101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1457

 

Introduced , by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/13-101  from Ch. 95 1/2, par. 13-101

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning vehicle safety tests.


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A BILL FOR

 

HB1457LRB101 08102 TAE 53166 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
5Section 13-101 as follows:
 
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 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 10,001 lbs or more or is
21registered for a gross weight of 10,001 lbs or more, motor bus,
22religious organization bus, school bus, senior citizen
23transportation vehicle, and limousine shall be subject to

 

 

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

 

 

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1        (e) vehicles registered as and displaying Illinois
2    antique vehicle plates and vehicles registered as
3    expanded-use antique vehicles and displaying expanded-use
4    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 10,000 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 10,000 pounds;
22    motor buses; religious organization buses; school buses;
23    senior citizen transportation vehicles; medical transport
24    vehicles; tow trucks; and any property carrying vehicles
25    being operated in commerce that are registered for a gross
26    weight of more than 8,000 lbs but less than 10,001 lbs.

 

 

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

 

 

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1    For trucks, truck tractors, trailers, semi-trailers,
2buses, and first division vehicles including taxis which are
3used for a purpose that requires a school bus driver permit,
4the safety test shall be conducted in accordance with the
5Minimum Periodic Inspection Standards promulgated by the
6Federal Highway Administration of the U.S. Department of
7Transportation and contained in Appendix G to Subchapter B of
8Chapter III of Title 49 of the Code of Federal Regulations.
9Those standards, as now in effect, are made a part of this
10Code, in the same manner as though they were set out in full in
11this Code.
12    The passing of the safety test shall not be a bar at any
13time to prosecution for operating a second division vehicle,
14medical transport vehicle, motor vehicle used for driver
15education training, or vehicle designed to carry 15 or fewer
16passengers operated by a contract carrier as provided in this
17Section that is unsafe, as determined by the standards
18prescribed in this Code.
19(Source: P.A. 100-956, eff. 1-1-19.)