Section 451.120  Responsibilities of the Official Testing Station and Official Mobile Safety Testing Company Owner

a)         The owner shall require all CSTs to comply with this Part.

b)         The owner shall be responsible for all practices and procedures, including, but not limited to, any certified or non-certified employee allowed to perform safety tests while in the employ, direction or control of the owner.  The owner is responsible for all safety test practices and procedures, regardless of whether the owner has knowledge or approves of such practices and procedures.

c)         The owner is responsible for their own conduct and behavior and that of their employees.  No owner or employee shall harass or intimidate an inspector.

d)         No owner shall allow the rates charged to be more than the scheduled rates approved by the Department and posted at the OTS or OMSTC.  If a rate increase has been approved by the Department, the higher rate cannot be charged until the new fee schedule has been posted at the OTS or OMSTC.

e)         If the vehicle being safety tested does not meet the requirements established by the Department, no owner shall allow any repairs or adjustments to be initiated without the express permission of the vehicle owner or driver.

f)         No owner shall allow any additional administrative charges (e.g., billing, printing, or copying) be assessed against the vehicle owner or driver.

g)         Nothing in this Section shall be construed to mean that any adjustment, correction or repair shall be made at or by the OTS or OMSTC performing the safety test.

h)         It shall be the owner's responsibility to immediately notify the Department at email address provided in Section 451.40, of any change in ownership, business name, location or status.  Such changes include incorporation of the firm, change in corporate officers or dissolution of partnership or corporation.  Any such change without immediate notification shall automatically cancel the existing permit.

i)          The owner shall email a completed Application for Certified Safety Tester Examination (Form BIC 1200) to the Department when the owner wishes to employ a CST.  Along with the application, the request shall include:

1)         A legible copy of the prospective CST's valid photo identification issued by a State or by the United States government.  Identification shall be attached to the CST application; and

2)         A digital head and shoulders photo of the applicant that measures at least 2" x 2" but not more than 3" x 3".

j)          The owner is responsible for training CST applicants on all testing procedures including any ABTD necessary to safety test a vehicle.  At the time of a CST examination, the owner shall have a vehicle present that is applicable to the examination being administered, (i.e., a vehicle equipped with air brakes for a truck certification examination).  All CST examinations will be administered at the physical location listed on the permit.

k)         The owner shall immediately notify the Department, by email, when neither the owner nor any of the owner's employees are eligible to test vehicles.  Owners shall return the CST certificate to the Department immediately when a CST no longer performs safety tests (i.e., no longer employed by the OTS or OMSTC).  Failure to have at least one CST automatically suspends the Permit until the owner or an employee becomes a CST.  The owner shall immediately notify the Department of the OTS or OMSTC closure and subsequent reopening at the email address provided in Section 451.40.

l)          It shall be the owner's responsibility to notify the Department by the email address provided in Section 451.40 prior to any scheduled voluntary closure.

m)        If a OTS is required to have an ABTD, the owner is responsible for maintaining the equipment in proper calibration and working order.  The owner is also responsible for maintaining the OTS and the lane or lanes in proper condition as required in this Part.

n)         If the OTS's ABTD is not functioning per the manufacturer's specifications, the owner shall report the malfunction to the Department at the email address provided in Section 451.40.  OTSs that are not equipped with a functioning ABTD are prohibited from performing all safety tests at the OTS regardless of whether an ABTD is required to perform the safety test.

o)         Safety testing of vehicles will not be resumed until the ABTD is functioning per the manufacturer's specifications.  The owner shall notify the Department by email provided in Section 451.40 when the ABTD is functioning.  An inspector will visit the OTS within 2 business days to verify the ABTD is functioning properly prior to the OTS re-opening the OTS to resume safety testing.

p)         If an OTS or OMSTC is not able to perform a retest, the test fee shall be refunded to the owner or driver of the previously rejected vehicle.

q)         Upon receipt of any addition, deletion or other notification of change issued by the Department, it shall be the owner's responsibility to file updates to their OTS or OMSTC copy of this Part and 92 Ill. Adm. Code 438, the Appendix G Inspection, as defined in Section 451.15, and 92 Ill. Adm. Code 441, 443, and 445, if applicable.  The complete and current copy of this Part shall be kept at the OTS, OMSTC, and vehicles used to perform safety tests by OMSTCs and shall be made available to all CSTs at all times.

r)          It will be the owner's responsibility to bring to the attention of all CSTs any material disseminated by the Department, including, but not limited to, changes, additions and deletions to this Part or 92 Ill. Adm. Code 438, the Appendix G Inspection, as defined in Section 451.15, and 92 Ill. Adm. Code 441, 443, and 445, if applicable.

s)         It shall be the owner's responsibility to ensure that he, as well as all CSTs, utilize the proper forms.  The forms shall be completed correctly and shall be submitted as prescribed by the Department.

t)          It shall be the owner's responsibility to maintain a supply of COS and numerical insert decals to accommodate any vehicle the OTS or OMSTC is permitted to safety test.  If the OTS or OMSTC does not have a supply of COS and numerical insert decals to issue to a rejected vehicle returning for retest, the test fee shall be refunded to the vehicle owner or driver.

u)         The owner shall be responsible for the proper security, distribution in sequential order by book and handling of the COS.

v)         If an OTS is required to have an ABTD, it shall be the owner's responsibility to notify the Department at the email provided in Section 451.40 of any change in the ABTD (e.g., a new ABTD is purchased).

w)        It shall be the owner's responsibility to provide appropriate payment for COS ordered from the Department.

x)         If as the result of an Administrative Hearing, as prescribed in 92 Ill. Adm. Code 450, a Permit is suspended, performance of any and all safety tests shall be prohibited for the duration of the suspension.  It shall be the owner's responsibility to surrender the Permit, COS and furnished supplies to the inspector on the date the suspension begins.  The owner shall be responsible for making all employees honor the terms of the suspension.

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