100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4957

 

Introduced , by Rep. John Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Defines "restored antique vehicle". Provides that an applicant who seeks to have a vehicle titled as a restored antique vehicle must state so in the application. Provides that the restored antique vehicle must be inspected by the Secretary of State Department of Police before a title can be issued. Provides that, upon a successful inspection, the vehicle shall be titled appropriately or may be issued a corrected title. Provides that a restored antique vehicle does not have to provide an odometer certification. Provides that an owner of a restored antique vehicle may register that vehicle for the standard registration fee for a vehicle of the first division and obtain a restored antique vehicle plate. Provides original and renewal issuance fees for special plates and that such fees shall be deposited into the Secretary of State Special License Plate Fund. Provides that an application for registration must be accompanied by an affirmation of the owner with specific affirmations. Provides that a registered owner of a restored antique vehicle may display a historical license plate. Provides that a restored antique vehicle may be disposed of by selling it to a person who desires to restore it. Provides that a restored antique vehicle may be equipped with lamps and brakes of the same type originally installed. Provides that a restored antique vehicle need not be equipped with electric turn signals unless such were originally installed. Requires that a restored antique vehicle shall have service brakes adequate to stop that vehicle within a distance of 40 feet and a hand brake adequate to stop within a distance of 55 feet. Provides that a restored antique vehicle does not need to submit to a safety test nor secure a certificate of safety.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4957LRB100 17250 LNS 32409 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-107, 3-112.1, 3-406, 4-209, 12-205, 12-208, 12-301,
6and 13-101 and by adding Sections 1-102.1a and 3-804a as
7follows:
 
8    (625 ILCS 5/1-102.1a new)
9    Sec. 1-102.1a. Restored antique vehicle. A motor vehicle
10that is more than 25 years of age or a bonafide replica
11thereof, in its original state and is as it was at the time of
12its manufacture, or restored to its original construction and
13appearance or restored to its original construction and
14appearance as closely as possible using original parts.
15Original parts can mean parts from the original motor vehicle,
16parts from another vehicle of the same construction and
17appearance, parts that are authentic reproductions of original
18parts, parts that are fabricated to resemble original parts, or
19any combination thereof.
 
20    (625 ILCS 5/3-107)  (from Ch. 95 1/2, par. 3-107)
21    Sec. 3-107. Contents and effect.
22    (a) Each certificate of title issued by the Secretary of

 

 

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1State shall contain:
2        1. the date issued;
3        2. the name and address of the owner;
4        3. the names, addresses, and fax numbers or electronic
5    addresses of any lienholders, in the order of priority as
6    shown on the application or, if the application is based on
7    a certificate of title, as shown on the certificate;
8        4. the title number assigned to the vehicle;
9        5. a description of the vehicle including, so far as
10    the following data exists: its make, year-model,
11    identifying number, type of body, whether new or used, as
12    to house trailers as defined in Section 1-128 of this Code,
13    and as to manufactured homes as defined in Section 1-144.03
14    of this Code, the square footage of the vehicle based upon
15    the outside dimensions excluding the length of the tongue
16    and hitch, and, if a new vehicle, the date of the first
17    sale of the vehicle for use;
18        6. an odometer certification as provided for in this
19    Code; and
20        7. any other data the Secretary of State prescribes.
21    (a-5) In the event the applicant seeks to have the vehicle
22titled as a restored antique vehicle, custom vehicle, or street
23rod, that fact must be stated in the application. The restored
24antique vehicle, custom vehicle, or street rod must be
25inspected as required by Section 3-406 of this Code prior to
26issuance of the title. Upon successful completion of the

 

 

