(625 ILCS 5/12-810) (from Ch. 95 1/2, par. 12-810)
Sec. 12-810.
Restraining devices for passengers who are persons with
disabilities. Each school bus which is operated for transporting
passengers who are persons with disabilities shall be equipped with an
appropriate restraining or safety device for each such passenger.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/12-811) (from Ch. 95 1/2, par. 12-811)
Sec. 12-811.
Amber 3 bar clearance light.
Each type I school bus
shall be equipped with an amber 3 bar clearance light on the front of the bus. The
light shall be illuminated at all times when the bus is being operated between
sunset and sunrise and in conditions of reduced visibility.
(Source: P.A. 79-63.)
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(625 ILCS 5/12-812) (from Ch. 95 1/2, par. 12-812)
Sec. 12-812. Rules and regulations. (a) The Department may promulgate rules and regulations to more
completely specify the equipment requirements of this Article and may establish by rule a pilot program to permit the testing of safety equipment not otherwise prohibited by State or federal law.
(b) All rules, regulations and standards promulgated from time to
time by the State Board of Education
and the Department for
the safety and construction of school buses shall be applicable to every
motor vehicle in this State defined as a school bus under Section 1-182.
(Source: P.A. 102-441, eff. 1-1-22.)
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(625 ILCS 5/12-812.1) (from Ch. 95 1/2, par. 12-812.1)
Sec. 12-812.1.
(a) The Department shall adopt and promulgate rules
and regulations governing the use of liquefied petroleum gases, compressed
natural gases and liquefied natural gases as a propellant fuel in school
buses. Such rules
and regulations
shall include the installation, maintenance and operation of such equipment
installed on school buses and shall be based on the generally accepted standards
of safety as recommended by the National Fire Protection Association.
(b) All school buses using liquefied petroleum gases, compressed natural
gases or liquefied natural gases as a propellant fuel must conform to and
obey any rule or regulation lawfully adopted by the Department.
(Source: P.A. 83-1027.)
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(625 ILCS 5/12-813.1)
Sec. 12-813.1. School bus driver communication devices. (a) In this Section:
"School bus driver" means a person operating a school bus who has a valid
school bus driver permit as required under Sections 6-104 and 6-106.1 of this
Code.
"Cellular radio telecommunication device" means a device capable of sending
or receiving telephone communications without an access line for service and
which requires the operator to dial numbers manually. It does not, however,
include citizens band radios or citizens band radio hybrids.
"Possession of a school bus" means the period of time from which a bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus. "Using a cellular radio telecommunication device" means talking or listening
to or dialing a cellular radio telecommunication device.
To "operate" means to have the vehicle in motion while it contains one or
more passengers.
(b) A school bus driver may not operate a school bus while using a cellular
radio telecommunication device.
(c) Subsection (b) of this Section does not apply:
(1) To the use of a cellular radio telecommunication | ||
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(A) an emergency response operator;
(B) a hospital;
(C) a
physician's office or health clinic;
(D) an ambulance service;
(E) a fire department, fire district, or fire | ||
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(F) a police department.
(2) To the use of a cellular radio telecommunication | ||
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(3) (Blank).
(4) When the school bus is parked.
(d) A school bus driver who violates subsection (b) of this Section is guilty of a petty
offense punishable by a fine of not less than $100 and not more than $250.
(e) A school bus must contain either an operating cellular radio telecommunication device or two-way
radio while the school bus driver is in possession of a school bus. The cellular radio telecommunication device or two-way radio in this subsection must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request. (Source: P.A. 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.)
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(625 ILCS 5/12-815) (from Ch. 95 1/2, par. 12-815)
Sec. 12-815. Strobe lamp on school bus.
(a) A school bus manufactured prior to January 1, 2000 may
be equipped with one strobe lamp that
will emit 60
to 120 flashes per minute of white or bluish-white light visible to a
motorist approaching the bus from any direction.
A school bus
manufactured on or after January 1, 2000 shall be equipped with one strobe lamp that will emit 60 to
120 flashes
per minute of white or bluish-white light visible to a motorist approaching the
bus from
any direction.
