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 451.70 PERMIT APPLICATION PROCEDURES AND OPERATING REQUIREMENTS FOR OFFICIAL TESTING STATIONS AND OFFICIAL MOBILE SAFETY TESTING COMPANIES
Section 451.70 Permit Application Procedures and Operating Requirements for Official Testing Stations and Official Mobile Safety Testing Companies
a) To apply for a permit, applicants shall submit a request, in writing, to the Department at DOT.VehicleInspectionUnit@illinois.gov.
b) Once a written request is received, an Inspector will perform a survey at the prospective OTS or OMSTC location to determine compliance with this Part. Inspectors shall review the approval or denial of the survey with the applicant. The survey shall be submitted to the Department by the Inspector.
c) Once the survey is approved, the applicant shall submit to the Department:
1) Application for Official Testing Station or Official Mobile Safety Testing Company Permit.
2) File with the Department a $10,000 bond with security provided by a bonding company in good standing with the Illinois Department of Insurance Bond Form (BIC 1165). The bond form shall be retained by the Department.
3) Application fee of $50.00. The application fee shall be paid through the electronic payment system established by the State of Illinois and utilized by the Department (i.e., Illinois State Treasurer's E-Pay system) made payable to: Treasurer, State of Illinois. This fee is nonrefundable.
d) For each OTS, the applicant shall submit the following photographs to the Department. Digital photos are required.
1) One 8 x 10 digital photograph that shows the lane area entrance; and
2) One 8 x 10 digital photograph that shows the entire lane area; and
3) One 8 x 10 digital photograph that shows the lane area exit.
4) OMSTC applicants shall submit an address facing 8 x 10 digital photograph of the physical business address listed on the application. OMSTC applications are exempt from Lane area photographs in 451.70(d)(1)(2)(3).
5) OMSTC shall submit a list of vehicles that will be utilized to perform safety tests. The vehicle list shall include the vehicle identification Number (VIN), registration number (plate), vehicle model year, and vehicle make.
6) When applying for a Private Permit, the applicant shall submit a list of 75 or more vehicle owned or leased by the owner. The vehicle list shall only include vehicles required to submit to a safety test subject to the Illinois Vehicle Inspection Law. The vehicle list shall include each vehicles' vehicle identification number (VIN), registration (plate) number, vehicle model, vehicle year, and the physical address where each vehicle is housed. If vehicles included on the vehicle list are leased by the applicant, a copy of a signed lease agreement must be submitted along with the vehicle list.
e) If the applicant meets all the applicable requirements of this Part, a permit will be issued to the applicant.
f) Permits issued by the Department will expire 12 months following issuance. The permit shall be renewed annually by complying with this Part and upon payment of a $50 renewal fee. Any change or amendment to an existing permit will require an additional $50 fee.
g) Each permit will be assigned a specific identification number. The OTS or OMSTC identification number, the physical address of the OTS or OMSTC, and expiration date will be displayed on the permit. The permit will also display a public or private designation. Permits issued to OTSs authorized to inspect school buses will also display a school bus designation.
h) Any permit issued to a governmental agency (i.e., state, city, village, incorporated town or county) shall be exempt from the payment of any original or renewal permit fee and exempt from the filing of any bond.
i) A permit issued under this Part is specific to the location identified in the application. Any change in physical location of the OTS or OMSTC shall require a new permit.
j) Any permit issued by the Department will be subject to cancellation, suspension or revocation by the Department for violations of this Part. The first violation by an owner or a CST of the provisions of this Part statutorily requires a minimum suspension of 30 days. The length of a first suspension can be extended up to 180 days if evidence in aggravation of the penalty is introduced at the hearing. A prior suspension within a four year period, without any other aggravating evidence, will result in a 60-day suspension. Violations directly threatening the public safety are considered an aggravation of the penalty. The hearing officer will consider other evidence in aggravation or mitigation of a suspension. Revocation is recommended when suspensions are not correcting improper performance. After two suspensions in a two-year period, or after repeated suspensions over a longer period, the permit will be revoked upon another violation. Revocation will also be recommended when a pattern of violations indicates that a fraud on the public is being committed. A hearing officer will consider other evidence in aggravation or mitigation when considering revocation of a permit.
