Bill Text: IL SB0273 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue a permit to the proprietor of a company seeking to perform mobile safety inspections to operate an official mobile safety testing company. Provides that a permittee may test the permittee's own second division vehicles and issue certificates of safety and conduct emission inspections of the permittee's own second division vehicles. Adds language governing fees, bonding, and oversight of official mobile safety testing companies. Makes corresponding changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0476 [SB0273 Detail]

Download: Illinois-2023-SB0273-Engrossed.html

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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 13-101, 13-103, 13-103.1, 13-103.3, 13-106,
13-107, 13-108, 13-109, and 13-110 and by adding Sections
13-103.4 and 13-105.2 as follows:
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, first division vehicle including a taxi which is
used for a purpose that requires a school bus driver permit,
motor vehicle used for driver education training, or contract
carrier transporting employees in the course of their
employment on a highway of this State in a vehicle designed to
carry 15 or fewer passengers shall, before operating the
vehicle upon the highways of Illinois, submit it to a "safety
test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second
division motor vehicle that pulls or draws a trailer,
semitrailer or pole trailer, with a gross weight of 10,001 lbs
or more or is registered for a gross weight of 10,001 lbs or

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more, motor bus, religious organization bus, school bus,
senior citizen transportation vehicle, and limousine shall be
subject to inspection by the Department and the Department is
authorized to establish rules and regulations for the
implementation of such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection
pursuant to Section 3-308 of this Code. In implementing and
enforcing the provisions of this Section, the Department and
other authorized State agencies shall do so in a manner that is
not inconsistent with any applicable federal law or regulation
so that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a
municipal corporation or political subdivision having a
population of 1,000,000 or more inhabitants and which are
subject to safety tests imposed by local ordinance or
resolution;
(c) a semitrailer or trailer having a gross weight of

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5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a
permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates
as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly
plant directly to the purchasing dealership or
distributor, or being temporarily road driven for quality
control testing, or from one dealer or distributor to
another, or are being moved by the most direct route from
one location to another for the purpose of installing

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special bodies or equipment, or driven for purposes of
demonstration by a prospective buyer with the dealer or
his agent present in the cab of the vehicle during the
demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate
or digital registration plate, except vehicles of contract
carriers transporting employees in the course of their
employment on a highway of this State in a vehicle
designed to carry 15 or fewer passengers are only exempted
to the extent that the safety testing requirements
applicable to such vehicles in the state of registration
are no less stringent than the safety testing requirements
applicable to contract carriers that are lawfully
registered in Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and
(n) second division vehicles registered for a gross
weight of 10,000 pounds or less, except when such second
division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or
registered for a gross weight of more than 10,000 pounds;

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motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles; tow trucks; and any property carrying vehicles
being operated in commerce that are registered for a gross
weight of more than 8,000 lbs but less than 10,001 lbs.
The safety test shall include the testing and inspection
of brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests
as the Department may by rule or regulation require, for
second division vehicles, school buses, medical transport
vehicles, tow trucks, first division vehicles including taxis
which are used for a purpose that requires a school bus driver
permit, motor vehicles used for driver education training,
vehicles 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, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
For driver education vehicles used by public high schools,

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the vehicle must also be equipped with dual control brakes, a
mirror on each side of the vehicle so located as to reflect to
the driver a view of the highway for a distance of at least 200
feet to the rear, and a sign visible from the front and the
rear identifying the vehicle as a driver education car.
For trucks, truck tractors, trailers, semi-trailers, buses
engaged in interstate commerce as defined Section 1-133 of
this Code, and first division vehicles including taxis which
are used for a purpose that requires a school bus driver
permit, the safety test shall be conducted in accordance with
the Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, motor vehicle used for driver
education training, or vehicle designed to carry 15 or fewer
passengers operated by a contract carrier as provided in this
Section that is unsafe, as determined by the standards
prescribed in this Code.
(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)

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(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit -
Bond. Upon the payment of a fee of $50 $10 and the filing of an
application by the proprietor of a company or municipality any
vehicle service station or public or private garage upon forms
furnished by the Department, accompanied by proof of
experience, training and ability of the operator of the
testing equipment, together with proof of installation of
approved testing equipment as defined in Section 13-102 and
the giving of a bond conditioned upon faithful observance of
this Section and of rules and regulations issued by the
Department in the amount of $10,000 $1,000 with security
approved by the Department, the Department shall issue a
permit to the proprietor of such company or municipality
vehicle service station or garage to operate an Official
Testing Station. Such permit shall expire 12 months following
its issuance, but may be renewed annually by complying with
the requirements set forth in this Section and upon the
payment of a renewal fee of $50 $10. Proprietors of official
testing stations for which permits have been issued prior to
the effective date of this Act may renew such permits for the
renewal fee of $50 $10 on the expiration of each 12 months
following issuance of such permits, by complying with the
requirements set forth in this Section. However, any city,
village or incorporated town shall upon application to the
Department and without payment of any fee or filing of any

