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1 | AN ACT concerning transportation. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||
5 | changing Section 13C-15 as follows: | |||||||||||||||||||
6 | (625 ILCS 5/13C-15) | |||||||||||||||||||
7 | Sec. 13C-15. Inspections. | |||||||||||||||||||
8 | (a) Computer-Matched Inspections and Notification. | |||||||||||||||||||
9 | (1) The provisions of this subsection (a) are | |||||||||||||||||||
10 | operative until the implementation of the registration | |||||||||||||||||||
11 | denial inspection and notification mechanisms required by | |||||||||||||||||||
12 | subsection (b). Beginning with the implementation of the | |||||||||||||||||||
13 | program required by this Chapter, every motor vehicle that | |||||||||||||||||||
14 | is owned by a resident of an affected county, other than a | |||||||||||||||||||
15 | vehicle that is exempt under paragraph (a)(6) or (a)(7), | |||||||||||||||||||
16 | is subject to inspection under the program. | |||||||||||||||||||
17 | The Agency shall send notice of the assigned | |||||||||||||||||||
18 | inspection month, at least 15 days before the beginning of | |||||||||||||||||||
19 | the assigned month, to the owner of each vehicle subject | |||||||||||||||||||
20 | to the program. An initial emission inspection sticker or | |||||||||||||||||||
21 | initial inspection certificate, as the case may be, | |||||||||||||||||||
22 | expires on the last day of the third month following the | |||||||||||||||||||
23 | month assigned by the Agency for the first inspection of |
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1 | the vehicle. A renewal inspection sticker or certificate | ||||||
2 | expires on the last day of the third month following the | ||||||
3 | month assigned for inspection in the year in which the | ||||||
4 | vehicle's next inspection is required. | ||||||
5 | The Agency or its agent may issue an interim emission | ||||||
6 | inspection sticker or certificate for any vehicle subject | ||||||
7 | to inspection that does not have a currently valid | ||||||
8 | emission inspection sticker or certificate at the time the | ||||||
9 | Agency is notified by the Secretary of State of its | ||||||
10 | registration by a new owner, and for which an initial | ||||||
11 | emission inspection sticker or certificate has already | ||||||
12 | been issued. An interim emission inspection sticker or | ||||||
13 | certificate expires no later than the last day of the | ||||||
14 | sixth complete calendar month after the date the Agency | ||||||
15 | issued the interim emission inspection sticker or | ||||||
16 | certificate. | ||||||
17 | The owner of each vehicle subject to inspection shall | ||||||
18 | obtain an emission inspection sticker or certificate for | ||||||
19 | the vehicle in accordance with this paragraph (1). Before | ||||||
20 | the expiration of the emission inspection sticker or | ||||||
21 | certificate, the owner shall have the vehicle inspected | ||||||
22 | and, upon demonstration of compliance, obtain a renewal | ||||||
23 | emission inspection sticker or certificate. A renewal | ||||||
24 | emission inspection sticker or certificate shall not be | ||||||
25 | issued more than 5 months before the expiration date of | ||||||
26 | the previous inspection sticker or certificate. |
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1 | (2) Except as provided in paragraph (a)(3), vehicles | ||||||
2 | shall be inspected every 2 years on a schedule that begins | ||||||
3 | either in the fifth, seventh second, fourth , or later | ||||||
4 | calendar year after the vehicle model year. The beginning | ||||||
5 | test schedule shall be set by the Agency and shall be | ||||||
6 | consistent with the State's requirements for emission | ||||||
7 | reductions as determined by the applicable United States | ||||||
8 | Environmental Protection Agency vehicle emissions | ||||||
9 | estimation model and applicable guidance and rules. | ||||||