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1inspection, the vehicle may be titled in the following manner.
2The make of the vehicle shall be listed as the make of the
3actual vehicle or the make it is designed to resemble (e.g.,
4Ford or Chevrolet); the model of the vehicle shall be listed as
5restored antique vehicle, custom vehicle, or street rod; and
6the year of the vehicle shall be listed as the year the actual
7vehicle was manufactured or the year it is designed to
8resemble. A vehicle previously titled as other than a restored
9antique vehicle, custom vehicle, or street rod may be issued a
10corrected title reflecting the restored antique vehicle,
11custom vehicle, or street rod model if it otherwise meets the
12requirements for the designation.
13    (a-10) In the event the applicant seeks to have the vehicle
14titled as a glider kit, that fact must be stated in the
15application. The glider kit must be inspected under Section
163-406 of this Code prior to issuance of the title. Upon
17successful completion of the inspection, the vehicle shall be
18titled in the following manner: (1) the make of the vehicle
19shall be listed as the make of the chassis or the make it is
20designed to resemble; (2) the model of the vehicle shall be
21listed as glider kit; and (3) the year of the vehicle shall be
22listed as the year presented on the manufacturer's certificate
23of origin for the chassis, unless no year is presented, then it
24shall be listed as the year the application was received. The
25vehicle identification number of the chassis shall be assigned
26to the engine, transmission, and rear axle if the engine,

 

 

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1transmission, and rear axle were not previously assigned a
2vehicle identification number after an inspection under
3Section 3-406.
4    (b) The certificate of title shall contain forms for
5assignment and warranty of title by the owner, and for
6assignment and warranty of title by a dealer, and may contain
7forms for applications for a certificate of title by a
8transferee, the naming of a lienholder and the assignment or
9release of the security interest of a lienholder.
10    (b-5) The Secretary of State shall designate on a
11certificate of title a space where the owner of a vehicle may
12designate a beneficiary, to whom ownership of the vehicle shall
13pass in the event of the owner's death.
14    (c) A certificate of title issued by the Secretary of State
15is prima facie evidence of the facts appearing on it.
16    (d) A certificate of title for a vehicle is not subject to
17garnishment, attachment, execution or other judicial process,
18but this subsection does not prevent a lawful levy upon the
19vehicle.
20    (e) Any certificate of title issued by the Secretary of
21State is subject to a lien in favor of the State of Illinois
22for any fees or taxes required to be paid under this Act and as
23have not been paid, as provided for in this Code.
24    (f) Notwithstanding any other provision of law, a
25certificate of title issued by the Secretary of State to a
26manufactured home is prima facie evidence of the facts

 

 

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1appearing on it, notwithstanding the fact that such
2manufactured home, at any time, shall have become affixed in
3any manner to real property.
4(Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18.)
 
5    (625 ILCS 5/3-112.1)  (from Ch. 95 1/2, par. 3-112.1)
6    Sec. 3-112.1. Odometer.
7    (a) All titles issued by the Secretary of State beginning
8January, 1990, shall provide for an odometer certification
9substantially as follows:
10    "I certify to the best of my knowledge that the odometer
11reading is and reflects the actual mileage of the vehicle
12unless one of the following statements is checked.
13
...................
14    (  )  1. The mileage stated is in excess of its mechanical
15limits.
16    (  )  2. The odometer reading is not the actual mileage.
17Warning - Odometer Discrepancy."
18    (b) When executing any transfer of title which contains the
19odometer certification as described in paragraph (a) above,
20each transferor of a motor vehicle must supply on the title
21form the following information:
22        (1) The odometer reading at the time of transfer and an
23    indication if the mileage is in excess of its mechanical
24    limits or if it is not the actual mileage;
25        (2) The date of transfer;

 

 

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1        (3) The transferor's printed name and signature; and
2        (4) The transferee's printed name and address.
3    (c) The transferee must sign on the title form indicating
4that he or she is aware of the odometer certification made by
5the transferor.
6    (d) The transferor will not be required to disclose the
7current odometer reading and the transferee will not have to
8acknowledge such disclosure under the following circumstances:
9        (1) A vehicle having a Gross Vehicle Weight Rating of
10    more than 16,000 pounds;
11        (2) A vehicle that is not self-propelled;
12        (3) A vehicle that is 10 years old or older;
13        (4) A vehicle sold directly by the manufacturer to any
14    agency of the United States; and
15        (5) A vehicle manufactured without an odometer.
16    (e) When the transferor signs the title transfer such
17transferor acknowledges that he or she is aware that Federal
18regulations and State law require him or her to state the
19odometer mileage upon transfer of ownership. An inaccurate or
20untruthful statement with intent to defraud subjects the
21transferor to liability for damages to the transferee pursuant
22to the federal Motor Vehicle Information and Cost Act of 1972,
23P.L. 92-513 as amended by P.L. 94-364. No transferor shall be
24liable for damages as provided under this Section who transfers
25title to a motor vehicle which has an odometer reading that has
26been altered or tampered with by a previous owner, unless that

