093_HB0313ren

HB0313 Re-Enrolled                   LRB093 03742 DRH 03775 b

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Section 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
 8    safety.   To  promote the safety of the general public, every
 9    owner  of  a  second  division  vehicle,  medical   transport
10    vehicle,   tow   truck,   or  contract  carrier  transporting
11    employees in the course of their employment on a  highway  of
12    this  State  in  a  vehicle  designed  to  carry  15 or fewer
13    passengers shall,  before  operating  the  vehicle  upon  the
14    highways of Illinois, submit it to a "safety test" and secure
15    a  certificate  of  safety furnished by the Department as set
16    forth in Section 13-109. Each second division  motor  vehicle
17    that  pulls  or draws a trailer, semitrailer or pole trailer,
18    with a gross weight of more than 8,000 lbs or  is  registered
19    for  a  gross  weight  of  more  than  8,000  lbs, motor bus,
20    religious  organization  bus,  school  bus,  senior   citizen
21    transportation  vehicle,  and  limousine  shall be subject to
22    inspection by the Department and the Department is authorized
23    to establish rules and regulations for the  implementation of
24    such inspections.
25        The owners of each salvage vehicle shall submit it  to  a
26    "safety test" and secure a certificate of safety furnished by
27    the  Department  prior  to  its  salvage  vehicle  inspection
28    pursuant  to  Section 3-308 of this Code. In implementing and
29    enforcing the provisions of this Section, the Department  and
30    other  authorized State agencies shall do so in a manner that
31    is not  inconsistent  with  any  applicable  federal  law  or
 
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 1    regulation   so   that  no  federal  funding  or  support  is
 2    jeopardized  by  the  enactment  or  application   of   these
 3    provisions.
 4        However,  none  of the provisions of Chapter 13 requiring
 5    safety tests or a certificate of safety shall apply to:
 6             (a)  farm  tractors,   machinery   and   implements,
 7        wagons,   wagon-trailers   or  like  farm  vehicles  used
 8        primarily in agricultural pursuits;
 9             (b)  vehicles other than school  buses,  tow  trucks
10        and  medical  transport  vehicles  owned or operated by a
11        municipal corporation or political subdivision  having  a
12        population of 1,000,000 or more inhabitants and which are
13        subject  to  safety  tests  imposed by local ordinance or
14        resolution;
15             (c)  a semitrailer or trailer having a gross  weight
16        of  5,000  pounds  or  less  including vehicle weight and
17        maximum load;
18             (d)  recreational vehicles;
19             (e)  vehicles registered as and displaying  Illinois
20        antique vehicle plates;
21             (f)  house  trailers  equipped  and  used for living
22        quarters;
23             (g)  vehicles registered as and displaying  Illinois
24        permanently  mounted equipment plates or similar vehicles
25        eligible therefor but registered as governmental vehicles
26        provided that if said  vehicle  is  reclassified  from  a
27        permanently  mounted  equipment  plate  so as to lose the
28        exemption of not requiring a certificate of safety,  such
29        vehicle  must  be  safety  tested  within  30 days of the
30        reclassification;
31             (h)  vehicles owned or operated by  a  manufacturer,
32        dealer  or  transporter  displaying  a  special  plate or
33        plates as described in Chapter 3 of this Code while  such
34        vehicle  is  being  delivered  from  the manufacturing or
 
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 1        assembly plant directly to the purchasing  dealership  or
 2        distributor, or being temporarily road driven for quality
 3        control  testing,  or  from  one dealer or distributor to
 4        another, or are being moved by the most direct route from
 5        one location to another for  the  purpose  of  installing
 6        special  bodies  or  equipment, or driven for purposes of
 7        demonstration by a prospective buyer with the  dealer  or
 8        his  agent  present  in the cab of the vehicle during the
 9        demonstration;
10             (i)  pole trailers and auxiliary axles;
11             (j)  special mobile equipment;
12             (k)  vehicles properly registered in  another  State
13        pursuant  to  law  and  displaying  a  valid registration
14        plate, except vehicles of contract carriers  transporting
15        employees  in the course of their employment on a highway
16        of this State in a vehicle designed to carry 15 or  fewer
17        passengers  are  only  exempted  to  the  extent that the
18        safety testing requirements applicable to  such  vehicles
19        in  the  state of registration are no less stringent than
20        the safety testing requirements  applicable  to  contract
21        carriers that are lawfully registered in Illinois;
22             (l)  water-well boring apparatuses or rigs;
23             (m)  any  vehicle which is owned and operated by the
24        federal government and externally  displays  evidence  of
25        such ownership; and
26             (n)  second division vehicles registered for a gross
27        weight  of  8,000 pounds or less, except when such second
28        division  motor  vehicles  pull  or   draw   a   trailer,
29        semi-trailer  or pole trailer having a gross weight of or
30        registered for a gross weight of more than 8,000  pounds;
31        motor  buses; religious organization buses; school buses;
32        senior citizen transportation vehicles; medical transport
33        vehicles and tow trucks.
34        The safety test shall include the testing and  inspection
 
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 1    of  brakes,  lights,  horns, reflectors, rear vision mirrors,
 2    mufflers, safety chains, windshields and  windshield  wipers,
 3    warning  flags  and flares, frame, axle, cab and body, or cab
 4    or body, wheels, steering apparatus, and other safety devices
 5    and appliances required by this Code and  such  other  safety
 6    tests  as  the  Department may by rule or regulation require,
 7    for second division vehicles, school buses, medical transport
 8    vehicles, tow trucks, vehicles designed to carry 15 or  fewer
 9    passengers   operated  by  a  contract  carrier  transporting
10    employees in the course of their employment on a  highway  of
11    this State, trailers, and semitrailers subject to inspection.
12        For tow trucks, the safety test and inspection shall also
13    include  the inspection of winch mountings, body panels, body
14    mounts, wheel lift swivel points, and sling straps, and other
15    tests and inspections the Department by rule requires for tow
16    trucks.
17        For trucks, truck tractors, trailers, semi-trailers,  and
18    buses,  the safety test shall be conducted in accordance with
19    the Minimum Periodic Inspection Standards promulgated by  the
20    Federal  Highway  Administration  of  the  U.S. Department of
21    Transportation and contained in Appendix G to Subchapter B of
22    Chapter III of Title 49 of the Code of  Federal  Regulations.
23    Those  standards,  as  now in effect, are made a part of this
24    Code, in the same manner as though they were set out in  full
25    in this Code.
26        The  passing of the safety test shall not be a bar at any
27    time to prosecution for operating a second division  vehicle,
28    medical transport vehicle, or vehicle designed to carry 15 or
29    fewer  passengers  operated by a contract carrier as provided
30    in  this  Section  which  is  unsafe  as  determined  by  the
31    standards prescribed in this Code.
32    (Source: P.A. 92-108, eff. 1-1-02.)