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Public Act 100-0160


 

Public Act 0160 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0160
 
HB3172 EnrolledLRB100 09547 AXK 19713 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 13-109 as follows:
 
    (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 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,
or (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 in combination with a semitrailer, 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 accident 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
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 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. If the
owner or contract carrier submits the vehicle to a retest at a
different official testing station 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 and the defects which prevented
the issuance of a Certificate of Safety, and the name and
address of the second official testing station making the
retest.
(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)

Effective Date: 1/1/2018