Bill Text: IL HB1093 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Modifies the definitions of "malfunction indicator lamp" and "on-board diagnostic system". Makes changes in the categories of vehicles that are subject to vehicle emissions inspection requirements. Deletes provisions permitting the substitution of a steady-state idle exhaust gas analysis and evaporative system integrity test for the on-board diagnostic system test. Adds a provision permitting the substitution of a visual inspection test for the on-board diagnostic test in certain cases. Effective February 1, 2012.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0106 [HB1093 Detail]

Download: Illinois-2011-HB1093-Chaptered.html

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Public Act 097-0106
HB1093 Enrolled LRB097 05222 HEP 45272 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 13C-5, 13C-15, and 13C-25 as follows:
(625 ILCS 5/13C-5)
Sec. 13C-5. Definitions. For the purposes of this Chapter:
"Affected counties" means Cook County; DuPage County; Lake
County; those parts of Kane County that are not included within
any of the following ZIP code areas, as designated by the U.S.
Postal Service on the effective date of this amendatory Act of
the 94th General Assembly: 60109, 60119, 60135, 60140, 60142,
60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545,
and 60554; those parts of Kendall County that are not included
within any of the following ZIP code areas, as designated by
the U.S. Postal Service on the effective date of this
amendatory Act of the 94th General Assembly: 60447, 60450,
60512, 60536, 60537, 60541, those parts of 60543 that are not
within the census defined urbanized area, 60545, 60548, and
60560; those parts of McHenry County that are not included
within any of the following ZIP code areas, as designated by
the U.S. Postal Service on the effective date of this
amendatory Act of the 94th General Assembly: 60001, 60033,

60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and
60180; those parts of Will County that are not included within
any of the following ZIP code areas, as designated by the U.S.
Postal Service on the effective date of this amendatory Act of
the 94th General Assembly: 60401, 60407, 60408, 60410, 60416,
60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950;
those parts of Madison County that are not included within any
of the following ZIP code areas, as designated by the U.S.
Postal Service on the effective date of this amendatory Act of
the 94th General Assembly: 62001, 62012, 62021, 62026, 62046,
62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275,
62281, and 62293; those parts of Monroe County that are not
included within any of the following ZIP code areas, as
designated by the U.S. Postal Service on the effective date of
this amendatory Act of the 94th General Assembly: 62244, 62248,
62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and
62298; and those parts of St. Clair County that are not
included within any of the following ZIP code areas, as
designated by the U.S. Postal Service on the effective date of
this amendatory Act of the 94th General Assembly: 62224, 62243,
62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269,
62278, 62282, 62285, 62289, 62293, and 62298.
"Board" means the Illinois Pollution Control Board.
"Claim evaluation center" means an automotive diagnostic
facility that meets the standards prescribed by the Agency for
performing examinations of vehicle emissions inspection damage

claims.
"Contractor" means the vehicle emissions test contractor
for official inspection stations described in Section 13C-45.
"Diagnostic code" means a code stored in a vehicle's
on-board diagnostic computer to indicate the occurrence of an
emissions-related condition or malfunction.
"Inspection area" means Cook County, DuPage County, Lake
County, and those portions of Kane, Kendall, Madison, McHenry,
Monroe, Will, and St. Clair Counties included in the definition
of "affected counties".
"Malfunction indicator lamp" or "MIL" means a dashboard
lamp designed to illuminate to alert the driver to the
occurrence of a problem or condition resulting in excessive
emissions.
"On-board diagnostic system" or "OBD system" means the
computer-based system built into a vehicle all 1996 and newer
light-duty vehicles and trucks, as required by the federal
Clean Air Act Amendments of 1990, that is designed to monitor
the performance of major engine and emissions controls, to
alert the operator to emissions-related malfunctions, and to
store diagnostic codes and other vehicle operating information
useful in repairing the vehicle.
"Official inspection station" means a structure or
physical location where the Agency has authorized vehicle
emissions testing to be conducted.
"Owner" means the registered owner of the vehicle, as

indicated on the vehicle's registration. In the case of an
unregistered vehicle, "owner" has the meaning set forth in
Section 1-155 of this Code.
"Program" means the vehicle emission inspection program
established under this Chapter.
"Readiness status" means an indication of whether a
vehicle's on-board diagnostic system has completed a periodic
check of the performance of a monitored system or component.
"Resident" includes natural persons, foreign and domestic
corporations, partnerships, associations, and all other
commercial and governmental entities. For the purpose of
determining residence, the owner of a vehicle shall be presumed
to reside at the address indicated on the vehicle's
registration. A governmental entity, including the federal
government and its agencies, and any unit of local government
or school district, any part of which is located within an
affected county, shall be deemed a resident of an affected
county for the purpose of any vehicle that is owned by the
governmental entity and regularly operated in an affected
county.
"Registration" of a vehicle means its registration under
Article IV of Chapter 3 of this Code.
"Vehicle age" means the numerical difference between the
current calendar year and the vehicle model year.
(Source: P.A. 94-526, eff. 1-1-06.)