 

 

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1transferor knew or had reason to know of such alteration or
2tampering and sold such vehicle with an intent to defraud. A
3cause of action is hereby created by which any person who, with
4intent to defraud, violates any requirement imposed under this
5Section shall be liable in an amount equal to the sum of:
6        (1) three times the amount of actual damages sustained
7    or $1,500, whichever is the greater; and
8        (2) in the case of any successful action to enforce the
9    foregoing liability, the costs of the action together with
10    reasonable attorney fees as determined by the court.
11    Any recovery based on a cause of action under this Section
12shall be offset by any recovery made pursuant to the federal
13Motor Vehicle Information and Cost Savings Act of 1972.
14    (f) The provisions of this Section shall not apply to any
15motorcycle, motor driven cycle, moped, antique vehicle,
16restored antique vehicle, or expanded-use antique vehicle.
17    (g) The Secretary of State may adopt rules and regulations
18providing for a transition period for all non-conforming
19titles.
20(Source: P.A. 97-412, eff. 1-1-12.)
 
21    (625 ILCS 5/3-406)  (from Ch. 95 1/2, par. 3-406)
22    Sec. 3-406. Application for specially constructed,
23reconstructed, restored antique, custom, street rod, foreign
24vehicles, or glider kits.
25    (a) In the event the vehicle to be registered is a

 

 

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1specially constructed, reconstructed or foreign vehicle, such
2fact shall be stated in the application and with reference to
3every foreign vehicle which has been registered heretofore
4outside of this State the owner shall surrender to the
5Secretary of State all registration plates, registration cards
6or other evidence of such foreign registration as may be in his
7possession or under his control except as provided in
8subdivision (b) hereof.
9    (b) Where in the course of interstate operation of a
10vehicle registered in another State, it is desirable to retain
11registration of said vehicle in such other State, such
12applicant need not surrender but shall submit for inspection
13said evidences of such foreign registration and the Secretary
14of State upon a proper showing shall register said vehicle in
15this State but shall not issue a certificate of title for such
16vehicle.
17    (c) In the event the applicant seeks to have the vehicle
18registered as a restored antique vehicle, custom vehicle, or
19street rod, that fact must be stated in the application. Prior
20to registration, restored antique vehicles, custom vehicles,
21or street rods must be inspected by the Secretary of State
22Department of Police. Upon successful completion of the
23inspection, the vehicle may be registered in the following
24manner. The make of the vehicle shall be listed as the make of
25the actual vehicle or the make it is designed to resemble
26(e.g., Ford or Chevrolet); the model of the vehicle shall be

 

 

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1listed as restored antique vehicle, custom vehicle, or street
2rod; and the year of the vehicle shall be listed as the year
3the actual vehicle was manufactured or the year it is designed
4to resemble.
5    (d) In the event the applicant seeks to have the vehicle
6registered as a glider kit, that fact must be stated in the
7application. Each glider kit sought to be registered shall be
8inspected by the Secretary of State Department of Police who
9shall verify the chassis, cab, front axle, and other essential
10parts as acceptable. Upon successful completion of the
11inspection, the vehicle may be registered in the following
12manner: (1) the make of the vehicle shall be listed as the make
13of the chassis of the actual manufacturer; (2) the model of the
14vehicle shall be listed as glider kit; and (3) the year of the
15vehicle shall be listed as the year presented on the
16manufacturer's certificate of origin for the chassis, unless no
17year is presented, then it shall be listed as the year the
18application is received.
19(Source: P.A. 99-748, eff. 8-5-16.)
 
