HB3256 EngrossedLRB097 08071 HEP 48194 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 Alternate Fuels Act is amended by changing
5Section 35 as follows:
 
6    (415 ILCS 120/35)
7    Sec. 35. User fees.
8    (a) The Office of the Secretary of State shall collect
9annual user fees from any individual, partnership,
10association, corporation, or agency of the United States
11government that registers any combination of 10 or more of the
12following types of motor vehicles in the Covered Area: (1)
13vehicles of the First Division, as defined in the Illinois
14Vehicle Code; (2) vehicles of the Second Division registered
15under the B, D, F, H, MD, MF, MG, MH and MJ plate categories, as
16defined in the Illinois Vehicle Code; and (3) commuter vans and
17livery vehicles as defined in the Illinois Vehicle Code. This
18Section does not apply to vehicles registered under the
19International Registration Plan under Section 3-402.1 of the
20Illinois Vehicle Code. The user fee shall be $20 for each
21vehicle registered in the Covered Area for each fiscal year.
22The Office of the Secretary of State shall collect the $20 when
23a vehicle's registration fee is paid.

 

 

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1    (b) Owners of State, county, and local government vehicles,
2rental vehicles, antique vehicles, expanded-use antique
3vehicles, electric vehicles, and motorcycles are exempt from
4paying the user fees on such vehicles.
5    (c) The Office of the Secretary of State shall deposit the
6user fees collected into the Alternate Fuels Fund.
7(Source: P.A. 92-858, eff. 1-3-03; 93-32, eff. 7-1-03.)
 
8    Section 10. The Illinois Vehicle Code is amended by adding
9Sections 1-118.1 and 3-804.01 and changing Sections 3-112.1,
103-806, 4-209, 12-205, 12-208, 12-301, 12-501, 12-608, 13-101,
11and 13C-15 as follows:
 
12    (625 ILCS 5/1-118.1 new)
13    Sec. 1-118.1. Expanded-use antique vehicle.
14    A motor vehicle that is more than 25 years of age or a bona
15fide replica thereof and which is registered and driven on the
16highways in accordance with Section 3-804.01.
 
17    (625 ILCS 5/3-112.1)  (from Ch. 95 1/2, par. 3-112.1)
18    Sec. 3-112.1. Odometer.
19    (a) All titles issued by the Secretary of State beginning
20January, 1990, shall provide for an odometer certification
21substantially as follows:
22    "I certify to the best of my knowledge that the odometer
23reading is and reflects the actual mileage of the vehicle

 

 

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1unless one of the following statements is checked.
2
...................
3    (  )  1. The mileage stated is in excess of its mechanical
4limits.
5    (  )  2. The odometer reading is not the actual mileage.
6Warning - Odometer Discrepancy."
7    (b) When executing any transfer of title which contains the
8odometer certification as described in paragraph (a) above,
9each transferor of a motor vehicle must supply on the title
10form the following information:
11        (1) The odometer reading at the time of transfer and an
12    indication if the mileage is in excess of its mechanical
13    limits or if it is not the actual mileage;
14        (2) The date of transfer;
15        (3) The transferor's printed name and signature; and
16        (4) The transferee's printed name and address.
17    (c) The transferee must sign on the title form indicating
18that he or she is aware of the odometer certification made by
19the transferor.
20    (d) The transferor will not be required to disclose the
21current odometer reading and the transferee will not have to
22acknowledge such disclosure under the following circumstances:
23        (1) A vehicle having a Gross Vehicle Weight Rating of
24    more than 16,000 pounds;
25        (2) A vehicle that is not self-propelled;
26        (3) A vehicle that is 10 years old or older;

 

 

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1        (4) A vehicle sold directly by the manufacturer to any
2    agency of the United States; and
3        (5) A vehicle manufactured without an odometer.
4    (e) When the transferor signs the title transfer such
5transferor acknowledges that he or she is aware that Federal
6regulations and State law require him or her to state the
7odometer mileage upon transfer of ownership. An inaccurate or
8untruthful statement with intent to defraud subjects the
9transferor to liability for damages to the transferee pursuant
10to the federal Motor Vehicle Information and Cost Act of 1972,
11P.L. 92-513 as amended by P.L. 94-364. No transferor shall be
12liable for damages as provided under this Section who transfers
13title to a motor vehicle which has an odometer reading that has
14been altered or tampered with by a previous owner, unless that
15transferor knew or had reason to know of such alteration or
16tampering and sold such vehicle with an intent to defraud. A
17cause of action is hereby created by which any person who, with
18intent to defraud, violates any requirement imposed under this
19Section shall be liable in an amount equal to the sum of:
20        (1) three times the amount of actual damages sustained
21    or $1,500, whichever is the greater; and
22        (2) in the case of any successful action to enforce the
23    foregoing liability, the costs of the action together with
24    reasonable attorney fees as determined by the court.
25    Any recovery based on a cause of action under this Section
26shall be offset by any recovery made pursuant to the federal

 

 

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1Motor Vehicle Information and Cost Savings Act of 1972.
2    (f) The provisions of this Section shall not apply to any
3motorcycle, motor driven cycle, moped, or antique vehicle, or
4expanded-use antique vehicle.
5    (g) The Secretary of State may adopt rules and regulations
6providing for a transition period for all non-conforming
7titles.
8(Source: P.A. 91-357, eff. 7-29-99; 92-651, eff. 7-11-02.)
 
