15 or more motor
2    vehicles that are subject to inspection under this Section
3    may apply to the Agency for a permit to establish and
4    operate a private official inspection station in
5    accordance with rules adopted by the Agency.
6        (9) Pursuant to Title 40, Section 51.371 of the Code of
7    Federal Regulations, the Agency may establish a program of
8    on-road testing of in-use vehicles through the use of
9    remote sensing devices. In any such program, the Agency
10    shall evaluate the emission performance of 0.5% of the
11    subject fleet or 20,000 vehicles, whichever is less. Under
12    no circumstances shall on-road testing include any sort of
13    roadblock or roadside pullover or cause any type of traffic
14    delay. If, during the course of an on-road inspection, a
15    vehicle is found to exceed the on-road emissions standards
16    established for the model year and type of vehicle, the
17    Agency shall send a notice to the vehicle owner. The notice
18    shall document the occurrence and the results of the
19    on-road exceedance. The notice of a second on-road
20    exceedance shall indicate that the vehicle has been
21    reassigned and is subject to an out-of-cycle follow-up
22    inspection at an official inspection station. In no case
23    shall the Agency send a notice of an on-road exceedance to
24    the owner of a vehicle that was found to exceed the on-road
25    emission standards established for the model year and type
26    of vehicle, if the vehicle is registered outside of the

 

 

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1    affected counties.
2    (b) Registration Denial Inspection and Notification.
3        (1) No later than January 1, 2008, every motor vehicle
4    that is owned by a resident of an affected county, other
5    than a vehicle that is exempt under paragraph (b)(8) or
6    (b)(9), is subject to inspection under the program.
7        The owner of a vehicle subject to inspection shall have
8    the vehicle inspected and obtain proof of compliance from
9    the Agency in order to obtain or renew a vehicle
10    registration for a subject vehicle.
11        The Secretary of State shall notify the owner of a
12    vehicle subject to inspection of the requirement to have
13    the vehicle tested at least 30 days prior to the beginning
14    of the month in which the vehicle's registration is due to
15    expire. Notwithstanding the preceding, vehicles with
16    permanent registration plates shall be notified at least 30
17    days prior to the month corresponding to the date the
18    vehicle was originally registered. This notification shall
19    clearly state the vehicle's test status, based upon the
20    vehicle type, model year and registration address.
21        The owner of each vehicle subject to inspection shall
22    have the vehicle inspected and, upon demonstration of
23    compliance, obtain an emissions compliance certificate for
24    the vehicle.
25        (2) Except as provided in paragraphs (b)(3), (b)(4),
26    and (b)(5), vehicles shall be inspected every 2 years on a

 

 

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1    schedule that begins in the fourth calendar year after the
2    vehicle model year. Even model year vehicles shall be
3    inspected and comply in order to renew registrations
4    expiring in even calendar years and odd model year vehicles
5    shall be inspected and comply in order to renew
6    registrations expiring in odd calendar years.
7        (3) A vehicle shall be inspected and comply at a time
8    outside of its normal 2-year inspection schedule if (i) the
9    vehicle was acquired by a new owner and (ii) the vehicle
10    had not been issued a Compliance Certificate within one
11    year of the date of application for the title or
12    registration, or both, for the vehicle.
13        (4) Vehicles with 2-year registrations shall be
14    inspected every 2 years at the time of registration
15    issuance or renewal on a schedule that begins in the fourth
16    year after the vehicle model year.
17        (5) Vehicles with permanent vehicle registration
18    plates shall be inspected every 2 years on a schedule that
19    begins in the fourth calendar year after the vehicle model
20    year in the month corresponding to the date the vehicle was
21    originally registered. Even model year vehicles shall be
22    inspected and comply in even calendar years, and odd model
23    year vehicles shall be inspected and comply in odd calendar
24    years.
25        (6) The Agency and the Secretary of State shall
26    endeavor to ensure a smooth transition from test scheduling

 

 

