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91_HB4699ham001
LRB9112200DHksam
1 AMENDMENT TO HOUSE BILL 4699
2 AMENDMENT NO. . Amend House Bill 4699 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 13-102.1, 13-109.1, and 13-114."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 13-102.1, 13-109.1, and 13-114 as follows:
10 (625 ILCS 5/13-102.1)
11 (This Section may contain text from a Public Act with a
12 delayed effective date)
13 Sec. 13-102.1. Diesel powered vehicle emission
14 inspection report. Beginning July 1, 2000, the Department of
15 Transportation and the Department of State Police shall each
16 conduct an annual study concerned with the results of
17 emission inspections for diesel powered vehicles registered
18 for a gross weight of more than 16,000 pounds or having a
19 gross vehicle weight rating of more than 16,000 pounds. The
20 studies study shall be reported to the General Assembly by
21 June 30, 2001, and every June 30 thereafter. The studies
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1 study shall also be sent to the Illinois Environmental
2 Protection Agency for its use in environmental matters.
3 The studies shall include, but not be limited to, the
4 following information:
5 (a) the number of diesel powered vehicles that were
6 inspected for emission compliance by the respective
7 departments pursuant to this Chapter 13 during the
8 previous year;
9 (b) the number of diesel powered vehicles that
10 failed and passed the emission inspections conducted by
11 the respective departments required pursuant to this
12 Chapter 13 during the previous year; and
13 (c) the number of diesel powered vehicles that
14 failed the emission inspections conducted by the
15 respective departments pursuant to this Chapter 13 more
16 than once in the previous year.
17 (Source: P.A. 91-254, eff. 7-1-00.)
18 (625 ILCS 5/13-109.1)
19 (This Section may contain text from a Public Act with a
20 delayed effective date)
21 Sec. 13-109.1. Annual and nonscheduled emission
22 inspection tests; standards; penalties; funds.
23 (a) For each diesel powered vehicle that (i) is
24 registered for a gross weight of more than 16,000 pounds,
25 (ii) is registered within an affected area, and (iii) is a 2
26 year or older model year, an annual emission inspection test
27 shall be conducted at an official testing station certified
28 by the Illinois Department of Transportation to perform
29 diesel emission inspections pursuant to the standards set
30 forth in subsection (b) of this Section. This annual
31 emission inspection test may be conducted in conjunction with
32 a semi-annual safety test.
33 (a-5) Beginning October 1, 2000, the Department of State
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1 Police is authorized to perform nonscheduled emission
2 inspections for cause, at any place within the State, of any
3 diesel powered vehicles that are operated on the roadways of
4 this State, and are registered for a gross weight of more
5 than 16,000 pounds or have a gross vehicle weight rating of
6 more than 16,000 pounds. The inspections shall adhere to the
7 procedures and standards set forth in subsection (b). These
8 nonscheduled emission inspections shall be conducted by the
9 Department of State Police, or their authorized agents, at
10 weigh stations, roadside, or other safe and reasonable
11 locations within the State. Before any person may inspect a
12 diesel vehicle under this Section, he or she must receive
13 adequate training and certification for diesel emission
14 inspections by the Department of State Police. The
15 Department of State Police shall adopt rules for the training
16 and certification of persons who conduct emission inspections
17 under this Section.
18 (b) Diesel emission inspections conducted under this
19 Chapter 13 shall be conducted in accordance with the Society
20 of Automotive Engineers Recommended Practice J1667
21 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
22 Powered Vehicles" and the cutpoint standards set forth in the
23 United States Environmental Protection Agency guidance
24 document "Guidance to States on Smoke Opacity Cutpoints to be
25 used with the SAE J1667 In-Use Smoke Test Procedure". Those
26 procedures and standards, as now in effect, are made a part
27 of this Code, in the same manner as though they were set out
28 in full in this Code.
29 Notwithstanding the above cutpoint standards, for motor
30 vehicles that are model years 1973 and older, until December
31 31, 2002, the level of peak smoke opacity shall not exceed 70
32 percent. Beginning January 1, 2003, for motor vehicles that
33 are model years 1973 and older, the level of peak smoke
34 opacity shall not exceed 55 percent.
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1 (c) If the annual emission inspection under subsection
2 (a) reveals that the vehicle is not in compliance with the
3 diesel emission standards set forth in subsection (b) of this
4 Section, the operator of the official testing station shall
5 issue a warning notice requiring correction of the violation.
6 The correction shall be made and the vehicle submitted to an
7 emissions retest at an official testing station certified by
8 the Department to perform diesel emission inspections within
9 30 days from the issuance of the warning notice requiring
10 correction of the violation.
11 If, within 30 days from the issuance of the warning
12 notice, the vehicle is not in compliance with the diesel
13 emission standards set forth in subsection (b) as determined
14 by an emissions retest at an official testing station, the
15 operator of the official testing station or the Department
16 shall place the vehicle out-of-service in accordance with the
17 rules promulgated by the Department. Operating a vehicle that
18 has been placed out-of-service under this subsection (c) is a
19 petty offense punishable by a $1,000 fine. The vehicle must
20 pass a diesel emission inspection at an official testing
21 station before it is again placed in service. The Secretary
22 of State, Department of State Police, and other law
23 enforcement officers shall enforce this Section. No emergency
24 vehicle, as defined in Section 1-105, may be placed
25 out-of-service pursuant to this Section.
