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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
91_SB1503enr SB1503 Enrolled LRB9112809DHpr 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 13-102.1, 13-109.1, and 13-114. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 13-102.1, 13-109.1, and 13-114 as follows: 7 (625 ILCS 5/13-102.1) 8 (This Section may contain text from a Public Act with a 9 delayed effective date) 10 Sec. 13-102.1. Diesel powered vehicle emission 11 inspection report. Beginning July 1, 2000, the Department of 12 Transportation and the Department of State Police shall each 13 conduct an annual study concerned with the results of 14 emission inspections for diesel powered vehicles registered 15 for a gross weight of more than 16,000 pounds or having a 16 gross vehicle weight rating of more than 16,000 pounds. The 17 studiesstudyshall be reported to the General Assembly by 18 June 30, 2001, and every June 30 thereafter. The studies 19studyshall also be sent to the Illinois Environmental 20 Protection Agency for its use in environmental matters. 21 The studies shall include, but not be limited to, the 22 following information: 23 (a) the number of diesel powered vehicles that were 24 inspected for emission compliance by the respective 25 departments pursuant to this Chapter 13 during the 26 previous year; 27 (b) the number of diesel powered vehicles that 28 failed and passed the emission inspections conducted by 29 the respective departments required pursuant to this 30 Chapter 13 during the previous year; and 31 (c) the number of diesel powered vehicles that SB1503 Enrolled -2- LRB9112809DHpr 1 failed the emission inspections conducted by the 2 respective departments pursuant to this Chapter 13 more 3 than once in the previous year. 4 (Source: P.A. 91-254, eff. 7-1-00.) 5 (625 ILCS 5/13-109.1) 6 (This Section may contain text from a Public Act with a 7 delayed effective date) 8 Sec. 13-109.1. Annual and nonscheduled emission 9 inspection tests; standards; penalties; funds. 10 (a) For each diesel powered vehicle that (i) is 11 registered for a gross weight of more than 16,000 pounds, 12 (ii) is registered within an affected area, and (iii) is a 2 13 year or older model year, an annual emission inspection test 14 shall be conducted at an official testing station certified 15 by the Illinois Department of Transportation to perform 16 diesel emission inspections pursuant to the standards set 17 forth in subsection (b) of this Section. This annual 18 emission inspection test may be conducted in conjunction with 19 a semi-annual safety test. 20 (a-5) Beginning October 1, 2000, the Department of State 21 Police is authorized to perform nonscheduled emission 22 inspections for cause, at any place within an affected area, 23 of any diesel powered vehicles that are operated on the 24 roadways of this State, and are registered for a gross weight 25 of more than 16,000 pounds or have a gross vehicle weight 26 rating of more than 16,000 pounds. The inspections shall 27 adhere to the procedures and standards set forth in 28 subsection (b). These nonscheduled emission inspections 29 shall be conducted by the Department of State Police at weigh 30 stations, roadside, or other safe and reasonable locations 31 within an affected area. Before any person may inspect a 32 diesel vehicle under this Section, he or she must receive 33 adequate training and certification for diesel emission SB1503 Enrolled -3- LRB9112809DHpr 1 inspections by the Department of State Police. The 2 Department of State Police shall adopt rules for the training 3 and certification of persons who conduct emission inspections 4 under this Section. 5 (b) Diesel emission inspections conducted under this 6 Chapter 13 shall be conducted in accordance with the Society 7 of Automotive Engineers Recommended Practice J1667 8 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel 9 Powered Vehicles" and the cutpoint standards set forth in the 10 United States Environmental Protection Agency guidance 11 document "Guidance to States on Smoke Opacity Cutpoints to be 12 used with the SAE J1667 In-Use Smoke Test Procedure". Those 13 procedures and standards, as now in effect, are made a part 14 of this Code, in the same manner as though they were set out 15 in full in this Code. 16 Notwithstanding the above cutpoint standards, for motor 17 vehicles that are model years 1973 and older, until December 18 31, 2002, the level of peak smoke opacity shall not exceed 70 19 percent. Beginning January 1, 2003, for motor vehicles that 20 are model years 1973 and older, the level of peak smoke 21 opacity shall not exceed 55 percent. 22 (c) If the annual emission inspection under subsection 23 (a) reveals that the vehicle is not in compliance with the 24 diesel emission standards set forth in subsection (b) of this 25 Section, the operator of the official testing station shall 26 issue a warning notice requiring correction of the violation. 27 The correction shall be made and the vehicle submitted to an 28 emissions retest at an official testing station certified by 29 the Department to perform diesel emission inspections within 30 30 days from the issuance of the warning notice requiring 31 correction of the violation. 32 If, within 30 days from the issuance of the warning 33 notice, the vehicle is not in compliance with the diesel 34 emission standards set forth in subsection (b) as determined SB1503 Enrolled -4- LRB9112809DHpr 1 by an emissions retest at an official testing station, the 2 operator of the official testing station or the Department 3 shall place the vehicle out-of-service in accordance with the 4 rules promulgated by the Department. Operating a vehicle that 5 has been placed out-of-service under this subsection (c) is a 6 petty offense punishable by a $1,000 fine. The vehicle must 7 pass a diesel emission inspection at an official testing 8 station before it is again placed in service. The Secretary 9 of State, Department of State Police, and other law 10 enforcement officers shall enforce this Section. No emergency 11 vehicle, as defined in Section 1-105, may be placed 12 out-of-service pursuant to this Section. 