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1    from the provisions of subsection (a) to subsection (b).
2    Passing tests and waivers issued prior to the
3    implementation of this subsection (b) may be utilized to
4    establish compliance for a period of one year from the date
5    of the emissions or waiver inspection.
6        (7) For a $20 fee, to be paid into the Vehicle
7    Inspection Fund, the Agency may inspect:
8            (A) A vehicle registered in and subject to the
9        emissions inspections requirements of another state.
10            (B) A vehicle presented for inspection on a
11        voluntary basis.
12        Any fees collected under this paragraph (7) shall not
13    offset Motor Fuel Tax Funds normally appropriated for the
14    program.
15        (8) The following vehicles are not subject to
16    inspection:
17            (A) Vehicles not subject to registration under
18        Article IV of Chapter 3 of this Code, other than
19        vehicles owned by the federal government.
20            (B) Motorcycles, motor driven cycles, and
21        motorized pedalcycles.
22            (C) Farm vehicles and implements of husbandry.
23            (D) Implements of warfare owned by the State or
24        federal government.
25            (E) Antique vehicles, custom vehicles, street
26        rods, and vehicles of model year 1967 or before.

 

 

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1            (F) Vehicles operated exclusively for parade or
2        ceremonial purposes by any veterans, fraternal, or
3        civic organization, organized on a not-for-profit
4        basis.
5            (G) Vehicles for which the Secretary of State,
6        under Section 3-117 of this Code, has issued a Junking
7        Certificate.
8            (H) Diesel powered vehicles and vehicles that are
9        powered exclusively by electricity.
10            (I) Vehicles operated exclusively in organized
11        amateur or professional sporting activities, as
12        defined in Section 3.310 of the Environmental
13        Protection Act.
14            (J) Vehicles registered in, subject to, and in
15        compliance with the emission inspection requirements
16        of another state.
17            (K) Vehicles participating in an OBD continuous
18        monitoring program operated in accordance with
19        procedures adopted by the Agency.
20            (L) Vehicles of model year 1995 or earlier that do
21        not have an expired emissions test sticker or
22        certificate on February 1, 2007.
23            (M) Vehicles of model year 2006 or earlier with a
24        manufacturer gross vehicle weight rating between 8,501
25        and 14,000 pounds.
26            (N) Vehicles with a manufacturer gross vehicle

 

 

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1        weight rating greater than 14,000 pounds.
2        The Agency may issue temporary or permanent exemption
3    certificates for vehicles temporarily or permanently
4    exempt from inspection under this paragraph (8). An
5    exemption sticker or certificate does not need to be
6    displayed.
7        (9) According to criteria that the Agency may adopt, a
8    motor vehicle may be exempted from the inspection
9    requirements of this Section by the Agency on the basis of
10    an Agency determination that the vehicle is located and
11    primarily used outside of the affected counties or in other
12    jurisdictions where vehicle emissions inspections are not
13    required. The Agency may issue an annual exemption
14    certificate without inspection for any vehicle exempted
15    from inspection under this paragraph (9).
16        (10) Any owner or lessee of a fleet of 15 or more motor
17    vehicles that are subject to inspection under this Section
18    may apply to the Agency for a permit to establish and
19    operate a private official inspection station in
20    accordance with rules adopted by the Agency.
21        (11) Pursuant to Title 40, Section 51.371 of the Code
22    of Federal Regulations, the Agency may establish a program
23    of on-road testing of in-use vehicles through the use of
24    remote sensing devices. In any such program, the Agency
25    shall evaluate the emission performance of 0.5% of the
26    subject fleet or 20,000 vehicles, whichever is less. Under

 

 

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1    no circumstances shall on-road testing include any sort of
2    roadblock or roadside pullover or cause any type of traffic
3    delay. If, during the course of an on-road inspection, a
4    vehicle is found to exceed the on-road emissions standards
5    established for the model year and type of vehicle, the
6    Agency shall send a notice to the vehicle owner. The notice
7    shall document the occurrence and the results of the
8    on-road exceedance. The notice of a second on-road
9    exceedance shall indicate that the vehicle has been
10    reassigned and is subject to an out-of-cycle follow-up
11    inspection at an official inspection station. In no case
12    shall the Agency send a notice of an on-road exceedance to
13    the owner of a vehicle that was found to exceed the on-road
14    emissions standards established for the model year and type
15    of vehicle, if the vehicle is registered outside of the
16    affected counties.
17(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 
18    (625 ILCS 5/13C-25)
19    Sec. 13C-25. Performance of inspections.
20    (a) Except as provided in subsection (b), the inspection of
21vehicles required under this Chapter shall be performed only:
22(i) by inspectors who have been certified by the Agency after
23successfully completing a course of training and successfully
24passing a written test; (ii) at official inspection stations,
25including on-road inspection sites established under this