10 | (3) A vehicle may be inspected at a time outside of its | ||||||
11 | normal 2-year inspection schedule, if (i) the vehicle was | ||||||
12 | acquired by a new owner and (ii) the vehicle was required | ||||||
13 | to be in compliance with this Act at the time the vehicle | ||||||
14 | was acquired by the new owner, but it was not then in | ||||||
15 | compliance. | ||||||
16 | (4) The owner of a vehicle subject to inspection shall | ||||||
17 | have the vehicle inspected and shall obtain and display on | ||||||
18 | the vehicle or carry within the vehicle, in a manner | ||||||
19 | specified by the Agency, a valid unexpired emission | ||||||
20 | inspection sticker or certificate in the manner specified | ||||||
21 | by the Agency. A person who violates this paragraph (4) is | ||||||
22 | guilty of a petty offense, except that a third or | ||||||
23 | subsequent violation within one year of the first | ||||||
24 | violation is a Class C misdemeanor. The fine imposed for a | ||||||
25 | violation of this paragraph (4) shall be not less than $50 | ||||||
26 | if the violation occurred within 60 days following the |
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1 | date by which a new or renewal emission inspection sticker | ||||||
2 | or certificate was required to be obtained for the | ||||||
3 | vehicle, and not less than $300 if the violation occurred | ||||||
4 | more than 60 days after that date. | ||||||
5 | (5) For a $20 fee, to be paid into the Vehicle | ||||||
6 | Inspection Fund, the Agency may inspect: | ||||||
7 | (A) A vehicle registered in and subject to the | ||||||
8 | emission inspections requirements of another state. | ||||||
9 | (B) A vehicle presented for inspection on a | ||||||
10 | voluntary basis. | ||||||
11 | Any fees collected under this paragraph (5) shall not | ||||||
12 | offset Motor Fuel Tax Funds normally appropriated for the | ||||||
13 | program. | ||||||
14 | (6) The following vehicles are not subject to | ||||||
15 | inspection: | ||||||
16 | (A) Vehicles not subject to registration under | ||||||
17 | Article IV of Chapter 3 of this Code, other than | ||||||
18 | vehicles owned by the federal government. | ||||||
19 | (B) Motorcycles, motor driven cycles, and | ||||||
20 | motorized pedalcycles. | ||||||
21 | (C) Farm vehicles and implements of husbandry. | ||||||
22 | (D) Implements of warfare owned by the State or | ||||||
23 | federal government. | ||||||
24 | (E) Antique vehicles, expanded-use antique | ||||||
25 | vehicles, custom vehicles, street rods, and vehicles | ||||||
26 | of model year 1967 or before. |
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1 | (F) Vehicles operated exclusively for parade or | ||||||
2 | ceremonial purposes by any veterans, fraternal, or | ||||||
3 | civic organization, organized on a not-for-profit | ||||||
4 | basis. | ||||||
5 | (G) Vehicles for which the Secretary of State, | ||||||
6 | under Section 3-117 of this Code, has issued a Junking | ||||||
7 | Certificate. | ||||||
8 | (H) Diesel powered vehicles and vehicles that are | ||||||
9 | powered exclusively by electricity. | ||||||
10 | (I) Vehicles operated exclusively in organized | ||||||
11 | amateur or professional sporting activities, as | ||||||
12 | defined in Section 3.310 of the Environmental | ||||||
13 | Protection Act. | ||||||
14 | (J) Vehicles registered in, subject to, and in | ||||||
15 | compliance with the emission inspection requirements | ||||||
16 | of another state. | ||||||
17 | (K) Vehicles participating in an OBD continuous | ||||||
18 | monitoring program operated in accordance with | ||||||
19 | procedures adopted by the Agency. | ||||||
20 | (L) Vehicles of model year 1995 or earlier that do | ||||||
21 | not have an expired emissions test sticker or | ||||||
22 | certificate on February 1, 2007. | ||||||
23 | The Agency may issue temporary or permanent exemption | ||||||
24 | stickers or certificates for vehicles temporarily or | ||||||
25 | permanently exempt from inspection under this paragraph | ||||||