The lamp shall be of
sufficient brightness to be visible in normal sunlight when viewed directly
from a distance of at least one mile.
(b) The strobe lamp shall be mounted on the rooftop of the bus with the
light generating element in the lamp located equidistant from each side
and either at or behind the center of the rooftop. The maximum height of
the element above the rooftop shall not exceed 1/30 of its distance from
the rear of the rooftop. If the structure of the strobe lamp obscures the
light generating element, the element shall be deemed to be in the center
of the lamp with a maximum height 1/4 inch less than the maximum height
of the strobe lamp unless otherwise indicated in rules and regulations
promulgated by the Department. The Department may promulgate rules and
regulations to govern measurements, glare, effectiveness and protection of
strobe lamps on school buses, including higher strobe lamps than authorized
in this paragraph.
(c) The strobe lamp may be lighted only when the school bus is
actually
being used as a school bus and:
1. is stopping or stopped for loading or discharging | ||
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2. is bearing one or more pupils.
(Source: P.A. 95-319, eff. 8-21-07.)
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(625 ILCS 5/12-815.1)
Sec. 12-815.1.
Emergency exits identification.
On and after August 1, 2000,
all emergency exits of a
school bus shall be outlined around the perimeter of the exit with a minimum
one inch wide yellow reflective tape or decal. This yellow reflective tape or
decal shall be placed on the exterior surface of the school bus.
(Source: P.A. 91-168, eff. 1-1-00; 91-785, eff. 6-9-00.)
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(625 ILCS 5/12-815.2) Sec. 12-815.2. Noise suppression switch. Any school bus manufactured on or after January 1, 2006 must be equipped with a noise suppression switch capable of turning off noise producing accessories, including: heater blowers; defroster fans; auxiliary fans; and radios. For the purposes of this Section, radios shall not include 2-way radios which transmit Global Positioning System (GPS) location and record metadata stops.
(Source: P.A. 100-667, eff. 1-1-19.) |
(625 ILCS 5/12-816) Sec. 12-816. Pre and post-trip inspection policy for school buses. (a) In order to provide for the welfare and safety of children who are transported on school buses throughout the State of Illinois, each school district shall have in place, by January 1, 2008, a policy to ensure that the school bus driver is the last person leaving the bus and that no passenger is left behind or remains on the vehicle at the end of a route, a work shift, or the work day. This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (b) If a school district has a contract with a private sector school bus company for the transportation of the district's students, the school district shall require in the contract with the private sector company that the company have a post-trip inspection policy in place.
This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (c) Before this inspection, the school bus driver shall activate the interior lights of the bus to assist the driver in seeing in and under the seats during a visual sweep of the bus. (d) This policy may include, at the discretion of the school district, the installation of a mechanical or electronic post-trip inspection reminder system which requires the school bus driver to walk to the rear of the bus to deactivate the system before the driver leaves the bus. The system shall require that when the driver turns off the vehicle's ignition system, the vehicle's interior lights must illuminate to assist the driver in seeing in and under the seats during a visual sweep of the bus.
(Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.) |
(625 ILCS 5/12-820) (from Ch. 95 1/2, par. 12-820)
Sec. 12-820.
Nursery school buses.
The Department of Transportation, after conducting a Public Hearing,
may, by regulation,
modify and supplement
the requirements pertaining to seat dimensions, spacing and height from
the floor and to
other safety features in the interior of a school bus used to transport
preschool children,
when such modification or supplementing will enhance the safety of the bus
when transporting
such children.
(Source: P.A. 85-828.)