20    (625 ILCS 5/3-804a new)
21    Sec. 3-804a. Restored antique vehicles.
22    (a) The owner of a restored antique vehicle may register
23that vehicle for the standard registration fee for a vehicle of
24the first division, other than a motorcycle, motor driven
25cycle, or pedalcycle, and obtain a restored antique vehicle

 

 

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1plate. An applicant for a special plate shall be charged, in
2addition to the standard registration fee, $15 for original
3issuance to be deposited into the Secretary of State Special
4License Plate Fund. For each renewal period, in addition to the
5standard registration fee, the applicant shall be charged $2,
6which shall be deposited into the Secretary of State Special
7License Plate Fund. The application for registration must be
8accompanied by an affirmation of the owner that the vehicle
9will be maintained for occasional transportation, exhibitions,
10club activities, parades, tours, and similar uses and will not
11be used for general daily transportation and that the
12mechanical condition, physical condition, brakes, lights,
13glass, and appearance of that vehicle is the same or as safe as
14originally equipped. The Secretary may, in his or her
15discretion prescribe that restored antique vehicle plates be
16issued for a definite or indefinite term, such term to
17correspond to the term of registration plates issued generally,
18as provided in Section 3-414.1. Any person requesting restored
19antique plates under this Section may also apply to have vanity
20or personalized plates as provided under Section 3-405.1.
21    (b) Any person who is the registered owner of a restored
22antique vehicle may display a historical license plate from or
23representing the model year of the vehicle, furnished by such
24person, in lieu of the current and valid Illinois restored
25antique vehicle plates issued thereto, provided that valid and
26current Illinois restored antique vehicle plates and

 

 

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1registration card issued to such restored antique vehicle are
2simultaneously carried within such vehicle and are available
3for inspection.
4    (c) Upon initial registration of a restored antique
5vehicle, the owner of the vehicle must have the vehicle
6inspected as required by Section 3-406 of this Code.
7    Except where otherwise provided, restored antique vehicles
8are considered to be in compliance with all vehicle equipment
9requirements if they have passed the approved vehicle safety
10inspection.
 
11    (625 ILCS 5/4-209)  (from Ch. 95 1/2, par. 4-209)
12    Sec. 4-209. Disposal of unclaimed vehicles more than 7
13years of age; disposal of abandoned or unclaimed vehicles
14without notice.
15    (a) When the identity of the registered owner, lienholder,
16or other legally entitled persons of an abandoned, lost, or
17unclaimed vehicle of 7 years of age or newer cannot be
18determined by any means provided for in this Chapter, the
19vehicle may be sold as provided in Section 4-208 without notice
20to any person whose identity cannot be determined.
21    (b) When an abandoned vehicle of more than 7 years of age
22is impounded as specified by this Chapter, or when any such
23vehicle is towed at the request or with the consent of the
24owner or operator and is subsequently abandoned, it will be
25kept in custody or storage for a minimum of 10 days for the

 

 

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1purpose of determining the identity of the registered owner,
2lienholder, or other legally entitled persons and contacting
3the registered owner, lienholder, or other legally entitled
4persons by the U. S. Mail, public service or in person for a
5determination of disposition; and, an examination of the State
6Police stolen vehicle files for theft and wanted information.
7At the expiration of the 10 day period, without the benefit of
8disposition information being received from the registered
9owner, lienholder, or other legally entitled persons, the
10vehicle may be disposed of in either of the following ways:
11        (1) The law enforcement agency having jurisdiction
12    will authorize the disposal of the vehicle as junk or
13    salvage.
14        (2) The towing service may sell the vehicle in the
15    manner provided in Section 4-208 of this Code, provided
16    that this paragraph (2) shall not apply to vehicles towed
17    by order or authorization of a law enforcement agency.
18    (c) A vehicle classified as an antique vehicle, restored
19antique vehicle, expanded-use antique vehicle, custom vehicle,
20or street rod may however be sold to a person desiring to
21restore it.
22(Source: P.A. 97-412, eff. 1-1-12.)
 