9    (625 ILCS 5/3-804.01 new)
10    Sec. 3-804.01. Expanded-use antique vehicles.
11    (a) The owner of a motor vehicle that is more than 25 years
12of age or a bona fide replica thereof may register the vehicle
13as an expanded-use antique vehicle. In addition to the
14appropriate registration and renewal fees, the fee for
15expanded-use antique vehicle registration and renewal shall be
16$45 per year. The application for registration must be
17accompanied by an affirmation of the owner that:
18        (1) from January 1 through March 31 and from November 1
19    through December 31, the vehicle will be driven on the
20    highways only for the purpose of going to and returning
21    from an antique auto show or an exhibition, or for
22    servicing or demonstration; and
23        (2) the mechanical condition, physical condition,
24    brakes, lights, glass, and appearance of such vehicle is
25    the same or as safe as originally equipped.

 

 

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1    From April 1 through October 31, a vehicle registered as an
2expanded-use antique vehicle may be driven on the highways
3without being subject to the restrictions set forth in
4subdivision (1). The Secretary may prescribe, in the
5Secretary's discretion, that expanded-use antique vehicle
6plates be issued for a definite or an indefinite term, such
7term to correspond to the term of registration plates issued
8generally, as provided in Section 3-414.1. Any person
9requesting expanded-use antique vehicle plates under this
10Section may also apply to have vanity or personalized plates as
11provided under Section 3-405.1.
12    (b) Any person who is the registered owner of an
13expanded-use antique vehicle may display a historical license
14plate from or representing the model year of the vehicle,
15furnished by such person, in lieu of the current and valid
16Illinois expanded-use antique vehicle plates issued thereto,
17provided that the valid and current Illinois expanded-use
18antique vehicle plates and registration card issued to the
19expanded-use antique vehicle are simultaneously carried within
20the vehicle and are available for inspection.
21    (c) The Secretary may credit a pro-rated portion of a fee
22previously paid for an antique vehicle registration under
23Section 3-804 to an owner who applies to have that vehicle
24registered as an expanded-use antique vehicle instead of an
25antique vehicle.
 

 

 

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1    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
2    Sec. 3-806. Registration Fees; Motor Vehicles of the First
3Division. Every owner of any other motor vehicle of the first
4division, except as provided in Sections 3-804, 3-804.01,
53-805, 3-806.3, 3-806.7, and 3-808, and every second division
6vehicle weighing 8,000 pounds or less, shall pay the Secretary
7of State an annual registration fee at the following rates:
 
8SCHEDULE OF REGISTRATION FEES
9REQUIRED BY LAW
10Beginning with the 2010 registration year
11Annual
12Fee
13Motor vehicles of the first
14division other than
15Motorcycles, Motor Driven
16Cycles and Pedalcycles$98
17Motorcycles, Motor Driven
18Cycles and Pedalcycles 38
19    Beginning with the 2010 registration year a $1 surcharge
20shall be collected in addition to the above fees for motor
21vehicles of the first division, motorcycles, motor driven
22cycles, and pedalcycles to be deposited into the State Police
23Vehicle Fund.
24    All of the proceeds of the additional fees imposed by
25Public Act 96-34 shall be deposited into the Capital Projects

 

 

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1Fund.
2(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09;
396-747, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
4    (625 ILCS 5/4-209)  (from Ch. 95 1/2, par. 4-209)
5    Sec. 4-209. Disposal of unclaimed vehicles more than 7
6years of age; disposal of abandoned or unclaimed vehicles
7without notice.
8    (a) When the identity of the registered owner, lienholder,
9or other legally entitled persons of an abandoned, lost, or
10unclaimed vehicle of 7 years of age or newer cannot be
11determined by any means provided for in this Chapter, the
12vehicle may be sold as provided in Section 4-208 without notice
13to any person whose identity cannot be determined.
14    (b) When an abandoned vehicle of more than 7 years of age
15is impounded as specified by this Chapter, or when any such
16vehicle is towed at the request or with the consent of the
17owner or operator and is subsequently abandoned, it will be
18kept in custody or storage for a minimum of 10 days for the
19purpose of determining the identity of the registered owner,
20lienholder, or other legally entitled persons and contacting
21the registered owner, lienholder, or other legally entitled
22persons by the U. S. Mail, public service or in person for a
23determination of disposition; and, an examination of the State
24Police stolen vehicle files for theft and wanted information.
25At the expiration of the 10 day period, without the benefit of

 

 

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1disposition information being received from the registered
2owner, lienholder, or other legally entitled persons, the
3vehicle may be disposed of in either of the following ways:
4        (1) The law enforcement agency having jurisdiction
5    will authorize the disposal of the vehicle as junk or
6    salvage.
7        (2) The towing service may sell the vehicle in the
8    manner provided in Section 4-208 of this Code, provided
9    that this paragraph (2) shall not apply to vehicles towed
10    by order or authorization of a law enforcement agency.
11    (c) A vehicle classified as an antique vehicle,
12expanded-use antique vehicle, custom vehicle, or street rod may
13however be sold to a person desiring to restore it.
14(Source: P.A. 92-668, eff. 1-1-03.)
 