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(625 ILCS 5/12-821)
Sec. 12-821. Display of telephone number; complaint calls. (a) Each school bus and multifunction school-activity bus shall display at the rear of the bus a sign, with letters and numerals readily visible and readable, indicating the area code and telephone number of the owner of the bus, regardless of whether the owner is a school district or another person or entity. The sign shall be in the following form: "TO COMMENT ON MY DRIVING, CALL (area code and telephone number of bus owner)". A school bus owner who placed a sign conforming to the requirements of Public Act 95-176 on a school bus before January 1, 2010 (the effective date of Public Act 96-655) may continue to use that sign on that school bus rather than a sign that conforms to the requirements of Public Act 96-655; however, if the school bus owner replaces that sign, the replacement sign shall conform to the requirements of Public Act 96-655. (b) The owner of each school bus or multifunction school-activity bus shall establish procedures for accepting the calls provided for under subsection (a) and for taking complaints. (c) The procedures established under subsection (b) shall include, but not be limited to: (1) an internal investigation of the events that led | ||
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(2) a report to the complaining party on the results | ||
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(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(625 ILCS 5/12-825) Sec. 12-825. Extracurricular activities; passengers. (a) Each school bus operated by a public or private primary or secondary school transporting students enrolled in grade 12 or below for a school related athletic event or other school approved extracurricular activity shall be registered under subsection (a) of Section 3-808 of this Code, comply with school bus driver permit requirements under Section 6-104 of this Code, comply with the minimum liability insurance requirements under Section 12-707.01 of this Code, and comply with special requirements pertaining to school buses under this Chapter. (b) Each school bus that operates under subsection (a) of this Section may be used for the transportation of passengers other than students enrolled in grade 12 or below for activities that do not involve either a public or private educational institution if the school bus driver or school bus owner complies with Section 12-806 of this Code and the "SCHOOL BUS" sign under Section 12-802 of this Code is either removed or obscured so that it is not visible to other motorists.
(Source: P.A. 100-241, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(625 ILCS 5/Ch. 12 Art. IX heading) ARTICLE IX.
SPECIAL REQUIREMENTS FOR
RELIGIOUS ORGANIZATION BUSES
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(625 ILCS 5/12-900) (from Ch. 95 1/2, par. 12-900)
Sec. 12-900.
Color and markings.
Each religious organization bus may be of any color
and have any markings designating its purpose other than those required
for school buses under Article
VIII of this Act.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-901) (from Ch. 95 1/2, par. 12-901)
Sec. 12-901.
Special lighting equipment.
Any religious organization bus may be
equipped with a 4-lamp flashing signal system having unison flashing amber
lamps, 2 at the
front and 2 at the rear of the bus, mounted as high and as widely spaced
laterally on the same
level as is practicable. If such equipment is installed, (a) each lamp must
be a sealed beam at least 5 1/2 inches in diameter and have sufficient intensity
to be visible at
500 feet in normal sunlight, (b) the system shall be actuated only by means
of a manual switch,
and (c) there shall be a device for indicating to the driver that the system
is operating
properly or is inoperative.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
Sec. 12-902.
Rules and regulations.
The Department of Transportation
may promulgate rules
and regulations to more completely specify the equipment requirements for
every motor vehicle defined
as a religious organization bus under Section 1-111.1a.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 13 heading) CHAPTER 13.
INSPECTION OF VEHICLES
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(625 ILCS 5/13-100) (from Ch. 95 1/2, par. 13-100)
Sec. 13-100.
(Repealed).
(Source: P.A. 85-1407. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/13-100.1)
Sec. 13-100.1.
Definitions.
As used in this Chapter, "affected areas"
means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and
Monroe
and the townships of Aux Sable and Goose Lake in Grundy County and the township
of Oswego in Kendall County.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
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,
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 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.
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.
However, none of the provisions of Chapter 13 requiring safety
tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons, | ||
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(b) vehicles other than school buses, tow trucks and | ||
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(c) a semitrailer or trailer having a gross weight of | ||
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(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois | ||
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(f) house trailers equipped and used for living | ||
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(g) vehicles registered as and displaying Illinois | ||
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(h) vehicles owned or operated by a manufacturer, | ||
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(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State | ||
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(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the | ||
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(n) second division vehicles registered for a gross | ||
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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
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
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also include
the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points,
and sling straps, and other tests and inspections the Department by
rule requires for tow trucks.
For driver education vehicles used by public high schools, 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.
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.
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.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-101.1) (from Ch. 95 1/2, par. 13-101.1)
Sec. 13-101.1.
Senior citizen transportation vehicle.
Any vehicle of
12 or more passengers used in the transportation of senior citizens shall
bear placards on both sides indicating it is being used for such purposes.
The placards may be permanently or temporarily affixed to the vehicle.
