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| Public Act 100-0160
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| HB3172 Enrolled | LRB100 09547 AXK 19713 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 13-109 as follows:
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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Sec. 13-109. Safety test prior to application for
license - |
Subsequent tests - Repairs - Retest. |
(a) Except as otherwise provided in Chapter 13, each second |
division
vehicle, first division vehicle including a taxi which |
is used for a purpose that requires a school bus driver permit, |
and medical transport vehicle, except those vehicles other than
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school buses or medical transport vehicles owned or operated by |
a municipal
corporation or political subdivision having a |
population of 1,000,000 or
more inhabitants which are subjected |
to safety tests imposed by local
ordinance or resolution, |
operated in whole or in part over the highways
of this State, |
motor vehicle used for driver education training, and each |
vehicle designed to carry 15 or fewer passengers
operated by a |
contract carrier transporting employees in the course of
their |
employment
on a highway of this State, shall be subjected to |
the safety
test provided for in Chapter
13 of this Code. Tests |
shall be conducted at an official testing station
within 6 |
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months prior to the application for registration as provided
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for in this Code. Subsequently each vehicle shall be subject to |
tests (i) at
least every 6 months, (ii) in the case of school |
buses and first division vehicles including taxis which are |
used for a purpose that requires a school bus driver permit, at |
least every 6
months or 10,000 miles, whichever occurs first, |
or (iii) in the case of driver education vehicles used by |
public high schools, at least every 12 months for vehicles over |
5 model years of age or having an odometer reading of over |
75,000 miles, whichever occurs first, or (iv) in the case of |
truck tractors in combination with a semitrailer, at least |
every 12 months, and according to
schedules established by |
rules and regulations promulgated by the
Department. Any |
component subject to regular inspection which is
damaged in a |
reportable accident must be reinspected before the bus or first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit is
returned to |
service.
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(b) The Department shall also conduct periodic |
nonscheduled inspections
of school buses, of buses registered |
as charitable vehicles and of
religious organization buses. If |
such inspection reveals that a vehicle is
not in substantial |
compliance with the rules promulgated by the Department,
the |
Department shall remove the Certificate of Safety from the |
vehicle, and
shall place the vehicle out-of-service. A bright |
orange, triangular decal
shall be placed on an out-of-service |
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vehicle where the Certificate of
Safety has been removed. The |
vehicle must pass a safety test at an
official testing station |
before it is again placed in service.
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(c) If the violation is not substantial a bright yellow, |
triangular
sticker shall be placed next to the Certificate of |
Safety at the time the
nonscheduled inspection is made. The |
Department shall reinspect the
vehicle after 3 working days to |
determine that the violation has been
corrected and remove the |
yellow, triangular decal. If the violation is not
corrected |
within 3 working days, the Department shall place the vehicle
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out-of-service in accordance with procedures in subsection |
(b).
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(d) If a violation is not substantial and does not directly |
affect the
safe operation of the vehicle, the Department shall |
issue a warning notice
requiring correction of the violation. |
Such correction shall be
accomplished as soon as practicable |
and a report of the correction shall be
made to the Department |
within 30 days in a manner established by the
Department. If |
the Department has not been advised that the corrections
have |
been made, and the violations still exist, the Department shall |
place
the vehicle out-of-service in accordance with procedures |
in subsection
(b).
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(e) The Department is authorized to promulgate regulations |
to implement its
program of nonscheduled inspections. Causing |
or allowing the operation of
an out-of-service vehicle with |
passengers or unauthorized removal of an
out-of-service |
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sticker is a Class 3 felony. Causing or allowing the
operation |
of a vehicle with a 3-day sticker for longer than 3 days with |
the
sticker attached or the unauthorized removal of a 3-day |
sticker is a Class C
misdemeanor.
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(f) If a second division vehicle, first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit, medical transport vehicle, or
vehicle |
operated by a contract carrier as provided in subsection (a) of |
this
Section is in safe
mechanical condition, as determined |
pursuant to Chapter 13, the operator of
the official testing |
station must at once issue to the second division
vehicle, |
first division vehicle including a taxi which is used for a |
purpose that requires a school bus driver permit, or medical |
transport vehicle a certificate of safety, in the form
and |
manner prescribed by the Department, which shall be affixed to |
the
vehicle by the certified safety tester who performed the |
safety tests. The
owner of the second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, or medical transport |
vehicle or the
contract carrier shall at
all times display the |
Certificate of Safety on the second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical transport |
vehicle, or vehicle operated by a contract carrier
in the |
manner prescribed by the Department.
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(g) If a test shows that a second division vehicle, first |
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division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical
transport
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vehicle, or vehicle operated by a contract carrier is not in |
safe
mechanical condition as provided in this Section, it
shall |
not be operated on the highways until it has been repaired and
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submitted to a retest at an official testing station. If the |
owner or
contract carrier submits
the vehicle to a retest at
a
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different official testing station from that where it failed to |
pass the
first test, he or she shall present to the operator of |
the second station the
report of the original test, and shall |
notify the Department in writing,
giving the name and address |
of the original testing station and the defects
which prevented |
the issuance of a Certificate of Safety, and the name and
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address of the second official testing station making the |
retest.
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(Source: P.A. 97-224, eff. 7-28-11; 97-1025, eff. 1-1-13.)
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