23    (625 ILCS 5/12-205)  (from Ch. 95 1/2, par. 12-205)
24    Sec. 12-205. Lamps on other vehicles and equipment. Every
25vehicle, including animal drawn vehicles, referred to in

 

 

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1paragraph (b) of Section 12-101, not specifically required by
2the provisions of this Article to be equipped with lamps or
3other lighting devices, shall at all times specified in Section
412-201 of this Act be equipped with at least 2 lamps on the
5power or towing unit, displaying a white light visible from a
6distance of not less than 1,000 feet to the front of such
7vehicle and shall also be equipped with 2 lamps each displaying
8a red light visible from a distance of not less than 1,000 feet
9to the rear of such vehicle.
10    Where the towed unit or any load thereon partially or
11totally obscures the 2 lamps displaying red light to the rear
12of the towing unit, the rearmost towed unit shall be equipped
13with 2 lamps displaying red light visible from a distance of
14not less than 1,000 feet to the rear of such towed unit which
15are positioned in such a manner as to not obstruct the
16visibility of the red light to any vehicle operator approaching
17from the rear of such vehicle or combination of vehicles.
18    Where the 2 lamps displaying red light are not obscured by
19the towed unit or its load, then either towing unit or towed
20unit, or both, may be equipped with the 2 lamps displaying red
21light as required.
22    The preceding paragraph does not apply to antique vehicles,
23restored antique vehicles, expanded-use antique vehicles,
24custom vehicles, or street rods. An antique vehicle, restored
25antique vehicle, or expanded-use antique vehicle shall be
26equipped with lamps of the same type originally installed by

 

 

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1the manufacturer as original equipment and in working order.
2(Source: P.A. 97-412, eff. 1-1-12.)
 
3    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
4    Sec. 12-208. Signal lamps and signal devices.
5    (a) Every vehicle other than an antique vehicle displaying
6an antique plate, a restored antique vehicle displaying a
7restored antique plate, or an expanded-use antique vehicle
8displaying an expanded-use antique vehicle plate plates
9operated in this State shall be equipped with a stop lamp or
10lamps on the rear of the vehicle which shall display a red or
11amber light visible from a distance of not less than 500 feet
12to the rear in normal sunlight and which shall be actuated upon
13application of the service (foot) brake, and which may but need
14not be incorporated with other rear lamps. During times when
15lighted lamps are not required, an antique vehicle , a restored
16antique vehicle, or an expanded-use antique vehicle may be
17equipped with a stop lamp or lamps on the rear of such vehicle
18of the same type originally installed by the manufacturer as
19original equipment and in working order. However, at all other
20times, except as provided in subsection (a-1), such antique
21vehicle, restored antique vehicle, or expanded-use antique
22vehicle must be equipped with stop lamps meeting the
23requirements of Section 12-208 of this Act.
24    (a-1) A motorcycle, or an antique vehicle, a restored
25antique vehicle, or an expanded-use antique vehicle, including

 

 

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1an antique motorcycle, may display a blue light or lights of up
2to one inch in diameter as part of the vehicle's rear stop lamp
3or lamps.
4    (b) Every motor vehicle other than an antique vehicle
5displaying an antique plate, a restored antique vehicle
6displaying a restored antique plate, or an expanded-use antique
7vehicle displaying an expanded-use antique vehicle plate
8plates shall be equipped with an electric turn signal device
9which shall indicate the intention of the driver to turn to the
10right or to the left in the form of flashing lights located at
11and showing to the front and rear of the vehicle on the side of
12the vehicle toward which the turn is to be made. The lamps
13showing to the front shall be mounted on the same level and as
14widely spaced laterally as practicable and, when signaling,
15shall emit a white or amber light, or any shade of light
16between white and amber. The lamps showing to the rear shall be
17mounted on the same level and as widely spaced laterally as
18practicable and, when signaling, shall emit a red or amber
19light. An antique vehicle, restored antique vehicle, or
20expanded-use antique vehicle shall be equipped with a turn
21signal device of the same type originally installed by the
22manufacturer as original equipment and in working order.
23    (c) Every trailer and semitrailer shall be equipped with an
24electric turn signal device which indicates the intention of
25the driver in the power unit to turn to the right or to the left
26in the form of flashing red or amber lights located at the rear

 

 

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1of the vehicle on the side toward which the turn is to be made
2and mounted on the same level and as widely spaced laterally as
3practicable.
4    (d) Turn signal lamps must be visible from a distance of
5not less than 300 feet in normal sunlight.
6    (e) Motorcycles and motor-driven cycles need not be
7equipped with electric turn signals. Antique vehicles,
8restored antique vehicles, and expanded-use antique vehicles
9need not be equipped with turn signals unless such were
10installed by the manufacturer as original equipment.
11    (f) (Blank).
12    (g) Motorcycles and motor-driven cycles may be equipped
13with a stop lamp or lamps on the rear of the vehicle that
14display a red or amber light, visible from a distance of not
15less than 500 feet to the rear in normal sunlight, that flashes
16and becomes steady only when the brake is actuated.
17(Source: P.A. 99-598, eff. 1-1-17.)
 