The size of the letters must be at least 2 inches high and the stroke of
the brush must be at least 1/2 inch wide. Any such vehicle used for such
purposes shall be subject to the inspections provided for vehicles of the
second division and its operation shall be governed according to the requirements
of this Code.
(Source: P.A. 82-957.)
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(625 ILCS 5/13-102) (from Ch. 95 1/2, par. 13-102)
Sec. 13-102.
Tests and investigations.
The Department shall conduct tests and 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 shall make public its findings and furnish
upon request a list of the various testing devices approved by it.
(Source: P.A. 78-1244; 78-1297.)
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(625 ILCS 5/13-102.1)
Sec. 13-102.1. Diesel powered vehicle emission inspection report.
Beginning July
1, 2000, the Department of Transportation
shall
conduct an annual study concerned with the results
of
emission inspections for diesel powered vehicles registered for a gross weight
of more than 16,000 pounds or having a gross vehicle weight rating of more
than 16,000 pounds. The
study
shall be reported to the General Assembly by June 30, 2001, and every
June
30 thereafter. The study shall also be sent to the Illinois
Environmental
Protection Agency for its use in environmental matters.
The study shall include, but not be limited to, the following information:
(a) the number of diesel powered vehicles that were | ||
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(b) the number of diesel powered vehicles that failed | ||
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(c) the number of diesel powered vehicles that failed | ||
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-102.2) Sec. 13-102.2. Diesel Emissions Opacity Report. (a) By March 15, 2023, the Department of Transportation shall make available to the public a report that includes the following: (1) a summary and disclosure of actual Department | ||
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(2) a census of the opacity limits for other states | ||
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(3) a summary of actual air quality data in Illinois | ||
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(4) substantive input from trucking or transportation | ||
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(b) In the report, the Department must include the following items in an effort for the State to better understand the technology, repair, and enforcement elements of diesel emissions standards in Illinois: (1) an analysis of the feasibility of including an | ||
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(2) recommendations for improving the effectiveness | ||
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(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - 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 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 and
regulations issued by the Department in the amount of $10,000 with
security approved by the Department, the Department shall issue a permit
to the proprietor of such company or municipality 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. 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 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 bond, but upon proof of experience,
training and ability of the operator of the testing equipment, and proof
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 testing station which is licensed as
an Official Testing Station under this Act. No
person or company or municipality 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.
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.
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
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.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
Sec. 13-103.1. Annual certification of certified safety testers and certified diesel emission testers - Fee - Renewal.
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 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.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.2) (from Ch. 95 1/2, par. 13-103.2)
Sec. 13-103.2.
Reclassification of nonconforming station.
The
Department may not change the administrative classification of a
nonconforming official testing station from its present classification to a
less favorable classification upon a change in ownership of the station, if
(1) the nonconforming official testing station has held its present
administrative classification since July 1, 1972, and (2) the station meets
all requirements for its present classification, other than the requirement
of having an exit door in direct line with the safety test equipment and
(3) the station is located in a county with no other class "A" or class
"C" official testing station.
(Source: P.A. 84-1422.)
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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 and the filing of an application by the proprietor of any 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 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. No person or 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. 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.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-103.4) 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 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 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. (Source: P.A. 103-476, eff. 1-1-24.) |
(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 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 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.)
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(625 ILCS 5/13-105) (from Ch. 95 1/2, par. 13-105)
Sec. 13-105.
Inspection of official testing stations.
Employees specifically authorized by the Department so to do shall
inspect all "Official Testing Stations" 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 testing station or any officer or employee thereof under oath.
The Department shall conduct periodic nonscheduled inspection on owners
premises of vehicles owned and operated by licensed "Independent Official
Testing Stations."
(Source: P.A. 86-447.)
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(625 ILCS 5/13-105.1) Sec. 13-105.1. Inspection of official portable emissions testing company. Employees specifically authorized by the Department shall inspect, at frequent intervals, vehicles, equipment, and the recordkeeping office used by an official portable emissions testing company. Department employees under this Section shall have access to all records, relating to tests and work done or parts sold as a result of such tests, to ascertain whether tests are properly, fairly, and honestly made. Department employees under this Section may examine the owner of an official portable emissions company or any officer or employee thereof under oath. The Department shall conduct periodic nonscheduled inspections of the premises of vehicles owned and operated by a licensed official portable emissions testing company.