k) If an Owner or CST is found guilty of a serious violation through the Department's administrative hearing process (see 92 Ill. Adm. Code 450, Commercial Vehicle Safety Section Hearings) and the permit is revoked, the owner cannot make an application for a new permit within the period of twelve months after the date of the revocation and then, upon making an application, the Department shall consider this record in deciding whether or not to grant the license. Owners who have been denied a permit renewal may request an administrative hearing as prescribed in 92 Ill. Adm. Code 450.
l) Each OTS or OMSTC shall have at least one person licensed by the Department as a CST.
m) No safety test shall be conducted unless the OTS or OMSTC possesses and has properly displayed a valid permit issued by the Department.
n) If an OTS or OMSTC is inoperative for more than six months in the previous 12 months, the permit will be cancelled and the OTS or OMSTC will be closed. If the owner wishes to reopen at a later date, a new application shall be submitted to the Department and the $50 filing fee shall be paid.
o) Permits are designated either public or private.
1) Public
A) Public OTSs are required to safety test all vehicles permitted for and required to submit to a safety test in accordance with the Illinois Vehicle Inspection Law or permitted by the FMCSA (prior authorization is required to perform school bus inspections).
B) Public OTSs and OMSTCs shall be open for testing for a minimum of eight hours between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, except on federal holidays.
C) Vehicle owners shall not be required to make an appointment at a Public OTS.
D) Public OTSs are required to have an ABTD available for use in the lane to safety test school buses and special vehicles. The ABTD shall be calibrated and operate according to the ABTD manufacturers specifications.
E) OTSs shall perform Appendix G inspections on the property at the address listed on the permit. Appendix G inspections must not be performed on roadways, alleys, or any property other than the address listed on the permit.
2) Private
A) Private OTSs and OMSTCs are not open to the public. They are established solely for the purpose of testing 75 or more vehicles owned or leased by the firm in whose name the permit is issued. Vehicles that are owned or leased by a private OTSs or OMSTCs are not required to be housed at the same location. Private OTS or OMSTC owners shall retain at least 75 vehicles that require safety testing in their fleet in order to maintain their status permit.
B) Private OTSs shall only perform safety tests at the physical address list on the permit.
C) Private OTS or OMSTC owners shall annually provide the Department a list of all vehicles leased or owned by the company operating the OTS or OMSTC and subject to the Illinois Vehicle Inspection Law. The list shall include the vehicle identification number (VIN), registration (plate) number, vehicle model, vehicle model year, and the physical address each vehicle is housed. Private OTSs and OMSTCs fleet information shall be submitted to the Department with the annual permit renewal request. If vehicles are leased by the private OTS or OMSTC, a copy of a signed lease agreement must be submitted along with the vehicle list.
D) At the time of permit renewal, if a company operating a private OTS or OMSTC fails to submit its fleet list and lease agreement (if appliable), fails to maintain 75 vehicles in its fleet, or fails to perform at least 75 inspections since the last permit renewal, the permit will be cancelled.
E) Private OTSs or OMSTCs are exempt from maintaining normal business hours but shall be open for monitoring by inspectors during the hours required in subsection (q)(1)(B).
F) Private OTSs and OMSTCs are subject to the same requirements as public OTSs and OMSTCs except where specifically noted.
G) Private OTSs that operate special vehicles or school buses shall be equipped with an ABTD readily available for use.
H) Inspectors of the Department shall conduct periodic nonscheduled inspections on owners' premises of vehicles owned and operated by licensed "Independent i.e., Private Official Testing Stations." (IVC Section 13-105)
(Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025) |