Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/12-812.1
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/12-812.1)
(from Ch. 95 1/2, par. 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
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.)
625 ILCS 5/12-813.1
(625 ILCS 5/12-813.1)
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
"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
(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
device for the purpose of communicating with any of the following regarding an emergency situation:
(A) an emergency response operator;
(B) a hospital;
physician's office or health clinic;
(D) an ambulance service;
(E) a fire department, fire district, or fire
(F) a police department.
(2) To the use of a cellular radio telecommunication
device to call for assistance in the event that there is a mechanical breakdown or other mechanical problem that impairs the safe operation of the bus or to communicate with school authorities or their designees about any other issue relating to the operation of the school bus or the welfare and safety of any passenger thereon. In no case may a cellular radio telecommunication device be used for anything not provided for in this Section, including but not limited to, personal use.
(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.)
625 ILCS 5/12-815
(625 ILCS 5/12-815)
(from Ch. 95 1/2, par. 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
per minute of white or bluish-white light visible to a motorist approaching the
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
being used as a school bus and:
1. is stopping or stopped for loading or discharging
pupils on a highway outside an urban area; or
2. is bearing one or more pupils.
(Source: P.A. 95-319, eff. 8-21-07.)
625 ILCS 5/12-815.1
(625 ILCS 5/12-815.1)
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.)
625 ILCS 5/12-815.2
(625 ILCS 5/12-815.2)
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.
(Source: P.A. 94-519, eff. 8-10-05.)
625 ILCS 5/12-816
(625 ILCS 5/12-816)
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
(625 ILCS 5/12-820)
(from Ch. 95 1/2, par. 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
when such modification or supplementing will enhance the safety of the bus
(Source: P.A. 85-828.)
625 ILCS 5/12-821
(625 ILCS 5/12-821)
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
(2) a report to the complaining party on the results
of the investigation and the action taken, if any.
(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
(625 ILCS 5/12-825)
(This Section may contain text from a Public Act with a delayed effective date
Extra-curricular 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.)
625 ILCS 5/Ch. 12 Art. IX
(625 ILCS 5/Ch. 12 Art. IX heading)
SPECIAL REQUIREMENTS FOR
RELIGIOUS ORGANIZATION BUSES
625 ILCS 5/12-900
(625 ILCS 5/12-900)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/12-901
(625 ILCS 5/12-901)
(from Ch. 95 1/2, par. 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
properly or is inoperative.
(Source: P.A. 79-798.)
625 ILCS 5/12-902
(625 ILCS 5/12-902)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/Ch. 13
(625 ILCS 5/Ch. 13 heading)
INSPECTION OF VEHICLES
625 ILCS 5/13-100
(625 ILCS 5/13-100)
(from Ch. 95 1/2, par. 13-100)
(Source: P.A. 85-1407. Repealed by P.A. 90-89, eff. 1-1-98.)
625 ILCS 5/13-100.1
(625 ILCS 5/13-100.1)
As used in this Chapter, "affected areas"
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and
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.)
625 ILCS 5/13-101
(625 ILCS 5/13-101)
(from Ch. 95 1/2, par. 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 more than 8,000 lbs or
is registered for a gross weight of more than 8,000 lbs, 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;
(b) vehicles other than school buses, tow trucks and
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;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as expanded-use antique vehicles and displaying expanded-use antique vehicle plates;
(f) house trailers equipped and used for living
(g) vehicles registered as and displaying Illinois
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;
(h) vehicles owned or operated by a manufacturer,
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;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid 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;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of such ownership; and
(n) second division vehicles registered for a gross
weight of 8,000 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 8,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles and tow trucks.
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
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, 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
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. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
625 ILCS 5/13-101.1
(625 ILCS 5/13-101.1)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/13-102
(625 ILCS 5/13-102)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/13-102.1
(625 ILCS 5/13-102.1)
Diesel powered vehicle emission inspection report.
1, 2000, the Department of Transportation and the Department of State
conduct an annual study concerned with the results
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
shall be reported to the General Assembly by June 30, 2001, and every
30 thereafter. The studies shall also be sent to the Illinois
Protection Agency for its use in environmental matters.
The studies shall include, but not be limited to, the following information:
(a) the number of diesel powered vehicles that were
inspected for emission compliance by the respective departments pursuant to this Chapter 13 during the previous year;
(b) the number of diesel powered vehicles that failed
and passed the emission inspections conducted by the respective departments required pursuant to this Chapter 13 during the previous year; and
(c) the number of diesel powered vehicles that failed
the emission inspections conducted by the respective departments pursuant to this Chapter 13 more than once in the previous year.
(Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
625 ILCS 5/13-103
(625 ILCS 5/13-103)
(from Ch. 95 1/2, par. 13-103)
Official testing stations - Fee - Permit - Bond.
payment of a fee of $10 and the filing of an application
by the proprietor of any vehicle service station or public or private
garage 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 installation 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 $1,000 with
security approved by the Department, the Department shall issue a permit
to the proprietor of such vehicle service station or garage 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 $10. 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 $10 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 the installation 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 vehicle
service station, garage or municipal testing station which is licensed as
an Official Testing Station under this Act. No
person or vehicle service station, garage or municipal testing
station 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. 91-254, eff. 7-1-00.)
625 ILCS 5/13-103.1
(625 ILCS 5/13-103.1)
(from Ch. 95 1/2, par. 13-103.1)
Annual certification of safety 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 safety testers who have met its requirements. Safety 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. 80-606.)
625 ILCS 5/13-103.2
(625 ILCS 5/13-103.2)
(from Ch. 95 1/2, par. 13-103.2)
Reclassification of nonconforming station.
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.)
625 ILCS 5/13-104
(625 ILCS 5/13-104)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/13-105
(625 ILCS 5/13-105)
(from Ch. 95 1/2, par. 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
(Source: P.A. 86-447.)
625 ILCS 5/13-106
(625 ILCS 5/13-106)
(from Ch. 95 1/2, par. 13-106)
Rates and charges by official testing stations-Schedule
to be filed. Every operator of an official testing station 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 for the purchase from the
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 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 shall charge more or less than the rates so
filed with and approved by the Department.
(Source: P.A. 91-254, eff. 7-1-00.)
625 ILCS 5/13-107
(625 ILCS 5/13-107)
(from Ch. 95 1/2, par. 13-107)
Investigation of complaints against official testing stations.
The Department shall, upon its own motion, or upon charges made in
writing verified under oath, investigate complaints that an official
testing station 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,
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 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. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
625 ILCS 5/13-108
(625 ILCS 5/13-108)
(from Ch. 95 1/2, par. 13-108)
Hearing on complaint against official testing station-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 him or it, 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. 78-255.)