13 The Department or an official testing station may issue a 14 certificate of waiver subsequent to a reinspection of a 15 vehicle that failed the emissions inspection. Certificate of 16 waiver shall be issued upon determination that documented 17 proof demonstrates that emissions repair costs for the 18 noncompliant vehicle of at least $3,000 have been spent in an 19 effort to achieve compliance with the emission standards set 20 forth in subsection (b). The Department of Transportation 21 shall adopt rules for the implementation of this subsection 22 including standards of documented proof as well as the 23 criteria by which a waiver shall be granted. 24 (c-5) If a nonscheduled inspection reveals that the 25 vehicle is not in compliance with the diesel emission 26 standards set forth in subsection (b), the operator of the 27 vehicle is guilty of a petty offense punishable by a $400 28 fine, and a State Police officer shall issue a citation for a 29 violation of the standards. A third or subsequent violation 30 within one year of the first violation is a petty offense 31 punishable by a $1,000 fine. An operator who receives a 32 citation under this subsection shall not, within 30 days of 33 the initial citation, receive a second or subsequent citation 34 for operating the same vehicle in violation of the emission SB1503 Enrolled -5- LRB9112809DHpr 1 standards set forth in subsection (b). 2 (d) There is hereby created within the State Treasury a 3 special fund to be known as the Diesel Emissions Testing 4 Fund, constituted from the fines collected pursuant to 5 subsectionssubsection(c) and (c-5) of this Section. Subject 6 to appropriation, moneys from the Diesel Emissions Testing 7 Fund shall be available, as a supplement to moneys 8 appropriated from the General Revenue Fund, to the Department 9 of Transportation and the Department of State Police for 10 theiritsimplementation of the diesel emission inspection 11 requirements under this Chapter 13. All moneys received from 12 fines imposed under this Section shall be paid into the 13 Diesel Emissions Testing Fund. All citations issued pursuant 14 to this Section shall be considered non-moving violations. 15 The Department of Transportation and the Department of State 16 Police areisauthorized to promulgate rules to implement 17 theiritsresponsibilities under this Section. 18 (Source: P.A. 91-254, eff. 7-1-00.) 19 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114) 20 (Text of Section before amendment by P.A. 91-254) 21 Sec. 13-114. Interstate carriers of property. Any 22 vehicle registered in Illinois and operated by an interstate 23 carrier of property shall be exempt from the provisions of 24 this Chapter provided such carrier has registered with the 25 Bureau of Motor Carrier Safety of the Federal Highway 26 Administration as an interstate motor carrier of property and 27 has been assigned a federal census number by such Bureau. An 28 interstate carrier of property, however, is not exempt from 29 the provisions of Section 13-111(b) of this Chapter. 30 Any vehicle registered in Illinois and operated by a 31 private interstate carrier of property shall be exempt from 32 the provisions of this Chapter, except the provisions of 33 Section 13-111(b), provided it: SB1503 Enrolled -6- LRB9112809DHpr 1 1. Is registered with the Bureau of Motor Carrier Safety 2 of the Federal Highway Administration, and 3 2. Carries in the motor vehicle documentation issued by 4 the Bureau of Motor Carrier Safety of the Federal Highway 5 Administration displaying the federal census number assigned, 6 and 7 3. Displays on the sides of the motor vehicle the census 8 number, which must be no less than 2 inches high, with a 9 brush stroke no less than 1/4 inch wide in a contrasting 10 color. 11 (Source: P.A. 85-1407.) 12 (Text of Section after amendment by P.A. 91-254) 13 Sec. 13-114. Interstate carriers of property. Any 14 vehicle registered in Illinois and operated by an interstate 15 carrier of property shall be exempt from the provisions of 16 this Chapter provided such carrier has registered with the 17 Bureau of Motor Carrier Safety of the Federal Highway 18 Administration as an interstate motor carrier of property and 19 has been assigned a federal census number by such Bureau. An 20 interstate carrier of property, however, is not exempt from 21 the provisions of Section 13-111(b) of this Chapter. 22 Any vehicle registered in Illinois and operated by a 23 private interstate carrier of property shall be exempt from 24 the provisions of this Chapter, except the provisions of 25 Section 13-111(b), provided it: 26 1. is registered with the Bureau of Motor Carrier 27 Safety of the Federal Highway Administration, and 28 2. carries in the motor vehicle documentation 29 issued by the Bureau of Motor Carrier Safety of the 30 Federal Highway Administration displaying the federal 31 census number assigned, and 32 3. displays on the sides of the motor vehicle the 33 census number, which must be no less than 2 inches high, 34 with a brush stroke no less than 1/4 inch wide in a SB1503 Enrolled -7- LRB9112809DHpr 1 contrasting color. 2 Notwithstanding any other provision of this Section, each 3 diesel powered vehicle that is registered for a gross weight 4 of more than 16,000 pounds or has a gross vehicle weight 5 rating of more than 16,000 pounds, registered within the6affected area,and that is operated by an interstate carrier 7 of property or a private interstate carrier of property 8 within the affected area is subject only to the provisions of 9 this Chapter that pertain to nonscheduled diesel emission 10 inspections. 11 (Source: P.A. 91-254, eff. 7-1-00.) 12 Section 95. No acceleration or delay. Where this Act 13 makes changes in a statute that is represented in this Act by 14 text that is not yet or no longer in effect (for example, a 15 Section represented by multiple versions), the use of that 16 text does not accelerate or delay the taking effect of (i) 17 the changes made by this Act or (ii) provisions derived from 18 any other Public Act. 19 Section 99. Effective date. This Act takes effect on 20 July 1, 2000.