(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, |
| wagon-trailers or like farm vehicles used primarily in agricultural pursuits;
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(b) vehicles other than school buses, tow trucks and
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| medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants and which are subject to safety tests imposed by local ordinance or resolution;
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(c) a semitrailer or trailer having a gross weight of
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| 5,000 pounds or less including vehicle weight and maximum load;
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(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
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| antique vehicle plates and vehicles registered as expanded-use antique vehicles and displaying expanded-use antique vehicle plates;
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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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| permanently mounted equipment plates or similar vehicles eligible therefor but registered as governmental vehicles provided that if said vehicle is reclassified from a permanently mounted equipment plate so as to lose the exemption of not requiring a certificate of safety, such vehicle must be safety tested within 30 days of the reclassification;
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(h) vehicles owned or operated by a manufacturer,
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| dealer or transporter displaying a special plate or plates as described in Chapter 3 of this Code while such vehicle is being delivered from the manufacturing or assembly plant directly to the purchasing dealership or distributor, or being temporarily road driven for quality control testing, or from one dealer or distributor to another, or are being moved by the most direct route from one location to another for the purpose of installing special bodies or equipment, or driven for purposes of demonstration by a prospective buyer with the dealer or his agent present in the cab of the vehicle during the demonstration;
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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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| pursuant to law and displaying a valid registration plate or digital registration plate, except vehicles of contract carriers transporting employees in the course of their employment on a highway of this State in a vehicle designed to carry 15 or fewer passengers are only exempted to the extent that the safety testing requirements applicable to such vehicles in the state of registration are no less stringent than the safety testing requirements applicable to contract carriers that are lawfully registered in Illinois;
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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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| federal government and externally displays evidence of such ownership; and
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(n) second division vehicles registered for a gross
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| weight of 10,000 pounds or less, except when such second division motor vehicles pull or draw a trailer, semi-trailer or pole trailer having a gross weight of or registered for a gross weight of more than 10,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles; tow trucks; and any property carrying vehicles being operated in commerce that are registered for a gross weight of more than 8,000 lbs but less than 10,001 lbs.
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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 5/13-102.1)
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 |
| inspected for emission compliance pursuant to this Chapter 13 during the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company;
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(b) the number of diesel powered vehicles that failed
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| and passed the emission inspections conducted pursuant to this Chapter 13 during the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company; and
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(c) the number of diesel powered vehicles that failed
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| the emission inspections conducted pursuant to this Chapter 13 more than once in the previous year, separating the number of inspections conducted at a brick-and-mortar official testing station and the number of inspections conducted by an official portable emissions testing company.
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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 |
| diesel emission testing data for at least one year through December 31, 2022, including an analysis of opacity levels recorded from actual opacity tests conducted, keyed to the model year of the vehicle and mileage;
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(2) a census of the opacity limits for other states
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| and Environmental Protection Agency (EPA) non-attainment areas in the United States;
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(3) a summary of actual air quality data in Illinois
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| compared to actual air quality data from other states and EPA non-attainment areas in the United States; and
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(4) substantive input from trucking or transportation
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| companies and the public, including environmental justice communities, in the affected areas on the impact of stricter opacity limits.
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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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| onboard diagnostics (OBD) testing regime for vehicles model year 2010 and newer that are compatible with such testing; and
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(2) recommendations for improving the effectiveness
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| of the diesel emissions testing program.
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(Source: P.A. 102-566, eff. 1-1-22 .)
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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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