15    (625 ILCS 5/12-205)  (from Ch. 95 1/2, par. 12-205)
16    Sec. 12-205. Lamps on other vehicles and equipment. Every
17vehicle, including animal drawn vehicles, referred to in
18paragraph (b) of Section 12-101, not specifically required by
19the provisions of this Article to be equipped with lamps or
20other lighting devices, shall at all times specified in Section
2112-201 of this Act be equipped with at least 2 lamps on the
22power or towing unit, displaying a white light visible from a
23distance of not less than 1,000 feet to the front of such
24vehicle and shall also be equipped with 2 lamps each displaying
25a red light visible from a distance of not less than 1,000 feet

 

 

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1to the rear of such vehicle.
2    Where the towed unit or any load thereon partially or
3totally obscures the 2 lamps displaying red light to the rear
4of the towing unit, the rearmost towed unit shall be equipped
5with 2 lamps displaying red light visible from a distance of
6not less than 1,000 feet to the rear of such towed unit which
7are positioned in such a manner as to not obstruct the
8visibility of the red light to any vehicle operator approaching
9from the rear of such vehicle or combination of vehicles.
10    Where the 2 lamps displaying red light are not obscured by
11the towed unit or its load, then either towing unit or towed
12unit, or both, may be equipped with the 2 lamps displaying red
13light as required.
14    The preceding paragraph does not apply to antique vehicles,
15expanded-use antique vehicles, custom vehicles, or street
16rods. An antique vehicle or expanded-use antique vehicle shall
17be equipped with lamps of the same type originally installed by
18the manufacturer as original equipment and in working order.
19(Source: P.A. 92-668, eff. 1-1-03.)
 
20    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
21    Sec. 12-208. Signal lamps and signal devices.
22    (a) Every vehicle other than an antique vehicle displaying
23an antique plate or an expanded-use antique vehicle displaying
24expanded-use antique vehicle plates operated in this State
25shall be equipped with a stop lamp or lamps on the rear of the

 

 

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1vehicle which shall display a red or amber light visible from a
2distance of not less than 500 feet to the rear in normal
3sunlight and which shall be actuated upon application of the
4service (foot) brake, and which may but need not be
5incorporated with other rear lamps. During times when lighted
6lamps are not required, an antique vehicle or an expanded-use
7antique vehicle may be equipped with a stop lamp or lamps on
8the rear of such vehicle of the same type originally installed
9by the manufacturer as original equipment and in working order.
10However, at all other times, except as provided in subsection
11(a-1), such antique vehicle or expanded-use antique vehicle
12must be equipped with stop lamps meeting the requirements of
13Section 12-208 of this Act.
14    (a-1) An antique vehicle or an expanded-use antique
15vehicle, including an antique motorcycle, may display a blue
16light or lights of up to one inch in diameter as part of the
17vehicle's rear stop lamp or lamps.
18    (b) Every motor vehicle other than an antique vehicle
19displaying an antique plate or an expanded-use antique vehicle
20displaying expanded-use antique vehicle plates shall be
21equipped with an electric turn signal device which shall
22indicate the intention of the driver to turn to the right or to
23the left in the form of flashing lights located at and showing
24to the front and rear of the vehicle on the side of the vehicle
25toward which the turn is to be made. The lamps showing to the
26front shall be mounted on the same level and as widely spaced

 

 

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1laterally as practicable and, when signaling, shall emit a
2white or amber light, or any shade of light between white and
3amber. The lamps showing to the rear shall be mounted on the
4same level and as widely spaced laterally as practicable and,
5when signaling, shall emit a red or amber light. An antique
6vehicle or expanded-use antique vehicle shall be equipped with
7a turn signal device of the same type originally installed by
8the manufacturer as original equipment and in working order.
9    (c) Every trailer and semitrailer shall be equipped with an
10electric turn signal device which indicates the intention of
11the driver in the power unit to turn to the right or to the left
12in the form of flashing red or amber lights located at the rear
13of the vehicle on the side toward which the turn is to be made
14and mounted on the same level and as widely spaced laterally as
15practicable.
16    (d) Turn signal lamps must be visible from a distance of
17not less than 300 feet in normal sunlight.
18    (e) Motorcycles and motor-driven cycles need not be
19equipped with electric turn signals. Antique vehicles and
20expanded-use antique vehicles need not be equipped with turn
21signals unless such were installed by the manufacturer as
22original equipment.
23    (f) (Blank).
24(Source: P.A. 96-487, eff. 1-1-10.)
 
25    (625 ILCS 5/12-301)  (from Ch. 95 1/2, par. 12-301)

 

 

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1    Sec. 12-301. Brakes.
2    (a) Brake equipment required.
3        1. Every motor vehicle, other than a motor-driven
4    cycle, and an antique vehicle displaying an antique plate,
5    and an expanded-use antique vehicle displaying
6    expanded-use antique vehicle plates, when operated upon a
7    highway shall be equipped with brakes adequate to control
8    the movement of and to stop and hold such vehicle,
9    including 2 separate means of applying the brakes, each of
10    which means shall be effective to apply the brakes to at
11    least one wheel on a motorcycle and at least 2 wheels on
12    all other first division and second division vehicles. If
13    these 2 separate means of applying the brakes are connected
14    in any way, they shall be so constructed that failure of
15    any one part of the operating mechanism shall not leave the
16    motor vehicle without brakes.
17        2. Every motor-driven cycle when operated upon a
18    highway shall be equipped with at least one brake which may
19    be operated by hand or foot.
20        3. Every antique vehicle shall be equipped with the
21    brakes of the same type originally installed by the
22    manufacturer as original equipment and in working order.
23        4. Except as provided in paragraph 4.1, every trailer
24    or semitrailer of a gross weight of over 3,000 pounds, when
25    operated upon a highway must be equipped with brakes
26    adequate to control the movement of, to stop and to hold

 

 

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

 

 