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bond, but upon proof of experience, training and ability of
the operator of the testing equipment, and proof of the
installation of approved testing equipment as defined in
Section 13-102, be issued a permit to operate such testing
station as an Official Testing Station under this Act. The
permit so issued shall at all times be displayed in a prominent
place in the official vehicle service station, garage or
municipal testing station which is licensed as an Official
Testing Station under this Act. No person or company vehicle
service station, garage or municipality municipal testing
station shall in any manner claim or represent himself or
itself to be an official testing station unless a permit has
been issued to him or it as provided in this Section.
Any person or municipality who or which has received a
permit under this Section may test his or its own second
division vehicles and issue certificates of safety and conduct
emission inspections of his or its own second division
vehicles in accordance with the requirements of Section
13-109.1 with respect to any such second division vehicles
owned, operated or controlled by him or it.
Each such permit issued by the Department shall state on
its face the location of the official testing station to be
operated under the permit and safety tests shall be made only
at such location. However, the Department may, upon
application, authorize a change in the location of the
official testing station and the removal of the testing

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equipment to the new location. Upon approval of such
application, the Department shall issue an endorsement which
the applicant shall affix to his permit. Such endorsement
constitutes authority for the applicant to make such change in
location and to remove his testing equipment at the times and
to the places stated in the endorsement.
(Source: P.A. 91-254, eff. 7-1-00.)
(625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
Sec. 13-103.1. Annual certification of certified safety
testers and certified diesel emission testers - Fee - Renewal.
Only certified safety testers are authorized to perform safety
tests and affix Certificates of Safety to vehicles. The
Department shall annually certify those certified safety
testers and certified diesel emission testers who have met its
requirements. Certified safety Safety testers' and certified
diesel emission testers' certificates shall expire 12 months
following the date of issue, but may be renewed annually by
complying with the requirements as established by the
Department.
(Source: P.A. 80-606.)
(625 ILCS 5/13-103.3)
Sec. 13-103.3. Official portable emissions testing
company; fee; permit; bond. Upon the payment of a fee of $50
$10 and the filing of an application by the proprietor of any

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vehicle service company upon forms furnished by the
Department, accompanied by proof of experience, training, and
ability of the operator of the testing equipment, together
with proof of approved testing equipment as defined in Section
13-102 and the giving of a bond conditioned upon faithful
observance of this Section and of rules adopted by the
Department in the amount of $10,000 $1,000 with security
approved by the Department, the Department shall issue a
permit to the proprietor of the vehicle service company to
operate an official portable emissions testing company. An
official portable emissions testing company shall only conduct
portable emissions inspections for diesel fleets with 5 or
more diesel vehicles required to be inspected under subsection
(a) of Section 13-109.1, and only at the fleet owner's place of
business. A permit issued under this Section shall expire 12
months following its issuance, but may be renewed annually by
complying with this Section and upon the payment of a renewal
fee of $50 $10. No person or vehicle service company shall
operate as an official portable emissions testing company
without having been issued a permit as provided in this
Section.
A permittee under this Section may test second division
vehicles owned, operated, or controlled by the permittee to
conduct emission inspections of such vehicles in accordance
with Section 13-109.1. A permittee under this Section may
conduct interstate inspections on interstate carriers in

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accordance with 49 CFR Part 396.
Each permit issued by the Department shall state on its
face the location of the recordkeeping office of the
proprietor of the official portable emissions testing company.
However, the Department, upon application, may authorize a
change in the location of the recordkeeping office. Upon the
approval of such an application, the Department shall issue an
endorsement to be fixed by the applicant to the permit. Such an
endorsement constitutes authority for the applicant to make
the change in location.
(Source: P.A. 102-566, eff. 1-1-22.)
(625 ILCS 5/13-103.4 new)
Sec. 13-103.4. Official mobile safety testing company;
fee; permit; bond. Upon the payment of a fee of $50 and the
filing of an application by the proprietor of a company or
municipality seeking to perform mobile safety inspections upon
forms furnished by the Department, accompanied by proof of
experience, training, and ability of the operator of the
testing equipment, together with proof of approved testing
equipment as defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and rules
adopted by the Department in the amount of $10,000 with
security approved by the Department, the Department shall
issue a permit to the proprietor to operate an official mobile
safety testing company. An official mobile safety testing