 

 

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1Chapter; and (iii) with equipment that has been approved by the
2Agency for these inspections.
3    (b) The requirements of subdivisions (a)(i) and (a)(ii) of
4this Section do not preclude the performance of inspections (1)
5at self-service official inspection stations, (2) using
6Agency-approved wireless communication interfaces, and (3)
7using systems designed to perform remote on-board diagnostic
8inspections.
9    (c) Except as provided in subsection (h) (d), the
10inspection shall consist of an on-board diagnostic system test.
11The owner of the vehicle or the owner's agent shall be entitled
12to an emission inspection certificate issued by the Agency only
13if all required tests are passed at the time of the inspection.
14    (d) (Blank). A steady-state idle exhaust gas analysis and
15the evaporative system integrity test may be substituted for
16the on-board diagnostic system test in the following cases:
17        (1) On any heavy duty vehicle with a manufacturer gross
18    vehicle weight rating in excess of 8,500 pounds not
19    equipped at the time of manufacture with an on-board
20    diagnostic system meeting federal OBD-II specifications.
21        (2) On any vehicle for which on-board diagnostic
22    testing is not possible due to the vehicle's originally
23    certified design or its design as modified in accordance
24    with federal law and regulations, and on any vehicle with
25    known on-board diagnostic communications or software
26    problems, as determined by the Agency.

 

 

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1    (e) (Blank). The exhaust gas analysis shall consist of a
2test of an exhaust gas sample to determine whether the
3quantities of exhaust gas pollutants emitted by the vehicle
4meet the standards set for vehicles of that type under Section
513C-20. A vehicle shall be deemed to have passed this portion
6of the inspection if the evaluation of the exhaust gas sample
7indicates that the quantities of exhaust gas pollutants emitted
8by the vehicle do not exceed the standards set for vehicles of
9that type under Section 13C-20 or an inspector certifies that
10the vehicle qualifies for a waiver of the exhaust gas pollutant
11standards under Section 13C-30.
12    (f) (Blank). The evaporative system integrity test shall
13consist of a procedure to determine if leaks exist in all or a
14portion of the vehicle fuel evaporation emission control
15system. A vehicle shall be deemed to have passed this test if
16it meets the criteria that the Board may adopt for an
17evaporative system integrity test.
18    (g) The on-board diagnostic system test shall consist of
19accessing the vehicle's on-board computer system, determining
20the vehicle's readiness status and MIL malfunction indicator
21lamp status, and retrieving any stored diagnostic codes that
22may be present. The vehicle shall be deemed to have passed this
23test if the vehicle readiness status indicates that the
24vehicle's OBD system has completed all required system and
25component checks, the MIL malfunction indicator lamp status is
26appropriate, and the diagnostic codes retrieved do not exceed

 

 

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1standards set for vehicles of that type under Section 13C-20.
2    (h) A visual inspection test of the MIL may be substituted
3for the on-board diagnostic system test on any vehicle for
4which on-board diagnostic testing is not possible due to the
5vehicle's originally certified design or its design as modified
6in accordance with federal law and regulations, and on any
7vehicle with known on-board diagnostic communications or
8software problems, as determined by the Agency. The visual
9inspection test shall consist of verifying the status of the
10MIL in the key-on/engine off position and the key-on/engine on
11position. The vehicle shall be deemed to have passed this test
12if the MIL illuminates briefly during the key-on/engine off
13position and does not illuminate during the key-on/engine on
14position.
15(Source: P.A. 94-526, eff. 1-1-06.)
 
16    Section 99. Effective date. This Act takes effect February
171, 2012.