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1    not be equipped with brakes. However, a vehicle that is
2    more than 30 years of age and which is driven on the
3    highways only in going to and returning from an antique
4    auto show or for servicing or for a demonstration need be
5    equipped with 2 wheel brakes only.
6    (b) Performance ability of brakes.
7        1. The service brakes upon any motor vehicle or
8    combination of vehicles operating on a level surface shall
9    be adequate to stop such vehicle or vehicles when traveling
10    20 miles per hour within a distance of 30 feet when upon
11    dry asphalt or concrete pavement surface free from loose
12    material.
13        2. Under the above conditions the hand brake shall be
14    adequate to stop such vehicle or vehicles, except any
15    motorcycle, within a distance of 55 feet and the hand brake
16    shall be adequate to hold such vehicle or vehicles
17    stationary on any grade upon which operated.
18        3. Under the above conditions the service brakes upon
19    an antique vehicle or expanded-use antique vehicle shall be
20    adequate to stop the vehicle within a distance of 40 feet
21    and the hand brake adequate to stop the vehicle within a
22    distance of 55 feet.
23        4. All braking distances specified in this Section
24    apply to all vehicles mentioned, whether such vehicles are
25    unloaded or are loaded to the maximum capacity permitted
26    under this Act.

 

 

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1        5. All brakes shall be maintained in good working order
2    and shall be so adjusted as to operate as equally as
3    practicable with respect to the wheels on opposite sides of
4    the vehicle.
5        6. Brake assembly requirements for mobile homes shall
6    be the standards required by the United States Department
7    of Housing and Urban Development adopted under Title VI of
8    the Housing and Community Development Act of 1974.
9    (c) (Blank).
10(Source: P.A. 96-487, eff. 1-1-10.)
 
11    (625 ILCS 5/12-501)  (from Ch. 95 1/2, par. 12-501)
12    Sec. 12-501. Windshields and safety glazing material in
13motor vehicles.
14    (a) Every motor vehicle operated upon the highways of this
15State shall be equipped with a front windshield which complies
16with those standards as established pursuant to this Section
17and Section 12-503 of this Code. This subsection shall not
18apply to motor vehicles designed and used exclusively for
19off-highway use, motorcycles, motor-driven cycles, motorized
20pedalcycles, nor to motor vehicles registered as antique
21vehicles, expanded-use antique vehicles, custom vehicles, or
22street rods when the original design of such vehicles did not
23include front windshields.
24    (b) No person shall knowingly sell any 1936 or later model
25motor vehicle unless such vehicle is equipped with safety

 

 

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1glazing material conforming to specifications prescribed by
2the Department wherever glazing material is used in doors,
3windows and windshields. Regulations promulgated by the
4Department specifying standards for safety glazing material on
5windshields shall, as a minimum, conform with those applicable
6Federal Motor Vehicles Safety Standards (49 CFR 571.205). These
7provisions apply to all motor vehicles of the first and second
8division but with respect to trucks, including truck tractors,
9the requirements as to safety glazing material apply to all
10glazing material used in doors, windows and windshields in the
11drivers' compartments of such vehicles.
12    (c) It is unlawful for the owner or any other person
13knowingly to install or cause to be installed in any motor
14vehicle any glazing material other than safety glazing material
15conforming to the specifications prescribed by the Department.
16(Source: P.A. 92-668, eff. 1-1-03.)
 
17    (625 ILCS 5/12-608)  (from Ch. 95 1/2, par. 12-608)
18    Sec. 12-608. Bumpers.
19    (a) It shall be unlawful to operate any motor vehicle with
20a gross vehicle weight rating of 9,000 pounds or less or any
21motor vehicle registered as a recreational vehicle under this
22Code on any highway of this State unless such motor vehicle is
23equipped with both a front and rear bumper.
24    Except as indicated below, maximum bumper heights of such
25motor vehicles shall be determined by weight category of gross

 

 

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1vehicle weight rating (GVWR) measured from a level surface to
2the highest point of the bottom of the bumper when the vehicle
3is unloaded and the tires are inflated to the manufacturer's
4recommended pressure.
5    Maximum bumper heights are as follows:
6Maximum FrontMaximum Rear
7Bumper heightBumper Height
8All motor vehicles of the first
9    division except multipurpose
10    passenger vehicles:22 inches22 inches
11Multipurpose passenger vehicles
12and all other motor vehicles:
13    4,500 lbs. and under GVWR24 inches26 inches
14    4,501 lbs. through 7,500
15    lbs. GVWR27 inches29 inches
16    7,501 lbs. through 9,000
17    lbs. GVWR28 inches30 inches
18    It is unlawful to operate upon any highway of this State
19any vehicle with a front bumper height that exceeds 28 inches
20or a rear bumper height that exceeds 30 inches, regardless of
21the GVWR of the vehicle, except those vehicles covered by
22Chapter 18b of this Code.
23    For any vehicle with bumpers or attaching components which
24have been modified or altered from the original manufacturer's
25design in order to conform with the maximum bumper requirements
26of this section, the bumper height shall be measured from a

 

 