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company must maintain a physical office in this State. The
permit shall expire 12 months following its issuance, but may
be renewed annually by complying with the requirements set
forth in this Section and upon the payment of a renewal fee of
$50. The permit so issued shall at all times be displayed in a
prominent place in the official mobile safety testing vehicle
as well as at the required physical office of the testing
company. No person or official mobile safety testing company
shall in any manner claim or represent himself, herself, or
itself to be an official mobile safety testing company unless
a permit has been issued to the person or company as provided
in this Section.
Any person or municipality that has received a permit
under this Section may test the second division vehicles owned
by the person or municipality and issue certificates of safety
vehicles owned by the person or municipality in accordance
with the requirements of Section 13-109.1 with respect to any
such vehicles owned, operated, or controlled by the person or
municipality.
Each such permit issued by the Department shall state on
its face the location of the physical office of the official
mobile safety testing company. The physical office shall be
the location in which all records are stored and retained.
Official mobile safety testing companies shall only perform
safety tests of vehicles at the vehicle owner's place of
business with a 48-hour advance notice to the Department. The

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Department may, upon application, authorize a change in the
location of the physical office to a new location. Upon the
approval of such an application, the Department shall issue an
endorsement, which the applicant shall affix to his or her
permit. Such an endorsement constitutes authority for the
applicant to operate.
As used in this Section, "official mobile safety testing
company" means a safety testing company permitted to test
trucks, truck tractors, trailers, semi-trailers, and buses
engaged in interstate commerce as defined Section 1-133 of
this Code. The safety test shall be conducted in accordance
with the Minimum Periodic Inspection Standards promulgated by
the Federal Highway Administration of the United States
Department of Transportation and contained in Appendix G to
Subchapter B of Chapter III of Title 49 of the Code of Federal
Regulations.
The Department shall adopt rules to implement this
Section.
(625 ILCS 5/13-105.2 new)
Sec. 13-105.2. Inspection of official mobile safety
testing companies. Employees specifically authorized by the
Department to conduct inspections shall inspect all official
mobile safety testing companies at frequent intervals. Such
employees shall have access to all records relating to tests
and work done or parts sold as a result of such tests, to

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ascertain whether the tests are properly, fairly, and honestly
made, and may examine the owner of the official mobile safety
testing company or any officer or employee thereof under oath.
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing
stations, official mobile testing companies, and official
portable emissions testing companies; schedule to be filed.
Every operator of an official testing station or official
portable emissions testing company shall file with the
Department, in the manner prescribed by the Department, a
schedule of all rates and charges made by him for performing
the tests provided for in Section 13-101 and Section 13-109.1.
Such rate or charge shall include an amount to reimburse the
operator of the official testing station or official portable
emissions testing company for the purchase from the Department
of the certificate of safety required by this chapter, not to
exceed that fee paid to the Department by the operator
authorized by this chapter. Such rates and charges shall be
just and reasonable and the Department upon its own initiative
or upon complaint of any person or corporation may require the
testing station operator to appear for a hearing and prove
that the rates so filed are just and reasonable. A "just and
reasonable" rate or charge, for the purposes of this Section,
means a rate or charge which is the same, or nearly the same,
as the prevailing rate or charge for the same or similar tests

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made in the community where the station is located. No
operator may change this schedule of rates and charges until
the proposed changes are filed with and approved by the
Department. No license may be issued to any official testing
station or official portable emissions testing company unless
the applicant has filed with the Department a proposed
schedule of rates and charges and unless such rates and
charges have been approved by the Department. No operator of
an official testing station or official portable emissions
testing company shall charge more or less than the rates so
filed with and approved by the Department.
(Source: P.A. 102-566, eff. 1-1-22.)
(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official
testing stations, official mobile testing companies, and
official portable emissions testing companies. The Department
shall, upon its own motion, or upon charges made in writing
verified under oath, investigate complaints that an official
testing station or official portable emissions testing company
is willfully falsifying records or tests, either for the
purpose of selling parts or services not actually required, or
for the purpose of issuing a certificate of safety for a
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, second division

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vehicle, or medical transport vehicle that is not in safe
mechanical condition as determined by the standards of this
Chapter in violation of the provisions of this Chapter or of
the rules and regulations issued by the Department.
The Secretary of Transportation, for the purpose of more
effectively carrying out the provisions of Chapter 13, may
appoint such a number of inspectors as he may deem necessary.
Such inspectors shall inspect and investigate applicants for
official testing station or official portable emissions
testing company permits and investigate and report violations.
With respect to enforcement of the provisions of this Chapter
13, such inspectors shall have and may exercise throughout the
State all the powers of police officers.
The Secretary must authorize to each inspector and to any
other employee of the Department exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Department and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Department. Nothing in this Section
prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the
powers of a peace officer if the Secretary determines that a
shield or distinctive identification is needed by the employee
to carry out his or her responsibilities.
(Source: P.A. 102-566, eff. 1-1-22.)