(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections.
(a) Computer-Matched Inspections and Notification.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
inspection and notification mechanisms required by
subsection (b). Beginning with the implementation of the
program required by this Chapter, every motor vehicle that
is owned by a resident of an affected county, other than a
vehicle that is exempt under paragraph (a)(6) or (a)(7), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the
assigned month, to the owner of each vehicle subject to the
program. An initial emission inspection sticker or initial
inspection certificate, as the case may be, expires on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. A
renewal inspection sticker or certificate expires on the
last day of the third month following the month assigned
for inspection in the year in which the vehicle's next
inspection is required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject
to inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is

notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. An interim
emission inspection sticker or certificate expires no
later than the last day of the sixth complete calendar
month after the date the Agency issued the interim emission
inspection sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for
the vehicle in accordance with this paragraph (1). Before
the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected
and, upon demonstration of compliance, obtain a renewal
emission inspection sticker or certificate. A renewal
emission inspection sticker or certificate shall not be
issued more than 5 months before the expiration date of the
previous inspection sticker or certificate.
(2) Except as provided in paragraph (a)(3), vehicles
shall be inspected every 2 years on a schedule that begins
either in the second, fourth, or later calendar year after
the vehicle model year. The beginning test schedule shall
be set by the Agency and shall be consistent with the
State's requirements for emission reductions as determined
by the applicable United States Environmental Protection
Agency vehicle emissions estimation model and applicable
guidance and rules.

(3) A vehicle may be inspected at a time outside of its
normal 2-year inspection schedule, if (i) the vehicle was
acquired by a new owner and (ii) the vehicle was required
to be in compliance with this Act at the time the vehicle
was acquired by the new owner, but it was not then in
compliance.
(4) The owner of a vehicle subject to inspection shall
have the vehicle inspected and shall obtain and display on
the vehicle or carry within the vehicle, in a manner
specified by the Agency, a valid unexpired emission
inspection sticker or certificate in the manner specified
by the Agency. A person who violates this paragraph (4) is
guilty of a petty offense, except that a third or
subsequent violation within one year of the first violation
is a Class C misdemeanor. The fine imposed for a violation
of this paragraph (4) shall be not less than $50 if the
violation occurred within 60 days following the date by
which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle,
and not less than $300 if the violation occurred more than
60 days after that date.
(5) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emission inspections requirements of another state.
(B) A vehicle presented for inspection on a

voluntary basis.
Any fees collected under this paragraph (5) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(6) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, custom vehicles, street
rods, and vehicles of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized

amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this paragraph
(6). An exemption sticker or certificate does not need to
be displayed.
(7) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emission inspections are not
required. The Agency may issue an annual exemption sticker
or certificate without inspection for any vehicle exempted
from inspection under this paragraph (7).

(8) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(9) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency may establish a program of
on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emission standards established for the model year and type
of vehicle, if the vehicle is registered outside of the

affected counties.
(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor vehicle
that is owned by a resident of an affected county, other
than a vehicle that is exempt under paragraph (b)(8) or
(b)(9), is subject to inspection under the program.
The owner of a vehicle subject to inspection shall have
the vehicle inspected and obtain proof of compliance from
the Agency in order to obtain or renew a vehicle
registration for a subject vehicle.
The Secretary of State shall notify the owner of a
vehicle subject to inspection of the requirement to have
the vehicle tested at least 30 days prior to the beginning
of the month in which the vehicle's registration is due to
expire. Notwithstanding the preceding, vehicles with
permanent registration plates shall be notified at least 30
days prior to the month corresponding to the date the
vehicle was originally registered. This notification shall
clearly state the vehicle's test status, based upon the
vehicle type, model year and registration address.
The owner of each vehicle subject to inspection shall
have the vehicle inspected and, upon demonstration of
compliance, obtain an emissions compliance certificate for
the vehicle.
(2) Except as provided in paragraphs (b)(3), (b)(4),
and (b)(5), vehicles shall be inspected every 2 years on a

schedule that begins in the fourth calendar year after the
vehicle model year. Even model year vehicles shall be
inspected and comply in order to renew registrations
expiring in even calendar years and odd model year vehicles
shall be inspected and comply in order to renew
registrations expiring in odd calendar years.
(3) A vehicle shall be inspected and comply at a time
outside of its normal 2-year inspection schedule if (i) the
vehicle was acquired by a new owner and (ii) the vehicle
had not been issued a Compliance Certificate within one
year of the date of application for the title or
registration, or both, for the vehicle.
(4) Vehicles with 2-year registrations shall be
inspected every 2 years at the time of registration
issuance or renewal on a schedule that begins in the fourth
year after the vehicle model year.
(5) Vehicles with permanent vehicle registration
plates shall be inspected every 2 years on a schedule that
begins in the fourth calendar year after the vehicle model
year in the month corresponding to the date the vehicle was
originally registered. Even model year vehicles shall be
inspected and comply in even calendar years, and odd model
year vehicles shall be inspected and comply in odd calendar
years.
(6) The Agency and the Secretary of State shall
endeavor to ensure a smooth transition from test scheduling

from the provisions of subsection (a) to subsection (b).
Passing tests and waivers issued prior to the
implementation of this subsection (b) may be utilized to
establish compliance for a period of one year from the date
of the emissions or waiver inspection.
(7) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emissions inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (7) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(8) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, custom vehicles, street
rods, and vehicles of model year 1967 or before.