26 | (6). An exemption sticker or certificate does not need to |
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1 | be displayed. | ||||||
2 | (7) According to criteria that the Agency may adopt, a | ||||||
3 | motor vehicle may be exempted from the inspection | ||||||
4 | requirements of this Section by the Agency on the basis of | ||||||
5 | an Agency determination that the vehicle is located and | ||||||
6 | primarily used outside of the affected counties or in | ||||||
7 | other jurisdictions where vehicle emission inspections are | ||||||
8 | not required. The Agency may issue an annual exemption | ||||||
9 | sticker or certificate without inspection for any vehicle | ||||||
10 | exempted from inspection under this paragraph (7). | ||||||
11 | (8) Any owner or lessee of a fleet of 15 or more motor | ||||||
12 | vehicles that are subject to inspection under this Section | ||||||
13 | may apply to the Agency for a permit to establish and | ||||||
14 | operate a private official inspection station in | ||||||
15 | accordance with rules adopted by the Agency. | ||||||
16 | (9) Pursuant to Title 40, Section 51.371 of the Code | ||||||
17 | of Federal Regulations, the Agency may establish a program | ||||||
18 | of on-road testing of in-use vehicles through the use of | ||||||
19 | remote sensing devices. In any such program, the Agency | ||||||
20 | shall evaluate the emission performance of 0.5% of the | ||||||
21 | subject fleet or 20,000 vehicles, whichever is less. Under | ||||||
22 | no circumstances shall on-road testing include any sort of | ||||||
23 | roadblock or roadside pullover or cause any type of | ||||||
24 | traffic delay. If, during the course of an on-road | ||||||
25 | inspection, a vehicle is found to exceed the on-road | ||||||
26 | emissions standards established for the model year and |
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1 | type of vehicle, the Agency shall send a notice to the | ||||||
2 | vehicle owner. The notice shall document the occurrence | ||||||
3 | and the results of the on-road exceedance. The notice of a | ||||||
4 | second on-road exceedance shall indicate that the vehicle | ||||||
5 | has been reassigned and is subject to an out-of-cycle | ||||||
6 | follow-up inspection at an official inspection station. In | ||||||
7 | no case shall the Agency send a notice of an on-road | ||||||
8 | exceedance to the owner of a vehicle that was found to | ||||||
9 | exceed the on-road emission standards established for the | ||||||
10 | model year and type of vehicle, if the vehicle is | ||||||
11 | registered outside of the affected counties. | ||||||
12 | (b) Registration Denial Inspection and Notification. | ||||||
13 | (1) No later than January 1, 2008, every motor vehicle | ||||||
14 | that is owned by a resident of an affected county, other | ||||||
15 | than a vehicle that is exempt under paragraph (b)(8) or | ||||||
16 | (b)(9), is subject to inspection under the program. | ||||||
17 | The owner of a vehicle subject to inspection shall | ||||||
18 | have the vehicle inspected and obtain proof of compliance | ||||||
19 | from the Agency in order to obtain or renew a vehicle | ||||||
20 | registration for a subject vehicle. | ||||||
21 | The Secretary of State shall notify the owner of a | ||||||
22 | vehicle subject to inspection of the requirement to have | ||||||
23 | the vehicle tested at least 30 days prior to the beginning | ||||||
24 | of the month in which the vehicle's registration is due to | ||||||
25 | expire. Notwithstanding the preceding, vehicles with | ||||||
26 | permanent registration plates shall be notified at least |
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1 | 30 days prior to the month corresponding to the date the | ||||||
2 | vehicle was originally registered. This notification shall | ||||||
3 | clearly state the vehicle's test status, based upon the | ||||||
4 | vehicle type, model year and registration address. | ||||||
5 | The owner of each vehicle subject to inspection shall | ||||||