18    (625 ILCS 5/12-301)  (from Ch. 95 1/2, par. 12-301)
19    Sec. 12-301. Brakes.
20    (a) Brake equipment required.
21        1. Every motor vehicle, other than a motor-driven
22    cycle, an antique vehicle displaying an antique plate, a
23    restored antique vehicle displaying a restored antique
24    plate, and an expanded-use antique vehicle displaying an
25    expanded-use antique vehicle plate plates, when operated

 

 

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1    upon a highway shall be equipped with brakes adequate to
2    control the movement of and to stop and hold such vehicle,
3    including 2 separate means of applying the brakes, each of
4    which means shall be effective to apply the brakes to at
5    least one wheel on a motorcycle and at least 2 wheels on
6    all other first division and second division vehicles. If
7    these 2 separate means of applying the brakes are connected
8    in any way, they shall be so constructed that failure of
9    any one part of the operating mechanism shall not leave the
10    motor vehicle without brakes.
11        2. Every motor-driven cycle when operated upon a
12    highway shall be equipped with at least one brake which may
13    be operated by hand or foot.
14        3. Every antique vehicle and restored antique vehicle
15    shall be equipped with the brakes of the same type
16    originally installed by the manufacturer as original
17    equipment and in working order.
18        4. Except as provided in paragraph 4.1, every trailer
19    or semitrailer of a gross weight of over 3,000 pounds, when
20    operated upon a highway must be equipped with brakes
21    adequate to control the movement of, to stop and to hold
22    such vehicle, and designed so as to be operable by the
23    driver of the towing vehicle from its cab. Such brakes must
24    be so designed and connected that in case of an accidental
25    breakaway of a towed vehicle over 5,000 pounds, the brakes
26    are automatically applied.

 

 

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1        4.1. Every boat trailer of a gross weight of over 3,000
2    pounds, when operated upon a highway, must be equipped with
3    brakes adequate to control the movement of, to stop, and to
4    hold that boat trailer. The brakes must be designed to
5    ensure that, in case of an accidental breakaway of a towed
6    boat trailer over 5,000 pounds, the brakes are
7    automatically applied.
8        5. Every motor vehicle, expanded-use antique vehicle,
9    trailer, pole trailer or semitrailer, sold in this State or
10    operated upon the highways shall be equipped with service
11    brakes upon all wheels of every such vehicle, except any
12    motor-driven cycle, and except that any trailer, pole
13    trailer or semitrailer 3,000 pounds gross weight or less
14    need not be equipped with brakes, and except that any
15    trailer or semitrailer with gross weight over 3,000 pounds
16    but under 5,001 pounds need be equipped with brakes on only
17    one wheel on each side of the vehicle. Any motor vehicle
18    and truck tractor having 3 or more axles and manufactured
19    prior to July 25, 1980 need not have brakes on the front
20    wheels, except when such vehicles are equipped with at
21    least 2 steerable axles, the wheels of one such axle need
22    not be equipped with brakes. However, a vehicle that is
23    more than 30 years of age and which is driven on the
24    highways only in going to and returning from an antique
25    auto show or for servicing or for a demonstration need be
26    equipped with 2 wheel brakes only.

 

 

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1    (b) Performance ability of brakes.
2        1. The service brakes upon any motor vehicle or
3    combination of vehicles operating on a level surface shall
4    be adequate to stop such vehicle or vehicles when traveling
5    20 miles per hour within a distance of 30 feet when upon
6    dry asphalt or concrete pavement surface free from loose
7    material.
8        2. Under the above conditions the hand brake shall be
9    adequate to stop such vehicle or vehicles, except any
10    motorcycle, within a distance of 55 feet and the hand brake
11    shall be adequate to hold such vehicle or vehicles
12    stationary on any grade upon which operated.
13        3. Under the above conditions the service brakes upon
14    an antique vehicle, a restored antique vehicle, or an
15    expanded-use antique vehicle shall be adequate to stop the
16    vehicle within a distance of 40 feet and the hand brake
17    adequate to stop the vehicle within a distance of 55 feet.
18        4. All braking distances specified in this Section
19    apply to all vehicles mentioned, whether such vehicles are
20    unloaded or are loaded to the maximum capacity permitted
21    under this Act.
22        5. All brakes shall be maintained in good working order
23    and shall be so adjusted as to operate as equally as
24    practicable with respect to the wheels on opposite sides of
25    the vehicle.
26        6. Brake assembly requirements for mobile homes shall

