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| Public Act 102-0566 | ||||
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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 Sections 13-102.1, 13-106, 13-107, 13-108, and | ||||
13-109.1 and by adding Sections 13-102.2, 13-103.3 and | ||||
13-105.1 as follows:
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(625 ILCS 5/13-102.1)
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Sec. 13-102.1. Diesel powered vehicle emission inspection | ||||
report.
Beginning July
1, 2000, the Department of | ||||
Transportation
shall
conduct an annual study concerned with | ||||
the results
of
emission inspections for diesel powered | ||||
vehicles registered for a gross weight
of more than 16,000 | ||||
pounds or having a gross vehicle weight rating of more
than | ||||
16,000 pounds. The
study
shall be reported to the General | ||||
Assembly by June 30, 2001, and every
June
30 thereafter. The | ||||
study shall also be sent to the Illinois
Environmental
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Protection Agency for its use in environmental matters.
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The study shall include, but not be limited to, the | ||||
following information:
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(a) the number of diesel powered vehicles
that were
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inspected for emission compliance
pursuant to
this Chapter | ||||
13 during the previous year, separating the number of | ||||
inspections conducted at a brick-and-mortar official
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testing station and the number of inspections conducted by | ||
an official portable emissions testing company;
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(b) the number of diesel powered vehicles that failed | ||
and passed the
emission
inspections conducted pursuant to
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this
Chapter
13 during the previous year, separating the | ||
number of inspections conducted at a brick-and-mortar | ||
official
testing station and the number of inspections | ||
conducted by an official portable emissions testing | ||
company; and
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(c) the number of diesel powered vehicles that failed | ||
the emission
inspections conducted
pursuant to this | ||
Chapter 13 more than
once in
the previous year, separating | ||
the number of inspections conducted at a brick-and-mortar | ||
official
testing station and the number of inspections | ||
conducted by an official portable emissions testing | ||
company.
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(Source: P.A. 100-700, eff. 8-3-18.)
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(625 ILCS 5/13-102.2 new) | ||
Sec. 13-102.2. Diesel Emissions Opacity Report. | ||
(a) By March 15, 2023, the Department of Transportation | ||
shall make available to the public a report that includes the | ||
following: | ||
(1) a summary and disclosure of actual Department | ||
diesel emission testing data for at least one year through | ||
December 31, 2022, including an analysis of opacity levels | ||
recorded from actual opacity tests conducted, keyed to the | ||
model year of the vehicle and mileage; | ||
(2) a census of the opacity limits for other states | ||
and Environmental Protection Agency (EPA) non-attainment | ||
areas in the United States; | ||
(3) a summary of actual air quality data in Illinois | ||
compared to actual air quality data from other states and | ||
EPA non-attainment areas in the United States; and | ||
(4) substantive input from trucking or transportation | ||
companies and the public, including environmental justice | ||
communities, in the affected areas on the impact of | ||
stricter opacity limits. | ||
(b) In the report, the Department must include the | ||
following items in an effort for the State to better | ||
understand the technology, repair, and enforcement elements of | ||
diesel emissions standards in Illinois: | ||
(1) an analysis of the feasibility of including an | ||
onboard diagnostics (OBD) testing regime for vehicles | ||
model year 2010 and newer that are compatible with such | ||
testing; and | ||
(2) recommendations for improving the effectiveness of | ||
the diesel emissions testing program. | ||
(625 ILCS 5/13-103.3 new) | ||
Sec. 13-103.3. Official portable emissions testing | ||
company; fee; permit; bond. Upon the payment of a fee of $10 | ||
and the filing of an application by the proprietor of any | ||
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 $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 $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 | ||
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. | ||
(625 ILCS 5/13-105.1 new) | ||
Sec. 13-105.1. Inspection of official portable emissions | ||
testing company. Employees specifically authorized by the | ||
Department shall inspect, at frequent intervals, vehicles, | ||
equipment, and the recordkeeping office used by an official | ||
portable emissions testing company. Department employees under | ||
this Section shall have access to all records, relating to | ||
tests and work done or parts sold as a result of such tests, to | ||
ascertain whether tests are properly, fairly, and honestly | ||
made. Department employees under this Section may examine the | ||
owner of an official portable emissions company or any officer | ||
or employee thereof under oath. The Department shall conduct | ||
periodic nonscheduled inspections of the premises of vehicles | ||
owned and operated by a licensed official portable emissions | ||
testing company.
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(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
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Sec. 13-106. Rates and charges by official testing | ||
stations and official portable emissions testing companies; | ||
schedule stations-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
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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.