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(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing
station, official mobile testing company, or official portable
emissions testing company; suspension or revocation of permit.
If it appears to the Department, either through its own
investigation or upon charges verified under oath, that any of
the provisions of this Chapter or the rules and regulations of
the Department are being violated, the Department shall, after
notice to the person, firm, or corporation charged with such
violation, conduct a hearing. At least 10 days prior to the
date of such hearing the Department shall cause to be served
upon the person, firm, or corporation charged with such
violation, a copy of such charge or charges by registered mail
or by the personal service thereof, together with a notice
specifying the time and place of such hearing. At the time and
place specified in such notice, the person, firm, or
corporation charged with such violation shall be given an
opportunity to appear in person or by counsel and to be heard
by the Secretary of Transportation or an officer or employee
of the Department designated in writing by him to conduct such
hearing. If it appears from the hearing that such person,
firm, or corporation is guilty of the charge preferred against
the person, firm, or corporation, the Secretary of
Transportation may order the permit suspended or revoked, and
the bond forfeited. Any such revocation or suspension shall
not be a bar to subsequent arrest and prosecution for

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violation of this Chapter.
(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
(Text of Section before amendment by P.A. 102-982)
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 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 months prior to the
application for registration as provided 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

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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, (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, semitrailers, and property-carrying vehicles
registered for a gross weight of more than 10,000 pounds but
less than 26,001 pounds, 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.
(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
vehicle where the Certificate of Safety has been removed. The
vehicle must pass a safety test at an official testing station

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before it is again placed in service.
(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
out-of-service in accordance with procedures in subsection
(b).
(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).
(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
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

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the sticker attached or the unauthorized removal of a 3-day
sticker is a Class C misdemeanor.
(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.
(g) If a test shows that a second division vehicle, first
division vehicle including a taxi which is used for a purpose

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that requires a school bus driver permit, medical transport
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 submitted to a retest at an official testing
station. If the owner or contract carrier submits the vehicle
to a retest at a 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 address of the second official
testing station making the retest.
(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
(Text of Section after amendment by P.A. 102-982)
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 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

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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 or by an official mobile safety
testing company within 6 months prior to the application for
registration as provided 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, (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, semitrailers, and
property-carrying vehicles registered for a gross weight of
more than 10,000 pounds but less than 26,001 pounds, 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 crash must be reinspected before the bus or first

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division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit is returned to
service.
(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
vehicle where the Certificate of Safety has been removed. The
vehicle must pass a safety test at an official testing station
or official mobile safety testing company before it is again
placed in service.
(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
out-of-service in accordance with procedures in subsection
(b).
(d) If a violation is not substantial and does not
directly affect the safe operation of the vehicle, the

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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).
(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
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.
(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 or official mobile safety
testing company 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

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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.
(g) If a test shows that 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 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 submitted to a retest at an official testing
station or official mobile safety testing company. If the
owner or contract carrier submits the vehicle to a retest at a
different official testing station or official mobile safety
testing company 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

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original testing station or official mobile safety testing
company and the defects which prevented the issuance of a
Certificate of Safety, and the name and address of the second
official testing station or official mobile safety testing
company making the retest.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110)
Sec. 13-110. Certificate of safety. (a) Certificates of
Safety shall be in contrasting colors, with a number on the
face of the Certificate indicating the month of the next
inspection period the vehicle is subject to inspection.
Certificates for school buses shall also indicate the mileage
at which the school bus shall be subject to inspection if it
occurs before the next regular inspection period. The colors
of Certificates of Safety shall be prescribed by the
Department.
(b) Certificates of Safety, which remain the property of
the State of Illinois, will be provided to Official Testing
Stations and official mobile safety testing companies by the
Department at the fee of $1 each. Certificates of Safety which
remain unused at the end of each inspection period will be
redeemed for the same amount in a manner prescribed by the
Department.
(c) Nothing in this Chapter shall be construed as a
suggestion or direction to any owner to require him to have any

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repairs made or any work done by any official testing station
or official mobile safety testing company, but all tests must
be made at an official testing station to secure the issuance
of a certificate of safety, and no certificate of safety
issued by any other than an official testing station or
official mobile safety testing company shall be deemed a
compliance with this Chapter.
(Source: P.A. 83-311.)