Public Act 93-0637
HB0313 Re-Enrolled LRB093 03742 DRH 03775 b
AN ACT in relation to vehicles.
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 Section 13-101 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, 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 more than 8,000 lbs or is registered
for a gross weight of more than 8,000 lbs, 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 5,000 pounds or less including vehicle weight and
maximum load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
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
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, 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 8,000 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 8,000 pounds;
motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles and tow trucks.
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, 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 trucks, truck tractors, trailers, semi-trailers, and
buses, 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, or vehicle designed to carry 15 or
fewer passengers operated by a contract carrier as provided
in this Section which is unsafe as determined by the
standards prescribed in this Code.
(Source: P.A. 92-108, eff. 1-1-02.)