6 | have the vehicle inspected and, upon demonstration of | ||||||
7 | compliance, obtain an emissions compliance certificate for | ||||||
8 | the vehicle. | ||||||
9 | (2) Except as provided in paragraphs (b)(3), (b)(4), | ||||||
10 | and (b)(5), vehicles shall be inspected every 2 years on a | ||||||
11 | schedule that begins in the fourth calendar year after the | ||||||
12 | vehicle model year. Even model year vehicles shall be | ||||||
13 | inspected and comply in order to renew registrations | ||||||
14 | expiring in even calendar years and odd model year | ||||||
15 | vehicles shall be inspected and comply in order to renew | ||||||
16 | registrations expiring in odd calendar years. | ||||||
17 | (3) A vehicle shall be inspected and comply at a time | ||||||
18 | outside of its normal 2-year inspection schedule if (i) | ||||||
19 | the vehicle was acquired by a new owner and (ii) the | ||||||
20 | vehicle had not been issued a Compliance Certificate | ||||||
21 | within one year of the date of application for the title or | ||||||
22 | registration, or both, for the vehicle. | ||||||
23 | (4) Vehicles with 2-year registrations shall be | ||||||
24 | inspected every 2 years at the time of registration | ||||||
25 | issuance or renewal on a schedule that begins in the | ||||||
26 | fourth year after the vehicle model year. |
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1 | (5) Vehicles with permanent vehicle registration | ||||||
2 | plates shall be inspected every 2 years on a schedule that | ||||||
3 | begins in the fourth calendar year after the vehicle model | ||||||
4 | year in the month corresponding to the date the vehicle | ||||||
5 | was originally registered. Even model year vehicles shall | ||||||
6 | be inspected and comply in even calendar years, and odd | ||||||
7 | model year vehicles shall be inspected and comply in odd | ||||||
8 | calendar years. | ||||||
9 | (6) The Agency and the Secretary of State shall | ||||||
10 | endeavor to ensure a smooth transition from test | ||||||
11 | scheduling from the provisions of subsection (a) to | ||||||
12 | subsection (b). Passing tests and waivers issued prior to | ||||||
13 | the implementation of this subsection (b) may be utilized | ||||||
14 | to establish compliance for a period of one year from the | ||||||
15 | date of the emissions or waiver inspection. | ||||||
16 | (7) For a $20 fee, to be paid into the Vehicle | ||||||
17 | Inspection Fund, the Agency may inspect: | ||||||
18 | (A) A vehicle registered in and subject to the | ||||||
19 | emissions inspections requirements of another state. | ||||||
20 | (B) A vehicle presented for inspection on a | ||||||
21 | voluntary basis. | ||||||
22 | Any fees collected under this paragraph (7) shall not | ||||||
23 | offset Motor Fuel Tax Funds normally appropriated for the | ||||||
24 | program. | ||||||
25 | (8) The following vehicles are not subject to | ||||||
26 | inspection: |
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1 | (A) Vehicles not subject to registration under | ||||||
2 | Article IV of Chapter 3 of this Code, other than | ||||||
3 | vehicles owned by the federal government. | ||||||
4 | (B) Motorcycles, motor driven cycles, and | ||||||
5 | motorized pedalcycles. | ||||||
6 | (C) Farm vehicles and implements of husbandry. | ||||||
7 | (D) Implements of warfare owned by the State or | ||||||
8 | federal government. | ||||||
9 | (E) Antique vehicles, expanded-use antique | ||||||
10 | vehicles, custom vehicles, street rods, and vehicles | ||||||
11 | of model year 1967 or before. | ||||||
12 | (F) Vehicles operated exclusively for parade or | ||||||
13 | ceremonial purposes by any veterans, fraternal, or | ||||||
14 | civic organization, organized on a not-for-profit | ||||||
15 | basis. | ||||||
16 | (G) Vehicles for which the Secretary of State, | ||||||
17 | under Section 3-117 of this Code, has issued a Junking | ||||||
18 | Certificate. | ||||||
19 | (H) Diesel powered vehicles and vehicles that are | ||||||
