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Public Act 92-0108
HB2218 Enrolled LRB9203927DHcsB
AN ACT in relation to vehicles.
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 Sections 3-408, 8-101, 13-101, 13-107, 13-109,
18b-101, and 18b-105 and adding Section 18b-106.1 as follows:
(625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
Sec. 3-408. Grounds for refusing registration or
certificate of title. The Secretary of State shall refuse
registration or any transfer of registration upon any of the
following grounds:
1. That the application contains any false or fraudulent
statement or that the applicant has failed to furnish
required information or reasonable additional information
requested by the Secretary of State or that the applicant is
not entitled to the issuance of a certificate of title or
registration of the vehicle under Chapter 3;
2. That the Secretary of State has reasonable ground to
believe that the vehicle is a stolen or embezzled vehicle or
that the granting of registration would constitute a fraud
against the rightful owner or other person having valid lien
upon such vehicle;
3. That the registration of the vehicle stands suspended
or revoked for any reason as provided in the motor-vehicle
laws of this State;
4. That the required fee has not been paid;
5. (a) In the case of medical transport vehicles and
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, that the
application does not contain a copy of a completed Vehicle
Inspection Report issued by the Department of Transportation
which certifies that the vehicle has been determined to be in
safe mechanical condition by a safety test administered
within the preceding 6 months; and (b) in the case of medical
transport vehicles, other than vehicles owned or operated by
a unit of local government, proof of financial
responsibility; or
6. That the applicant is 90 days or more delinquent in
court ordered child support payments or has been adjudicated
in arrears in an amount equal to 90 days' obligation or more
and has been found in contempt of court for failure to pay
the support, subject to the requirements and procedures of
Article VII of Chapter 7 of the Illinois Vehicle Code.
(Source: P.A. 90-733, eff. 8-11-98.)
(625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
Sec. 8-101. Proof of financial responsibility - Persons
who operate motor vehicles in transportation of passengers
for hire. It is unlawful for any person, firm or corporation
to operate any motor vehicle along or upon any public street
or highway in any incorporated city, town or village in this
State for the carriage of passengers for hire, accepting and
discharging all such persons as may offer themselves for
transportation unless such person, firm or corporation has
given, and there is in full force and effect and on file with
the Secretary of State of Illinois, proof of financial
responsibility provided in this Act. In addition this Section
shall also apply to persons, firms or corporations who are in
the business of providing transportation services for minors
to or from educational or recreational facilities, except
that this Section shall not apply to public utilities subject
to regulation under "An Act concerning public utilities,"
approved June 29, 1921, as amended, or to school buses which
are operated by public or parochial schools and are engaged
solely in the transportation of the pupils who attend such
schools. This Section also applies to a 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. This Section shall not apply to any person
participating in a ridesharing arrangement or operating a
commuter van, but only during the performance of activities
authorized by the Ridesharing Arrangements Act.
If the person operating such motor vehicle is not the
owner, then proof of financial responsibility filed hereunder
must provide that the owner is primarily liable.
(Source: P.A. 82-656.)
(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, or tow truck, 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 it 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.
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;
(f) house trailers equipped and used for living
quarters;
(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;
(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, 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 trucks, truck tractors, trailers, semi-trailers, and
buses, 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,
or medical transport vehicle, or vehicle designed to carry 15
or fewer passengers operated by a contract carrier as
provided in this Section which is unsafe as determined by the
standards prescribed in this Code.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 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, 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 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.
(Source: P.A. 91-883, eff. 1-1-01.)
(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 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, 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 at least every 6 months,
and in the case of school buses at least every 6 months or
10,000 miles whichever occurs first, 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 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, or 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 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 or
medical transport vehicle or the contract carrier shall at
all times display the Certificate of Safety on the second
division vehicle, or 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, or
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 second division vehicle or medical transport vehicle to a
retest at a different official testing station from that
where it failed to pass the first test, he 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. 86-447; 86-1223.)
(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise
clearly requires, as used in this Chapter:
"Commercial motor vehicle" means any self propelled or
towed vehicle used on public highways in interstate and
intrastate commerce to transport passengers or property when
the vehicle has a gross vehicle weight, a gross vehicle
weight rating, a gross combination weight, or a gross
combination weight rating of 10,001 or more pounds; or the
vehicle is designed to transport more than 15 passengers,
including the driver; or the vehicle is designed to carry 15
or fewer passengers and is operated by a contract carrier
transporting employees in the course of their employment on a
highway of this State; or the vehicle is used in the
transportation of hazardous materials in a quantity requiring
placarding under the Illinois Hazardous Materials
Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special
agricultural movement equipment described in Section 3-809
nor implements of husbandry as defined in Section 1-130;
"Officer" means Illinois State Police Officer;
"Person" means any natural person or individual,
governmental body, firm, association, partnership,
copartnership, joint venture, company, corporation, joint
stock company, trust, estate or any other legal entity or
their legal representative, agent or assigns.
(Source: P.A. 90-89, eff. 1-1-98; 91-179, eff. 1-1-00.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 385-Safety Fitness Procedures;
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers, except as provided
in Section 18b-106.1; and
Part 396-Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February 1
through November 30 each year, and all farm to market
agricultural transportation as defined in Chapter 1 and
for grain hauling operations within a radius of 200 air
miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)
(625 ILCS 5/18b-106.1 new)
Sec. 18b-106.1. Hours of service of drivers employed by
contract carriers transporting employees in the course of
their employment. A contract carrier shall limit the hours of
service by a driver transporting employees in the course of
their employment on a road or highway of this State in a
vehicle designed to carry 15 or fewer passengers to 12 hours
of vehicle operation per day, 15 hours of on-duty service per
day, and 70 hours of on-duty service in 7 consecutive days.
The contract carrier shall require a driver who has 12 hours
of vehicle operation per day or 15 hours of on-duty service
per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
Passed in the General Assembly May 01, 2001.
Approved July 20, 2001.
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