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1level surface to the bottom of the vehicle frame rail at the
2most forward and rearward points of the frame rail. The bumper
3on any vehicle so modified or altered shall be at least 4.5
4inches in vertical height and extend no less than the width of
5the respective wheel tracks outermost distance.
6    However, nothing in this Section shall prevent the
7installation of bumper guards.
8    (b) This Section shall not apply to street rods, custom
9vehicles, motor vehicles designed or modified primarily for
10off-highway purposes while such vehicles are in tow or to
11motorcycles or motor driven cycles, nor to motor vehicles
12registered as antique vehicles or expanded-use antique
13vehicles when the original design of such antique vehicles or
14expanded-use antique vehicles did not include bumpers. The
15provisions of this Section shall not apply to any motor vehicle
16driven during the first 1000 recorded miles of that vehicle,
17when such vehicle is owned or operated by a manufacturer,
18dealer or transporter displaying a special plate or plates as
19described in Chapter 3 of this Code while such vehicle is (1)
20being delivered from the manufacturing or assembly plant
21directly to the purchasing dealer or distributor, or from one
22dealership or distributor to another; (2) being moved by the
23most direct route from one location to another for the purpose
24of installing special bodies or equipment; or (3) being driven
25for purposes of demonstration by a prospective buyer with the
26dealer or his agent present in the cab of the vehicle during

 

 

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1the demonstration.
2    The dealer shall, prior to the receipt of any deposit made
3or any contract signed by the buyer to secure the purchase of a
4vehicle, inform such buyer, by written statement signed by the
5purchaser to indicate acknowledgement of the contents thereof,
6of the legal requirements of this Section regarding front and
7rear bumpers if such vehicle is not to be equipped with bumpers
8at the time of delivery.
9    (c) Any violation of this Section is a Class C misdemeanor.
10A second conviction under this Section shall be punishable with
11a fine of not less than $500. An officer making an arrest under
12this Section shall order the vehicle driver to remove the
13vehicle from the highway. A person convicted under this Section
14shall be ordered to bring his vehicle into compliance with this
15Section.
16(Source: P.A. 92-668, eff. 1-1-03; 93-702, eff. 7-9-04.)
 
17    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
18    Sec. 13-101. Submission to safety test; Certificate of
19safety. To promote the safety of the general public, every
20owner of a second division vehicle, medical transport vehicle,
21tow truck, or contract carrier transporting employees in the
22course of their employment on a highway of this State in a
23vehicle designed to carry 15 or fewer passengers shall, before
24operating the vehicle upon the highways of Illinois, submit it
25to a "safety test" and secure a certificate of safety furnished

 

 

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1by the Department as set forth in Section 13-109. Each second
2division motor vehicle that pulls or draws a trailer,
3semitrailer or pole trailer, with a gross weight of more than
48,000 lbs or is registered for a gross weight of more than
58,000 lbs, motor bus, religious organization bus, school bus,
6senior citizen transportation vehicle, and limousine shall be
7subject to inspection by the Department and the Department is
8authorized to establish rules and regulations for the
9implementation of such inspections.
10    The owners of each salvage vehicle shall submit it to a
11"safety test" and secure a certificate of safety furnished by
12the Department prior to its salvage vehicle inspection pursuant
13to Section 3-308 of this Code. In implementing and enforcing
14the provisions of this Section, the Department and other
15authorized State agencies shall do so in a manner that is not
16inconsistent with any applicable federal law or regulation so
17that no federal funding or support is jeopardized by the
18enactment or application of these provisions.
19    However, none of the provisions of Chapter 13 requiring
20safety tests or a certificate of safety shall apply to:
21        (a) farm tractors, machinery and implements, wagons,
22    wagon-trailers or like farm vehicles used primarily in
23    agricultural pursuits;
24        (b) vehicles other than school buses, tow trucks and
25    medical transport vehicles owned or operated by a municipal
26    corporation or political subdivision having a population

 

 

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1    of 1,000,000 or more inhabitants and which are subject to
2    safety tests imposed by local ordinance or resolution;
3        (c) a semitrailer or trailer having a gross weight of
4    5,000 pounds or less including vehicle weight and maximum
5    load;
6        (d) recreational vehicles;
7        (e) vehicles registered as and displaying Illinois
8    antique vehicle plates and vehicles registered as
9    expanded-use antique vehicles and displaying expanded-use
10    antique vehicle plates;
11        (f) house trailers equipped and used for living
12    quarters;
13        (g) vehicles registered as and displaying Illinois
14    permanently mounted equipment plates or similar vehicles
15    eligible therefor but registered as governmental vehicles
16    provided that if said vehicle is reclassified from a
17    permanently mounted equipment plate so as to lose the
18    exemption of not requiring a certificate of safety, such
19    vehicle must be safety tested within 30 days of the
20    reclassification;
21        (h) vehicles owned or operated by a manufacturer,
22    dealer or transporter displaying a special plate or plates
23    as described in Chapter 3 of this Code while such vehicle
24    is being delivered from the manufacturing or assembly plant
25    directly to the purchasing dealership or distributor, or
26    being temporarily road driven for quality control testing,

 

 

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1    or from one dealer or distributor to another, or are being
2    moved by the most direct route from one location to another
3    for the purpose of installing special bodies or equipment,
4    or driven for purposes of demonstration by a prospective
5    buyer with the dealer or his agent present in the cab of
6    the vehicle during the demonstration;
7        (i) pole trailers and auxiliary axles;
8        (j) special mobile equipment;
9        (k) vehicles properly registered in another State
10    pursuant to law and displaying a valid registration plate,
11    except vehicles of contract carriers transporting
12    employees in the course of their employment on a highway of
13    this State in a vehicle designed to carry 15 or fewer
14    passengers are only exempted to the extent that the safety
15    testing requirements applicable to such vehicles in the
16    state of registration are no less stringent than the safety
17    testing requirements applicable to contract carriers that
18    are lawfully registered in Illinois;
19        (l) water-well boring apparatuses or rigs;
20        (m) any vehicle which is owned and operated by the
21    federal government and externally displays evidence of
22    such ownership; and
23        (n) second division vehicles registered for a gross
24    weight of 8,000 pounds or less, except when such second
25    division motor vehicles pull or draw a trailer,
26    semi-trailer or pole trailer having a gross weight of or