 

 

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1    be the standards required by the United States Department
2    of Housing and Urban Development adopted under Title VI of
3    the Housing and Community Development Act of 1974.
4    (c) (Blank).
5(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
 
6    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
7    Sec. 13-101. Submission to safety test; Certificate of
8safety. To promote the safety of the general public, every
9owner of a second division vehicle, medical transport vehicle,
10tow truck, first division vehicle including a taxi which is
11used for a purpose that requires a school bus driver permit,
12motor vehicle used for driver education training, or contract
13carrier transporting employees in the course of their
14employment on a highway of this State in a vehicle designed to
15carry 15 or fewer passengers shall, before operating the
16vehicle upon the highways of Illinois, submit it to a "safety
17test" and secure a certificate of safety furnished by the
18Department as set forth in Section 13-109. Each second division
19motor vehicle that pulls or draws a trailer, semitrailer or
20pole trailer, with a gross weight of more than 8,000 lbs or is
21registered for a gross weight of more than 8,000 lbs, motor
22bus, religious organization bus, school bus, senior citizen
23transportation vehicle, and limousine shall be subject to
24inspection by the Department and the Department is authorized
25to establish rules and regulations for the implementation of

 

 

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1such inspections.
2    The owners of each salvage vehicle shall submit it to a
3"safety test" and secure a certificate of safety furnished by
4the Department prior to its salvage vehicle inspection pursuant
5to Section 3-308 of this Code. In implementing and enforcing
6the provisions of this Section, the Department and other
7authorized State agencies shall do so in a manner that is not
8inconsistent with any applicable federal law or regulation so
9that no federal funding or support is jeopardized by the
10enactment or application of these provisions.
11    However, none of the provisions of Chapter 13 requiring
12safety tests or a certificate of safety shall apply to:
13        (a) farm tractors, machinery and implements, wagons,
14    wagon-trailers or like farm vehicles used primarily in
15    agricultural pursuits;
16        (b) vehicles other than school buses, tow trucks and
17    medical transport vehicles owned or operated by a municipal
18    corporation or political subdivision having a population
19    of 1,000,000 or more inhabitants and which are subject to
20    safety tests imposed by local ordinance or resolution;
21        (c) a semitrailer or trailer having a gross weight of
22    5,000 pounds or less including vehicle weight and maximum
23    load;
24        (d) recreational vehicles;
25        (e) vehicles registered as an antique vehicle and
26    displaying Illinois antique vehicle plates, vehicles

 

 

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1    registered as a restored antique vehicle and displaying
2    Illinois restored antique vehicle plates, and vehicles
3    registered as an expanded-use antique vehicle vehicles and
4    displaying expanded-use antique vehicle plates;
5        (f) house trailers equipped and used for living
6    quarters;
7        (g) vehicles registered as and displaying Illinois
8    permanently mounted equipment plates or similar vehicles
9    eligible therefor but registered as governmental vehicles
10    provided that if said vehicle is reclassified from a
11    permanently mounted equipment plate so as to lose the
12    exemption of not requiring a certificate of safety, such
13    vehicle must be safety tested within 30 days of the
14    reclassification;
15        (h) vehicles owned or operated by a manufacturer,
16    dealer or transporter displaying a special plate or plates
17    as described in Chapter 3 of this Code while such vehicle
18    is being delivered from the manufacturing or assembly plant
19    directly to the purchasing dealership or distributor, or
20    being temporarily road driven for quality control testing,
21    or from one dealer or distributor to another, or are being
22    moved by the most direct route from one location to another
23    for the purpose of installing special bodies or equipment,
24    or driven for purposes of demonstration by a prospective
25    buyer with the dealer or his agent present in the cab of
26    the vehicle during the demonstration;

