AUTHORITY: Implementing Section 25 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/25 and 27].

SOURCE: Originally filed as Part 3 of Chapter 8: Noise Pollution, effective May 31, 1977; codified at 7 Ill. Reg. 13648; amended in R18-19 at 42 Ill. Reg. 20474, effective November 1, 2018.

SUBPART A: EQUIPMENT STANDARDS APPLICABLE TO ALL MOTOR VEHICLES

 

Section 902.101  Exhaust System

 

Operation of a motor vehicle on a public right of way must comply with 625 ILCS 5/12-602 and 40 CFR 202.22, incorporated by reference at 35 Ill. Adm. Code 900.106.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.102  Tires

 

Operation of any motor vehicle with one or more tires, regardless of weight, must comply with 40 CFR 202.23, incorporated by reference at 35 Ill. Adm. Code 900.106.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

SUBPART B: OPERATIONAL STANDARDS

 

Section 902.120  Standards Applicable to all Passenger Cars and  to Other Motor Vehicles with Gross Vehicle Weight (GVW) of 8,000 Pounds or Less

 

a)         This Section applies to all passenger cars regardless of weight and to other motor vehicles with a GVW of 8,000 pounds or less, except motorcycles and motor driven cycles.

 

b)         Operation of a motor vehicle subject to this Section at any time under any conditions of highway grade, load, acceleration or deceleration must not exceed the following limits:

 

1)         On highways with speed limits of 35 miles per hour or less, 74 dB(A), or 76 dB(A) when operating on a grade exceeding 3%, measured with fast meter response at 50 feet from the centerline of lane of travel;

 

2)         On highways with speed limits of more than 35 miles per hour, 82 dB(A), or 85 dB(A) if the vehicle is equipped with two or more snow or mud/snow tires, measured with fast meter response at 50 feet from the centerline of lane of travel.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.121  Standards Applicable to Motor Vehicles with  GVW in Excess of 8,000 Pounds

 

a)         This Section applies to motor vehicles with a GVW in excess of 8,000 pounds.

 

b)         Operation of a motor vehicle subject to this Section at any time under any conditions of highway grade, load, acceleration or deceleration must not exceed the limits at 40 CFR 202.20(a), incorporated by reference at 35 Ill. Adm. Code 900.106.

 

c)         Operation of a motor vehicle subject to this Section, powered by an engine with an engine speed governor, must not exceed the standard for operation under the stationary test at 40 CFR 202.21(a), incorporated by reference at 35 Ill. Adm. Code 900.106.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.122  Standards Applicable to Motorcycles and Motor Driven Cycles

 

Operation of any motorcycle or motor driven cycle must comply with the motorcycle noise emission standards at 40 CFR 205.152(a) and the motorcycle exhaust systems noise emissions standards at 40 CFR 205.166, incorporated by reference at 35 Ill. Adm. Code 900.106.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.123  Exception for Motor Carriers Engaged in Interstate Commerce with Respect  to Operations Regulated Under the Federal Noise Control  Act of 1972

 

a)         This Part applies to motor carriers engaged in interstate commerce with respect to noise emissions regulated by federal standards.  Motor carrier operations subject to this Part are excepted from Sections 902.101, 902.102 and 902.121.

 

b)         This Part applies to the operation of motor vehicles that have a GVWR or gross combination weight rating of more than 10,000 pounds, and only when those motor vehicles are operated under the conditions specified in this Section.

 

c)         Except as provided in subsection (d), this Part applies to the total sound produced by motor vehicles when operating under the specified conditions, including the sound produced by auxiliary equipment mounted on the motor vehicles.

 

d)         This Part does not apply to auxiliary equipment that is normally operated only when the transporting vehicle is stationary or is moving at a speed of 5 miles per hour or less.  Examples of this equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, air compressors, welders, and refuse compactors.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.124  Horns and Other Warning Devices

 

The use of a horn and other warning device must comply with 625 ILCS 5/12-601.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.125  Tire Noise

 

Operation of a motor vehicle in a manner resulting in squealing, screeching or other such noise being emitted from the tires in contact with the ground is prohibited.  The noise resulting from emergency operation to avoid imminent danger is exempt from this Section.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

SUBPART C: EXCEPTIONS AND COMPLIANCE DATES FOR PART 902

 

Section 902.140  Exceptions

 

a)         The standards and limitations of this Part do not apply to:

 

1)         Any vehicle moved by human or animal powers;

 

2)         Any vehicle moved by electrical power;

 

3)         Any vehicle used exclusively upon stationary rails or tracks;

 

4)         Any farm tractor;

 

5)         Any antique vehicle, if licensed under Section 3-804 of the Illinois Vehicle Code [625 ILCS 5/3-804];

 

6)         Any snowmobile subject to 35 Ill. Adm. Code 905;

 

7)         Any special mobile equipment;

 

8)         Any vehicle while being used lawfully for racing competition or time racing events; and

 

9)         Any lawn care maintenance equipment.

 

b)         Section 902.102 does not apply to any person who can show that a tread pattern as described in that Section was the result of wear and that the tire was not originally manufactured or newly retreaded with such a tread pattern.

 

c)         The operational standards contained in this Part do not apply to warning devices or to emergency equipment and vehicles described in 40 CFR 202.12(e), incorporated by reference at 35 Ill. Adm. Code 900.106; to snow plows when in operation; or to tactical military vehicles.

 

(Source:  Amended at 42 Ill. Reg. 20474, effective November 1, 2018)

 

Section 902.141  Compliance Dates (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 20474, effective November 1, 2018)







Section 902.APPENDIX A  Old Rule Numbers Referenced (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 20474, effective November 1, 2018)