 

 

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1    registered for a gross weight of more than 8,000 pounds;
2    motor buses; religious organization buses; school buses;
3    senior citizen transportation vehicles; medical transport
4    vehicles and tow trucks.
5    The safety test shall include the testing and inspection of
6brakes, lights, horns, reflectors, rear vision mirrors,
7mufflers, safety chains, windshields and windshield wipers,
8warning flags and flares, frame, axle, cab and body, or cab or
9body, wheels, steering apparatus, and other safety devices and
10appliances required by this Code and such other safety tests as
11the Department may by rule or regulation require, for second
12division vehicles, school buses, medical transport vehicles,
13tow trucks, vehicles designed to carry 15 or fewer passengers
14operated by a contract carrier transporting employees in the
15course of their employment on a highway of this State,
16trailers, and semitrailers subject to inspection.
17    For tow trucks, the safety test and inspection shall also
18include the inspection of winch mountings, body panels, body
19mounts, wheel lift swivel points, and sling straps, and other
20tests and inspections the Department by rule requires for tow
21trucks.
22    For trucks, truck tractors, trailers, semi-trailers, and
23buses, the safety test shall be conducted in accordance with
24the Minimum Periodic Inspection Standards promulgated by the
25Federal Highway Administration of the U.S. Department of
26Transportation and contained in Appendix G to Subchapter B of

 

 

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1Chapter III of Title 49 of the Code of Federal Regulations.
2Those standards, as now in effect, are made a part of this
3Code, in the same manner as though they were set out in full in
4this Code.
5    The passing of the safety test shall not be a bar at any
6time to prosecution for operating a second division vehicle,
7medical transport vehicle, or vehicle designed to carry 15 or
8fewer passengers operated by a contract carrier as provided in
9this Section which is unsafe as determined by the standards
10prescribed in this Code.
11(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)
 
12    (625 ILCS 5/13C-15)
13    Sec. 13C-15. Inspections.
14    (a) Computer-Matched Inspections and Notification.
15        (1) The provisions of this subsection (a) are operative
16    until the implementation of the registration denial
17    inspection and notification mechanisms required by
18    subsection (b). Beginning with the implementation of the
19    program required by this Chapter, every motor vehicle that
20    is owned by a resident of an affected county, other than a
21    vehicle that is exempt under paragraph (a)(6) or (a)(7), is
22    subject to inspection under the program.
23        The Agency shall send notice of the assigned inspection
24    month, at least 15 days before the beginning of the
25    assigned month, to the owner of each vehicle subject to the

 

 

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1    program. An initial emission inspection sticker or initial
2    inspection certificate, as the case may be, expires on the
3    last day of the third month following the month assigned by
4    the Agency for the first inspection of the vehicle. A
5    renewal inspection sticker or certificate expires on the
6    last day of the third month following the month assigned
7    for inspection in the year in which the vehicle's next
8    inspection is required.
9        The Agency or its agent may issue an interim emission
10    inspection sticker or certificate for any vehicle subject
11    to inspection that does not have a currently valid emission
12    inspection sticker or certificate at the time the Agency is
13    notified by the Secretary of State of its registration by a
14    new owner, and for which an initial emission inspection
15    sticker or certificate has already been issued. An interim
16    emission inspection sticker or certificate expires no
17    later than the last day of the sixth complete calendar
18    month after the date the Agency issued the interim emission
19    inspection sticker or certificate.
20        The owner of each vehicle subject to inspection shall
21    obtain an emission inspection sticker or certificate for
22    the vehicle in accordance with this paragraph (1). Before
23    the expiration of the emission inspection sticker or
24    certificate, the owner shall have the vehicle inspected
25    and, upon demonstration of compliance, obtain a renewal
26    emission inspection sticker or certificate. A renewal

 

 

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1    emission inspection sticker or certificate shall not be
2    issued more than 5 months before the expiration date of the
3    previous inspection sticker or certificate.
4        (2) Except as provided in paragraph (a)(3), vehicles
5    shall be inspected every 2 years on a schedule that begins
6    either in the second, fourth, or later calendar year after
7    the vehicle model year. The beginning test schedule shall
8    be set by the Agency and shall be consistent with the
9    State's requirements for emission reductions as determined
10    by the applicable United States Environmental Protection
11    Agency vehicle emissions estimation model and applicable
12    guidance and rules.
13        (3) A vehicle may be inspected at a time outside of its
14    normal 2-year inspection schedule, if (i) the vehicle was
15    acquired by a new owner and (ii) the vehicle was required
16    to be in compliance with this Act at the time the vehicle
17    was acquired by the new owner, but it was not then in
18    compliance.
19        (4) The owner of a vehicle subject to inspection shall
20    have the vehicle inspected and shall obtain and display on
21    the vehicle or carry within the vehicle, in a manner
22    specified by the Agency, a valid unexpired emission
23    inspection sticker or certificate in the manner specified
24    by the Agency. A person who violates this paragraph (4) is
25    guilty of a petty offense, except that a third or
26    subsequent violation within one year of the first violation

 

 