20 | powered exclusively by electricity. | ||||||
21 | (I) Vehicles operated exclusively in organized | ||||||
22 | amateur or professional sporting activities, as | ||||||
23 | defined in Section 3.310 of the Environmental | ||||||
24 | Protection Act. | ||||||
25 | (J) Vehicles registered in, subject to, and in | ||||||
26 | compliance with the emission inspection requirements |
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1 | of another state. | ||||||
2 | (K) Vehicles participating in an OBD continuous | ||||||
3 | monitoring program operated in accordance with | ||||||
4 | procedures adopted by the Agency. | ||||||
5 | (L) Vehicles of model year 1995 or earlier that do | ||||||
6 | not have an expired emissions test sticker or | ||||||
7 | certificate on February 1, 2007. | ||||||
8 | (M) Vehicles of model year 2006 or earlier with a | ||||||
9 | manufacturer gross vehicle weight rating between 8,501 | ||||||
10 | and 14,000 pounds. | ||||||
11 | (N) Vehicles with a manufacturer gross vehicle | ||||||
12 | weight rating greater than 14,000 pounds. | ||||||
13 | The Agency may issue temporary or permanent exemption | ||||||
14 | certificates for vehicles temporarily or permanently | ||||||
15 | exempt from inspection under this paragraph (8). An | ||||||
16 | exemption sticker or certificate does not need to be | ||||||
17 | displayed. | ||||||
18 | (9) According to criteria that the Agency may adopt, a | ||||||
19 | motor vehicle may be exempted from the inspection | ||||||
20 | requirements of this Section by the Agency on the basis of | ||||||
21 | an Agency determination that the vehicle is located and | ||||||
22 | primarily used outside of the affected counties and in | ||||||
23 | other jurisdictions where vehicle emissions inspections | ||||||
24 | are not required. The Agency may issue an annual exemption | ||||||
25 | certificate without inspection for any vehicle exempted | ||||||
26 | from inspection under this paragraph (9). |
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1 | (10) Any owner or lessee of a fleet of 15 or more motor | ||||||
2 | vehicles that are subject to inspection under this Section | ||||||
3 | may apply to the Agency for a permit to establish and | ||||||
4 | operate a private official inspection station in | ||||||
5 | accordance with rules adopted by the Agency. | ||||||
6 | (11) Pursuant to Title 40, Section 51.371 of the Code | ||||||
7 | of Federal Regulations, the Agency may establish a program | ||||||
8 | of on-road testing of in-use vehicles through the use of | ||||||
9 | remote sensing devices. In any such program, the Agency | ||||||
10 | shall evaluate the emission performance of 0.5% of the | ||||||
11 | subject fleet or 20,000 vehicles, whichever is less. Under | ||||||
12 | no circumstances shall on-road testing include any sort of | ||||||
13 | roadblock or roadside pullover or cause any type of | ||||||
14 | traffic delay. If, during the course of an on-road | ||||||
15 | inspection, a vehicle is found to exceed the on-road | ||||||
16 | emissions standards established for the model year and | ||||||
17 | type of vehicle, the Agency shall send a notice to the | ||||||
18 | vehicle owner. The notice shall document the occurrence | ||||||
19 | and the results of the on-road exceedance. The notice of a | ||||||
20 | second on-road exceedance shall indicate that the vehicle | ||||||
21 | has been reassigned and is subject to an out-of-cycle | ||||||
22 | follow-up inspection at an official inspection station. In | ||||||
23 | no case shall the Agency send a notice of an on-road | ||||||
24 | exceedance to the owner of a vehicle that was found to | ||||||
25 | exceed the on-road emissions standards established for the | ||||||
26 | model year and type of vehicle, if the vehicle is |
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1 | registered outside of the affected counties. | ||||||
2 | (Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; | ||||||
3 | 97-813, eff. 7-13-12.) |