26 The Department or an official testing station may issue a
27 certificate of waiver subsequent to a reinspection of a
28 vehicle that failed the emissions inspection. Certificate of
29 waiver shall be issued upon determination that documented
30 proof demonstrates that emissions repair costs for the
31 noncompliant vehicle of at least $3,000 have been spent in an
32 effort to achieve compliance with the emission standards set
33 forth in subsection (b). The Department of Transportation
34 shall adopt rules for the implementation of this subsection
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1 including standards of documented proof as well as the
2 criteria by which a waiver shall be granted.
3 (c-5) If a nonscheduled inspection reveals that the
4 vehicle is not in compliance with the diesel emission
5 standards set forth in subsection (b), the operator of the
6 vehicle is guilty of a petty offense punishable by a $400
7 fine, and a State Police officer shall issue a citation for a
8 violation of the standards. A third or subsequent violation
9 within one year of the first violation is a petty offense
10 punishable by a $1,000 fine. An operator who receives a
11 citation under this subsection shall not, within 30 days of
12 the initial citation, receive a second or subsequent citation
13 for operating the same vehicle in violation of the emission
14 standards set forth in subsection (b).
15 (d) There is hereby created within the State Treasury a
16 special fund to be known as the Diesel Emissions Testing
17 Fund, constituted from the fines collected pursuant to
18 subsections subsection (c) and (c-5) of this Section. Subject
19 to appropriation, moneys from the Diesel Emissions Testing
20 Fund shall be available, as a supplement to moneys
21 appropriated from the General Revenue Fund, to the Department
22 of Transportation and the Department of State Police for
23 their its implementation of the diesel emission inspection
24 requirements under this Chapter 13. All moneys received from
25 fines imposed under this Section shall be paid into the
26 Diesel Emissions Testing Fund. All citations issued pursuant
27 to this Section shall be considered non-moving violations.
28 The Department of Transportation and the Department of State
29 Police are is authorized to promulgate rules to implement
30 their its responsibilities under this Section.
31 (Source: P.A. 91-254, eff. 7-1-00.)
32 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
33 (Text of Section before amendment by P.A. 91-254)
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1 Sec. 13-114. Interstate carriers of property. Any
2 vehicle registered in Illinois and operated by an interstate
3 carrier of property shall be exempt from the provisions of
4 this Chapter provided such carrier has registered with the
5 Bureau of Motor Carrier Safety of the Federal Highway
6 Administration as an interstate motor carrier of property and
7 has been assigned a federal census number by such Bureau. An
8 interstate carrier of property, however, is not exempt from
9 the provisions of Section 13-111(b) of this Chapter.
10 Any vehicle registered in Illinois and operated by a
11 private interstate carrier of property shall be exempt from
12 the provisions of this Chapter, except the provisions of
13 Section 13-111(b), provided it:
14 1. Is registered with the Bureau of Motor Carrier Safety
15 of the Federal Highway Administration, and
16 2. Carries in the motor vehicle documentation issued by
17 the Bureau of Motor Carrier Safety of the Federal Highway
18 Administration displaying the federal census number assigned,
19 and
20 3. Displays on the sides of the motor vehicle the census
21 number, which must be no less than 2 inches high, with a
22 brush stroke no less than 1/4 inch wide in a contrasting
23 color.
24 (Source: P.A. 85-1407.)
25 (Text of Section after amendment by P.A. 91-254)
26 Sec. 13-114. Interstate carriers of property. Any
27 vehicle registered in Illinois and operated by an interstate
28 carrier of property shall be exempt from the provisions of
29 this Chapter provided such carrier has registered with the
30 Bureau of Motor Carrier Safety of the Federal Highway
31 Administration as an interstate motor carrier of property and
32 has been assigned a federal census number by such Bureau. An
33 interstate carrier of property, however, is not exempt from
34 the provisions of Section 13-111(b) of this Chapter.
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1 Any vehicle registered in Illinois and operated by a
2 private interstate carrier of property shall be exempt from
3 the provisions of this Chapter, except the provisions of
4 Section 13-111(b), provided it:
5 1. is registered with the Bureau of Motor Carrier
6 Safety of the Federal Highway Administration, and
7 2. carries in the motor vehicle documentation
8 issued by the Bureau of Motor Carrier Safety of the
9 Federal Highway Administration displaying the federal
10 census number assigned, and
11 3. displays on the sides of the motor vehicle the
12 census number, which must be no less than 2 inches high,
13 with a brush stroke no less than 1/4 inch wide in a
14 contrasting color.
15 Notwithstanding any other provision of this Section, each
16 diesel powered vehicle that is registered for a gross weight
17 of more than 16,000 pounds or has a gross vehicle weight
18 rating of more than 16,000 pounds, registered within the
19 affected area, and that is operated by an interstate carrier
20 of property or a private interstate carrier of property
21 within the State affected area is subject only to the
22 provisions of this Chapter that pertain to nonscheduled
23 diesel emission inspections.
24 (Source: P.A. 91-254, eff. 7-1-00.)
25 Section 99. Effective date. This Act takes effect on
26 July 1, 2000.".