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1    is a Class C misdemeanor. The fine imposed for a violation
2    of this paragraph (4) shall be not less than $50 if the
3    violation occurred within 60 days following the date by
4    which a new or renewal emission inspection sticker or
5    certificate was required to be obtained for the vehicle,
6    and not less than $300 if the violation occurred more than
7    60 days after that date.
8        (5) For a $20 fee, to be paid into the Vehicle
9    Inspection Fund, the Agency may inspect:
10            (A) A vehicle registered in and subject to the
11        emission inspections requirements of another state.
12            (B) A vehicle presented for inspection on a
13        voluntary basis.
14        Any fees collected under this paragraph (5) shall not
15    offset Motor Fuel Tax Funds normally appropriated for the
16    program.
17        (6) The following vehicles are not subject to
18    inspection:
19            (A) Vehicles not subject to registration under
20        Article IV of Chapter 3 of this Code, other than
21        vehicles owned by the federal government.
22            (B) Motorcycles, motor driven cycles, and
23        motorized pedalcycles.
24            (C) Farm vehicles and implements of husbandry.
25            (D) Implements of warfare owned by the State or
26        federal government.

 

 

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1            (E) Antique vehicles, expanded-use antique
2        vehicles, custom vehicles, street rods, and vehicles
3        of model year 1967 or before.
4            (F) Vehicles operated exclusively for parade or
5        ceremonial purposes by any veterans, fraternal, or
6        civic organization, organized on a not-for-profit
7        basis.
8            (G) Vehicles for which the Secretary of State,
9        under Section 3-117 of this Code, has issued a Junking
10        Certificate.
11            (H) Diesel powered vehicles and vehicles that are
12        powered exclusively by electricity.
13            (I) Vehicles operated exclusively in organized
14        amateur or professional sporting activities, as
15        defined in Section 3.310 of the Environmental
16        Protection Act.
17            (J) Vehicles registered in, subject to, and in
18        compliance with the emission inspection requirements
19        of another state.
20            (K) Vehicles participating in an OBD continuous
21        monitoring program operated in accordance with
22        procedures adopted by the Agency.
23            (L) Vehicles of model year 1995 or earlier that do
24        not have an expired emissions test sticker or
25        certificate on February 1, 2007.
26        The Agency may issue temporary or permanent exemption

 

 

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1    stickers or certificates for vehicles temporarily or
2    permanently exempt from inspection under this paragraph
3    (6). An exemption sticker or certificate does not need to
4    be displayed.
5        (7) According to criteria that the Agency may adopt, a
6    motor vehicle may be exempted from the inspection
7    requirements of this Section by the Agency on the basis of
8    an Agency determination that the vehicle is located and
9    primarily used outside of the affected counties or in other
10    jurisdictions where vehicle emission inspections are not
11    required. The Agency may issue an annual exemption sticker
12    or certificate without inspection for any vehicle exempted
13    from inspection under this paragraph (7).
14        (8) Any owner or lessee of a fleet of 15 or more motor
15    vehicles that are subject to inspection under this Section
16    may apply to the Agency for a permit to establish and
17    operate a private official inspection station in
18    accordance with rules adopted by the Agency.
19        (9) Pursuant to Title 40, Section 51.371 of the Code of
20    Federal Regulations, the Agency may establish a program of
21    on-road testing of in-use vehicles through the use of
22    remote sensing devices. In any such program, the Agency
23    shall evaluate the emission performance of 0.5% of the
24    subject fleet or 20,000 vehicles, whichever is less. Under
25    no circumstances shall on-road testing include any sort of
26    roadblock or roadside pullover or cause any type of traffic

 

 

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1    delay. If, during the course of an on-road inspection, a
2    vehicle is found to exceed the on-road emissions standards
3    established for the model year and type of vehicle, the
4    Agency shall send a notice to the vehicle owner. The notice
5    shall document the occurrence and the results of the
6    on-road exceedance. The notice of a second on-road
7    exceedance shall indicate that the vehicle has been
8    reassigned and is subject to an out-of-cycle follow-up
9    inspection at an official inspection station. In no case
10    shall the Agency send a notice of an on-road exceedance to
11    the owner of a vehicle that was found to exceed the on-road
12    emission standards established for the model year and type
13    of vehicle, if the vehicle is registered outside of the
14    affected counties.
15    (b) Registration Denial Inspection and Notification.
16        (1) No later than January 1, 2008, every motor vehicle
17    that is owned by a resident of an affected county, other
18    than a vehicle that is exempt under paragraph (b)(8) or
19    (b)(9), is subject to inspection under the program.
20        The owner of a vehicle subject to inspection shall have
21    the vehicle inspected and obtain proof of compliance from
22    the Agency in order to obtain or renew a vehicle
23    registration for a subject vehicle.
24        The Secretary of State shall notify the owner of a
25    vehicle subject to inspection of the requirement to have
26    the vehicle tested at least 30 days prior to the beginning

 

 

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1    of the month in which the vehicle's registration is due to
2    expire. Notwithstanding the preceding, vehicles with
3    permanent registration plates shall be notified at least 30
4    days prior to the month corresponding to the date the
5    vehicle was originally registered. This notification shall
6    clearly state the vehicle's test status, based upon the
7    vehicle type, model year and registration address.
8        The owner of each vehicle subject to inspection shall
9    have the vehicle inspected and, upon demonstration of
10    compliance, obtain an emissions compliance certificate for
11    the vehicle.
12        (2) Except as provided in paragraphs (b)(3), (b)(4),
13    and (b)(5), vehicles shall be inspected every 2 years on a
14    schedule that begins in the fourth calendar year after the
15    vehicle model year. Even model year vehicles shall be
16    inspected and comply in order to renew registrations
17    expiring in even calendar years and odd model year vehicles
18    shall be inspected and comply in order to renew
19    registrations expiring in odd calendar years.
20        (3) A vehicle shall be inspected and comply at a time
21    outside of its normal 2-year inspection schedule if (i) the
22    vehicle was acquired by a new owner and (ii) the vehicle
23    had not been issued a Compliance Certificate within one
24    year of the date of application for the title or
25    registration, or both, for the vehicle.
26        (4) Vehicles with 2-year registrations shall be

