ADMINISTRATIVE CODE
TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 451 ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS AND OFFICIAL MOBILE SAFETY TESTING COMPANIES
SECTION 451.60 ENFORCEMENT


 

Section 451.60  Enforcement

 

a)         Inspectors may:

 

1)         Monitor OTSs and OMSTCs and enforce this Part, Sections 12-800 through 12-820 of the Illinois Vehicle Equipment Law and Sections 13-100 et seq. of the Illinois Vehicle Inspection Law.

 

2)         Review applications for permits and Certified Safety Tester (CST) Certificates.

 

3)         Conduct written tests and proficiency tests for persons requesting to become CSTs.  (See Section 451.130 for testing procedures.)  Conduct same tests for persons who have been requested by the Department to be retested.  The Department would require a CST to be retested if that CST had been found guilty of a violation through the administrative hearing process (see Section 13-108 of the Illinois Vehicle Inspection Law and 92 Ill. Adm. Code 450 for hearing process).

 

4)         Inspect buildings, equipment and adjacent roadways or alleys for compliance with classification requirements or any conditions which affect the entrance and exit of vehicles.

 

5)         Inspect safety testing equipment in a lane for cleanliness, operability and accuracy.

 

6)         Require the owner to close the OTS when an ABTD is totally or partially inoperative or inaccurate.

 

A)        All Certificates of Safety at the OTS will be removed and held by an inspector or the Department until the ABTD in a lane has been cleaned, adjusted or repaired so as to render accurate results.

 

B)        An inspector will approve the condition of the lane before it is reopened for testing (i.e., ABTD is operating efficiently and effectively).

 

7)         Instruct owners and CSTs in the proper method of completing forms and reports used in safety testing procedures.

 

8)         Inspect forms required to be posted, completed and filed for cleanliness, legibility, accuracy and availability.

 

9)         Document whether safety tests are performed in accordance with this Part.

 

10)       Access to all records and supplies which are the property of, and furnished by, the Department.

 

11)       Inspect the OTS' and OMSTC's copy of this Part for completeness and availability.

 

12)       Inspect Vehicle Inspection Reports for accuracy, completeness, legibility and proper filing order.

 

13)       Inspect Certificates of Safety at OTS and OMSTCs for numerical sequence and storage security.  To inspect the owner's method of accountability for all Certificates of Safety.

 

14)       Investigate all complaints lodged against an OST, OMSTC or CST. (Section 13-107 of the Illinois Vehicle Inspection Law)

 

15)       Monitor OTSs and OMSTCs and procedures used in conducting safety tests through the use of both official marked and unmarked vehicles. Monitoring conducted in marked state vehicles includes unannounced routine visits by inspectors to check records for proper filing and completion, ABTD in a lane for proper calibration and operation, and to administer tests to prospective CSTs or those CSTs required to be retested.  Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if OTSs and OMSTCs are performing safety tests in accordance with this Part.

 

16)       Enforce compliance with goals for this program by issuing written warnings or citations/complaints to permit holders and their employees for alleged infractions of Section 13-100 et seq. of the Illinois Vehicle Inspection Law and this Part.  The charges as outlined in the citation(s) will be adjudicated at Administrative Hearings conducted by the Secretary, or his authorized representative in accordance with Vehicle Inspection Section Hearings; 92 Ill. Adm. Code 450.  The Secretary will determine the innocence or guilt of the defendant after careful evaluation of the evidence presented at such hearings.  If a determination of guilt is made, the Secretary will assess penalties for violations alleged on the citation/complaints.

 

17)       Close the OTSs or OMSTCs upon determination of a guilty verdict by Department personnel and subsequent suspension or revocation of testing privileges.  Permits and Certificates of Safety will be removed from the facility.

 

b)         Department employees will not solicit or accept any monies, gifts, services or favors for political contributions, supplies furnished, services performed, safety testing equipment purchased or sold, cost of doing business, or for any other activity or reason including "goodwill."

 

(Source:  Amended at 49 Ill. Reg. 15244, effective November 13, 2025)