 

 

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1        (i) pole trailers and auxiliary axles;
2        (j) special mobile equipment;
3        (k) vehicles properly registered in another State
4    pursuant to law and displaying a valid registration plate,
5    except vehicles of contract carriers transporting
6    employees in the course of their employment on a highway of
7    this State in a vehicle designed to carry 15 or fewer
8    passengers are only exempted to the extent that the safety
9    testing requirements applicable to such vehicles in the
10    state of registration are no less stringent than the safety
11    testing requirements applicable to contract carriers that
12    are lawfully registered in Illinois;
13        (l) water-well boring apparatuses or rigs;
14        (m) any vehicle which is owned and operated by the
15    federal government and externally displays evidence of
16    such ownership; and
17        (n) second division vehicles registered for a gross
18    weight of 8,000 pounds or less, except when such second
19    division motor vehicles pull or draw a trailer,
20    semi-trailer or pole trailer having a gross weight of or
21    registered for a gross weight of more than 8,000 pounds;
22    motor buses; religious organization buses; school buses;
23    senior citizen transportation vehicles; medical transport
24    vehicles and tow trucks.
25    The safety test shall include the testing and inspection of
26brakes, lights, horns, reflectors, rear vision mirrors,

 

 

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1mufflers, safety chains, windshields and windshield wipers,
2warning flags and flares, frame, axle, cab and body, or cab or
3body, wheels, steering apparatus, and other safety devices and
4appliances required by this Code and such other safety tests as
5the Department may by rule or regulation require, for second
6division vehicles, school buses, medical transport vehicles,
7tow trucks, first division vehicles including taxis which are
8used for a purpose that requires a school bus driver permit,
9motor vehicles used for driver education training, vehicles
10designed to carry 15 or fewer passengers operated by a contract
11carrier transporting employees in the course of their
12employment on a highway of this State, trailers, and
13semitrailers subject to inspection.
14    For tow trucks, the safety test and inspection shall also
15include the inspection of winch mountings, body panels, body
16mounts, wheel lift swivel points, and sling straps, and other
17tests and inspections the Department by rule requires for tow
18trucks.
19    For driver education vehicles used by public high schools,
20the vehicle must also be equipped with dual control brakes, a
21mirror on each side of the vehicle so located as to reflect to
22the driver a view of the highway for a distance of at least 200
23feet to the rear, and a sign visible from the front and the
24rear identifying the vehicle as a driver education car.
25    For trucks, truck tractors, trailers, semi-trailers,
26buses, and first division vehicles including taxis which are

 

 

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1used for a purpose that requires a school bus driver permit,
2the safety test shall be conducted in accordance with the
3Minimum Periodic Inspection Standards promulgated by the
4Federal Highway Administration of the U.S. Department of
5Transportation and contained in Appendix G to Subchapter B of
6Chapter III of Title 49 of the Code of Federal Regulations.
7Those standards, as now in effect, are made a part of this
8Code, in the same manner as though they were set out in full in
9this Code.
10    The passing of the safety test shall not be a bar at any
11time to prosecution for operating a second division vehicle,
12medical transport vehicle, motor vehicle used for driver
13education training, or vehicle designed to carry 15 or fewer
14passengers operated by a contract carrier as provided in this
15Section that is unsafe, as determined by the standards
16prescribed in this Code.
17(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
1897-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/1-102.1a new
4    625 ILCS 5/3-107from Ch. 95 1/2, par. 3-107
5    625 ILCS 5/3-112.1from Ch. 95 1/2, par. 3-112.1
6    625 ILCS 5/3-406from Ch. 95 1/2, par. 3-406
7    625 ILCS 5/3-804a new
8    625 ILCS 5/4-209from Ch. 95 1/2, par. 4-209
9    625 ILCS 5/12-205from Ch. 95 1/2, par. 12-205
10    625 ILCS 5/12-208from Ch. 95 1/2, par. 12-208
11    625 ILCS 5/12-301from Ch. 95 1/2, par. 12-301
12    625 ILCS 5/13-101from Ch. 95 1/2, par. 13-101