(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
(M) Vehicles of model year 2006 or earlier with a
manufacturer gross vehicle weight rating between 8,501
and 14,000 pounds.
(N) Vehicles with a manufacturer gross vehicle

weight rating greater than 14,000 pounds.
The Agency may issue temporary or permanent exemption
certificates for vehicles temporarily or permanently
exempt from inspection under this paragraph (8). An
exemption sticker or certificate does not need to be
displayed.
(9) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties and or in
other jurisdictions where vehicle emissions inspections
are not required. The Agency may issue an annual exemption
certificate without inspection for any vehicle exempted
from inspection under this paragraph (9).
(10) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(11) Pursuant to Title 40, Section 51.371 of the Code
of Federal Regulations, the Agency may establish a program
of on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under

no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emissions standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
(625 ILCS 5/13C-25)
Sec. 13C-25. Performance of inspections.
(a) Except as provided in subsection (b), the inspection of
vehicles required under this Chapter shall be performed only:
(i) by inspectors who have been certified by the Agency after
successfully completing a course of training and successfully
passing a written test; (ii) at official inspection stations,
including on-road inspection sites established under this

Chapter; and (iii) with equipment that has been approved by the
Agency for these inspections.
(b) The requirements of subdivisions (a)(i) and (a)(ii) of
this Section do not preclude the performance of inspections (1)
at self-service official inspection stations, (2) using
Agency-approved wireless communication interfaces, and (3)
using systems designed to perform remote on-board diagnostic
inspections.
(c) Except as provided in subsection (h) (d), the
inspection shall consist of an on-board diagnostic system test.
The owner of the vehicle or the owner's agent shall be entitled
to an emission inspection certificate issued by the Agency only
if all required tests are passed at the time of the inspection.
(d) (Blank). A steady-state idle exhaust gas analysis and
the evaporative system integrity test may be substituted for
the on-board diagnostic system test in the following cases:
(1) On any heavy duty vehicle with a manufacturer gross
vehicle weight rating in excess of 8,500 pounds not
equipped at the time of manufacture with an on-board
diagnostic system meeting federal OBD-II specifications.
(2) On any vehicle for which on-board diagnostic
testing is not possible due to the vehicle's originally
certified design or its design as modified in accordance
with federal law and regulations, and on any vehicle with
known on-board diagnostic communications or software
problems, as determined by the Agency.

(e) (Blank). The exhaust gas analysis shall consist of a
test of an exhaust gas sample to determine whether the
quantities of exhaust gas pollutants emitted by the vehicle
meet the standards set for vehicles of that type under Section
13C-20. A vehicle shall be deemed to have passed this portion
of the inspection if the evaluation of the exhaust gas sample
indicates that the quantities of exhaust gas pollutants emitted
by the vehicle do not exceed the standards set for vehicles of
that type under Section 13C-20 or an inspector certifies that
the vehicle qualifies for a waiver of the exhaust gas pollutant
standards under Section 13C-30.
(f) (Blank). The evaporative system integrity test shall
consist of a procedure to determine if leaks exist in all or a
portion of the vehicle fuel evaporation emission control
system. A vehicle shall be deemed to have passed this test if
it meets the criteria that the Board may adopt for an
evaporative system integrity test.
(g) The on-board diagnostic system test shall consist of
accessing the vehicle's on-board computer system, determining
the vehicle's readiness status and MIL malfunction indicator
lamp status, and retrieving any stored diagnostic codes that
may be present. The vehicle shall be deemed to have passed this
test if the vehicle readiness status indicates that the
vehicle's OBD system has completed all required system and
component checks, the MIL malfunction indicator lamp status is
appropriate, and the diagnostic codes retrieved do not exceed

standards set for vehicles of that type under Section 13C-20.
(h) A visual inspection test of the MIL may be substituted
for the on-board diagnostic system test on any vehicle for
which on-board diagnostic testing is not possible due to the
vehicle's originally certified design or its design as modified
in accordance with federal law and regulations, and on any
vehicle with known on-board diagnostic communications or
software problems, as determined by the Agency. The visual
inspection test shall consist of verifying the status of the
MIL in the key-on/engine off position and the key-on/engine on
position. The vehicle shall be deemed to have passed this test
if the MIL illuminates briefly during the key-on/engine off
position and does not illuminate during the key-on/engine on
position.
(Source: P.A. 94-526, eff. 1-1-06.)
Section 99. Effective date. This Act takes effect February
1, 2012.