(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-105.2) 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 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.(Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
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
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 made in the community where the station is located. No
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
an official testing station or official portable emissions testing company shall charge more or less than the rates so
filed with and approved by the Department.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.)
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(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 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 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
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 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 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; 103-476, eff. 1-1-24.)
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(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 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
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; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties;
funds. (a) For each diesel powered vehicle that (i) is registered for a gross
weight of
more than 16,000 pounds, (ii) is registered within an affected area, and
(iii) is a 2 year
or older model year, an annual emission
inspection test
shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois
Department
of Transportation to perform
diesel emission inspections pursuant to the standards set forth in
subsection
(b) of this
Section. This annual emission inspection test may be conducted in conjunction
with a
semi-annual safety test.
(a-5) (Blank).
(b) Diesel emission inspections conducted under this Chapter 13 shall be
conducted in accordance with the Society of Automotive Engineers Recommended
Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
Vehicles" and the cutpoint standards set forth in the United States
Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be used with the
SAE J1667 In-Use Smoke Test Procedure". Those procedures and 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.
Notwithstanding the above cutpoint standards, for motor vehicles that are
model years 1973 and
older, until
December 31,
2002, the level of peak smoke opacity shall not exceed 70 percent. Beginning
January
1, 2003, for motor vehicles that are model years 1973 and older, the level of
peak smoke
opacity shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a) reveals
that the vehicle is not in compliance with
the
diesel emission standards set forth in subsection (b) of this Section, the
operator of the
official
testing station or official portable emissions testing company shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to an
emissions retest at an official testing station or official portable emissions testing company certified by the Department to
perform diesel emission inspections within 30 days from the issuance of the
warning notice requiring correction of the violation.
If, within 30 days from the issuance of the warning notice, the vehicle is
not in compliance with the diesel
emission standards set forth in subsection (b) as determined by an emissions
retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a vehicle
that has been placed out-of-service under this subsection (c) is a petty
offense punishable by a $1,000 fine.
The vehicle must pass a diesel emission inspection at an official testing
station before it is again placed in service.
The Secretary of State, Illinois State Police, and other law enforcement
officers shall enforce this Section.
No emergency vehicle, as defined in Section 1-105, may be placed out-of-service
pursuant to this Section.
The Department, an official testing station, or an official portable emissions testing company may issue a certificate of
waiver subsequent to a reinspection of a vehicle that failed the emissions
inspection. Certificate of waiver shall be issued upon determination that
documented proof demonstrates that emissions repair costs for the noncompliant
vehicle of at least $3,000 have been spent in an effort to achieve
compliance with the emission standards set forth in subsection (b). The
Department of Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the criteria by
which a waiver shall be granted.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(625 ILCS 5/13-109.2)
Sec. 13-109.2.
Pollution Control Board diesel emission standards and
tests. Within 8 months of the effective date of this amendatory Act of the
91st General Assembly, the Pollution Control Board shall amend its heavy-duty
diesel smoke opacity standards and test procedures to be consistent with the
procedures and standards set forth in Section 13-109.1.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-109.3)
Sec. 13-109.3.
Exemption from diesel emissions inspections.
Second division vehicles being operated on plates issued pursuant to
subsection (c) of Section 3-815
are exempt from the diesel emissions inspection requirements set forth
in this Chapter.
(Source: P.A. 91-254, eff. 7-1-00.)
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(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 repairs made or any work done by any official testing station or official mobile safety testing company, but all tests must be made at an official testing station 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. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
Sec. 13-111. Operation without certificate of safety attached; effective date
of certificate.
(a) Except as provided for in Chapter 13, no person shall operate any
vehicle required to be inspected by this Chapter upon the highways of this
State unless there is affixed to that vehicle a certificate of safety then in
effect. The Secretary of State, State Police, and other police officers shall
enforce this Section. The Department shall determine the expiration date of the
certificate of safety.