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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 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
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issued to any official testing station or official portable | ||
emissions testing company unless the applicant has filed with
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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.
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(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
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Sec. 13-107. Investigation of complaints against official | ||
testing stations 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
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employees in the course of their employment on a highway of | ||
this State,
second division
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.
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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.
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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
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authorized by the Department.
Nothing in this Section | ||
prohibits the Secretary from issuing shields or other
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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.
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(Source: P.A. 92-108, eff. 1-1-02; 93-423, eff. 8-5-03.)
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(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
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Sec. 13-108. Hearing on complaint against official testing | ||
station or official portable emissions testing company; | ||
suspension station-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
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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
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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 him or it, the
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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 violation of this Chapter.
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(Source: P.A. 78-255.)
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(625 ILCS 5/13-109.1)
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Sec. 13-109.1. Annual emission inspection tests;
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standards; penalties;
funds. | ||
(a) For each diesel powered vehicle that (i) is registered | ||
for a gross
weight of
more than 16,000 pounds, (ii) is | ||
registered within an affected area, and
(iii) is a 2 year
or | ||
older model year, an annual emission
inspection test
shall be | ||
conducted at an official testing station or by an official | ||
portable emissions testing company certified by the Illinois
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Department
of Transportation to perform
diesel emission | ||
inspections pursuant to the standards set forth in
subsection
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(b) of this
Section. This annual emission inspection test may | ||
be conducted in conjunction
with a
semi-annual safety test.
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(a-5) (Blank).
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(b) Diesel emission inspections conducted under this | ||
Chapter 13 shall be
conducted in accordance with the Society | ||
of Automotive Engineers Recommended
Practice J1667
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"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | ||
Powered
Vehicles" and the cutpoint standards set forth in the | ||
United States
Environmental Protection Agency guidance
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document "Guidance to States on Smoke Opacity Cutpoints to be | ||
used with the
SAE J1667 In-Use Smoke Test Procedure". Those | ||
procedures and 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.
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Notwithstanding the above cutpoint standards, for motor | ||
vehicles that are
model years 1973 and
older, until
December | ||
31,
2002, the level of peak smoke opacity shall not exceed 70 | ||
percent. Beginning
January
1, 2003, for motor vehicles that | ||
are model years 1973 and older, the level of
peak smoke
opacity | ||
shall not exceed 55 percent.
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(c) If the annual emission inspection under subsection (a) | ||
reveals
that the vehicle is not in compliance with
the
diesel | ||
emission standards set forth in subsection (b) of this | ||
Section, the
operator of the
official
testing station or | ||
official portable emissions testing company shall issue a | ||
warning notice requiring correction of the
violation. The | ||
correction shall be made and the vehicle submitted to an
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emissions retest at an official testing station or official | ||
portable emissions testing company certified by the Department | ||
to
perform diesel emission inspections within 30 days from the | ||
issuance of the
warning notice requiring correction of the | ||
violation.
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If, within 30 days from the issuance of the warning | ||
notice, the vehicle is
not in compliance with the diesel
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emission standards set forth in subsection (b) as determined | ||
by an emissions
retest at an official testing station or | ||
through an official portable emissions testing company, the | ||
certified emissions testing operator , the operator of the | ||
official
testing station or the Department shall place the | ||
vehicle out-of-service in
accordance with the rules | ||
promulgated by the Department. Operating a vehicle
that has | ||
been placed out-of-service under this subsection (c) is a | ||
petty
offense punishable by a $1,000 fine.
The vehicle must | ||
pass a diesel emission inspection at an official testing
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station before it is again placed in service.
The Secretary of | ||
State, Department of State Police, and other law enforcement
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officers shall enforce this Section.
No emergency vehicle, as | ||
defined in Section 1-105, may be placed out-of-service
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pursuant to this Section.
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The Department, or an official testing station, or an | ||
official portable emissions testing company may issue a | ||
certificate of
waiver subsequent to a reinspection of a | ||
vehicle that failed the emissions
inspection. Certificate of | ||
waiver shall be issued upon determination that
documented | ||
proof demonstrates that emissions repair costs for the | ||
noncompliant
vehicle of at least $3,000 have been spent in an | ||
effort to achieve
compliance with the emission standards set | ||
forth in subsection (b). The
Department of Transportation | ||
shall adopt rules for the implementation of this
subsection | ||
including standards of documented proof as well as the | ||
criteria by
which a waiver shall be granted.
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(c-5) (Blank).
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(d) (Blank).
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(Source: P.A. 100-700, eff. 8-3-18.)
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