 

 

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1    inspected every 2 years at the time of registration
2    issuance or renewal on a schedule that begins in the fourth
3    year after the vehicle model year.
4        (5) Vehicles with permanent vehicle registration
5    plates shall be inspected every 2 years on a schedule that
6    begins in the fourth calendar year after the vehicle model
7    year in the month corresponding to the date the vehicle was
8    originally registered. Even model year vehicles shall be
9    inspected and comply in even calendar years, and odd model
10    year vehicles shall be inspected and comply in odd calendar
11    years.
12        (6) The Agency and the Secretary of State shall
13    endeavor to ensure a smooth transition from test scheduling
14    from the provisions of subsection (a) to subsection (b).
15    Passing tests and waivers issued prior to the
16    implementation of this subsection (b) may be utilized to
17    establish compliance for a period of one year from the date
18    of the emissions or waiver inspection.
19        (7) For a $20 fee, to be paid into the Vehicle
20    Inspection Fund, the Agency may inspect:
21            (A) A vehicle registered in and subject to the
22        emissions inspections requirements of another state.
23            (B) A vehicle presented for inspection on a
24        voluntary basis.
25        Any fees collected under this paragraph (7) shall not
26    offset Motor Fuel Tax Funds normally appropriated for the

 

 

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1    program.
2        (8) The following vehicles are not subject to
3    inspection:
4            (A) Vehicles not subject to registration under
5        Article IV of Chapter 3 of this Code, other than
6        vehicles owned by the federal government.
7            (B) Motorcycles, motor driven cycles, and
8        motorized pedalcycles.
9            (C) Farm vehicles and implements of husbandry.
10            (D) Implements of warfare owned by the State or
11        federal government.
12            (E) Antique vehicles, expanded-use antique
13        vehicles, custom vehicles, street rods, and vehicles
14        of model year 1967 or before.
15            (F) Vehicles operated exclusively for parade or
16        ceremonial purposes by any veterans, fraternal, or
17        civic organization, organized on a not-for-profit
18        basis.
19            (G) Vehicles for which the Secretary of State,
20        under Section 3-117 of this Code, has issued a Junking
21        Certificate.
22            (H) Diesel powered vehicles and vehicles that are
23        powered exclusively by electricity.
24            (I) Vehicles operated exclusively in organized
25        amateur or professional sporting activities, as
26        defined in Section 3.310 of the Environmental

 

 

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1        Protection Act.
2            (J) Vehicles registered in, subject to, and in
3        compliance with the emission inspection requirements
4        of another state.
5            (K) Vehicles participating in an OBD continuous
6        monitoring program operated in accordance with
7        procedures adopted by the Agency.
8            (L) Vehicles of model year 1995 or earlier that do
9        not have an expired emissions test sticker or
10        certificate on February 1, 2007.
11        The Agency may issue temporary or permanent exemption
12    certificates for vehicles temporarily or permanently
13    exempt from inspection under this paragraph (8). An
14    exemption sticker or certificate does not need to be
15    displayed.
16        (9) According to criteria that the Agency may adopt, a
17    motor vehicle may be exempted from the inspection
18    requirements of this Section by the Agency on the basis of
19    an Agency determination that the vehicle is located and
20    primarily used outside of the affected counties or in other
21    jurisdictions where vehicle emissions inspections are not
22    required. The Agency may issue an annual exemption
23    certificate without inspection for any vehicle exempted
24    from inspection under this paragraph (9).
25        (10) Any owner or lessee of a fleet of 15 or more motor
26    vehicles that are subject to inspection under this Section

 

 

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1    may apply to the Agency for a permit to establish and
2    operate a private official inspection station in
3    accordance with rules adopted by the Agency.
4        (11) Pursuant to Title 40, Section 51.371 of the Code
5    of Federal Regulations, the Agency may establish a program
6    of on-road testing of in-use vehicles through the use of
7    remote sensing devices. In any such program, the Agency
8    shall evaluate the emission performance of 0.5% of the
9    subject fleet or 20,000 vehicles, whichever is less. Under
10    no circumstances shall on-road testing include any sort of
11    roadblock or roadside pullover or cause any type of traffic
12    delay. If, during the course of an on-road inspection, a
13    vehicle is found to exceed the on-road emissions standards
14    established for the model year and type of vehicle, the
15    Agency shall send a notice to the vehicle owner. The notice
16    shall document the occurrence and the results of the
17    on-road exceedance. The notice of a second on-road
18    exceedance shall indicate that the vehicle has been
19    reassigned and is subject to an out-of-cycle follow-up
20    inspection at an official inspection station. In no case
21    shall the Agency send a notice of an on-road exceedance to
22    the owner of a vehicle that was found to exceed the on-road
23    emissions standards established for the model year and type
24    of vehicle, if the vehicle is registered outside of the
25    affected counties.
26(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 

 

 

HB3256 Engrossed- 37 -LRB097 08071 HEP 48194 b

1    Section 99. Effective date. This Act takes effect January
21, 2012.