The certificates, all forms and records, reports of tests and retests,
and the full procedure and methods of making the tests and retests, shall
be in the form prescribed by the Department.
(b) Every person convicted of violating this Section is guilty
of a petty offense with a minimum fine of $95 and a maximum fine of $250; unless the violation is contemporaneous with a motor vehicle crash, in which case the person is guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/13-112) (from Ch. 95 1/2, par. 13-112)
Sec. 13-112.
Exemption from local tests.
Any second division vehicle or limousine displaying a certificate of safety
issued
under this Chapter is exempt from any test required by ordinance or
otherwise in any city, village or incorporated town in this State.
(Source: P.A. 87-1111.)
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(625 ILCS 5/13-113) (from Ch. 95 1/2, par. 13-113)
Sec. 13-113.
Sale or exchange of used vehicle without
certificate of safety. No person engaged in the business of buying,
selling or exchanging motor vehicles shall sell, transfer or exchange
any used second division vehicle or medical transport vehicle unless
it has been tested and a
currently valid certificate of safety has been issued therefor:
Provided, that such person engaged in the business of buying, selling or
exchanging motor vehicles may sell, transfer or exchange any used second
division vehicle or medical transport vehicle
without a valid certificate of safety if the sale,
transfer or exchange is for the purpose of restoring or repairing such
vehicle to a condition in which it can pass the test for a certificate
of safety, or for the purpose of junking. Provided, however, that the
used second division vehicle or medical transport vehicle
is not moved under its own power to the
location in which it will be restored, repaired or junked.
(Source: P.A. 82-433.)
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(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle registered in Illinois and operated by an interstate carrier
of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the Bureau of
Motor Carrier Safety of the Federal Highway Administration
as an interstate motor carrier of property and has been assigned a
federal census number by such Bureau. An interstate carrier of
property, however, is not exempt from the provisions of
Section 13-111(b)
of this Chapter.
Any vehicle registered in Illinois and operated by a private interstate
carrier of property shall be exempt from the provisions of this Chapter,
except the provisions of Section 13-111(b),
provided it:
1. is registered with the Bureau of Motor Carrier | ||
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2. carries in the motor vehicle documentation issued | ||
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3. displays on the sides of the motor vehicle the | ||
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(Source: P.A. 100-700, eff. 8-3-18; 101-362, eff. 1-1-20.)
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(625 ILCS 5/13-115) (from Ch. 95 1/2, par. 13-115)
Sec. 13-115.
School buses-pretrip inspections.
Each day that a school bus is operated the driver shall conduct a
pretrip inspection of the mechanical and safety equipment on the bus as
prescribed by rule or regulation of the Department.
A person other than the driver may perform portions of the pretrip inspection
as prescribed by rule of the Department.
(Source: P.A. 89-658, eff. 1-1-97.)
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(625 ILCS 5/13-116) (from Ch. 95 1/2, par. 13-116)
Sec. 13-116.
All funds collected by the Department under this Chapter
shall be deposited in the road fund in the State Treasury.
(Source: P.A. 80-606.)
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(625 ILCS 5/13-116.1)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation
shall be reimbursed for all expenses
related to the training, equipment, recordkeeping, and conducting of
diesel powered emission inspections pursuant to this Chapter 13 when that
testing is conducted within the affected areas, subject to
appropriation,
from the General Revenue Fund. No moneys
from any funds other than the General
Revenue Fund shall be appropriated for
diesel emission inspections under
this
Chapter 13.
(Source: P.A. 100-700, eff. 8-3-18.)
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(625 ILCS 5/13-117)
Sec. 13-117.
Home rule.
A unit of local government within the affected
areas, including home rule units, shall not require or
conduct a diesel emission inspection program that does not meet or exceed the
standards of the diesel emission inspections provided for in
this Chapter 13. A unit of local government within the affected areas,
including home rule units, must affirmatively comply with the diesel emission
inspection requirements of this Chapter 13.
This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by home
rule
units of powers and functions exercised by the State.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/Ch. 13A heading) CHAPTER 13A.
EMISSION INSPECTION
(Repealed by P.A. 92-682, eff. 1-1-03.)
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