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92_HB2568
LRB9201423DHmg
1 AN ACT in relation to vehicles.
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 Sections 13-103, 13-106, and 13-114 as follows:
6 (625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
7 Sec. 13-103. Official testing stations - Fee - Permit -
8 Bond. Upon the payment of a fee of $10 and the filing of an
9 application by the proprietor of any vehicle service station
10 or public or private garage upon forms furnished by the
11 Department, accompanied by proof of experience, training and
12 ability of the operator of the testing equipment, together
13 with proof of installation of approved testing equipment as
14 defined in Section 13-102 and the giving of a bond
15 conditioned upon faithful observance of this Section and of
16 rules and regulations issued by the Department in the amount
17 of $1,000 with security approved by the Department, the
18 Department shall issue a permit to the proprietor of that
19 such vehicle service station or garage to operate an Official
20 Testing Station. Such permit shall expire 12 months following
21 its issuance, but may be renewed annually by complying with
22 the requirements set forth in this Section and upon the
23 payment of a renewal fee of $10. Proprietors of official
24 testing stations for which permits have been issued prior to
25 the effective date of this Act may renew such permits for the
26 renewal fee of $10 on the expiration of each 12 months
27 following issuance of such permits, by complying with the
28 requirements set forth in this Section. However, any city,
29 village or incorporated town shall upon application to the
30 Department and without payment of any fee or filing of any
31 bond, but upon proof of experience, training and ability of
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1 the operator of the testing equipment, and proof of the
2 installation of approved testing equipment as defined in
3 Section 13-102, be issued a permit to operate such testing
4 station as an Official Testing Station under this Act. The
5 permit so issued shall at all times be displayed in a
6 prominent place in the vehicle service station, garage or
7 municipal testing station which is licensed as an Official
8 Testing Station under this Act. No person or vehicle service
9 station, garage or municipal testing station shall in any
10 manner claim or represent himself or itself to be an official
11 testing station unless a permit has been issued to him or it
12 as provided in this Section.
13 Any person or municipality who or which has received a
14 permit under this Section may test his or its own second
15 division vehicles and issue certificates of safety and
16 conduct emission inspections of his or its own second
17 division vehicles in accordance with the requirements of
18 Section 13-109.1 with respect to any such second division
19 vehicles owned, operated or controlled by him or it.
20 Each such permit issued by the Department shall state on
21 its face the location of the official testing station to be
22 operated under the permit and safety tests shall be made only
23 at such location. However, the Department may, upon
24 application, authorize a change in the location of the
25 official testing station and the removal of the testing
26 equipment to the new location. Upon approval of such
27 application, the Department shall issue an endorsement which
28 the applicant shall affix to his permit. Such endorsement
29 constitutes authority for the applicant to make such change
30 in location and to remove his testing equipment at the times
31 and to the places stated in the endorsement.
32 (Source: P.A. 91-254, eff. 7-1-00.)
33 (625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
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1 Sec. 13-106. Rates and charges by official testing
2 stations-Schedule to be filed. Every operator of an official
3 testing station shall file with the Department, in the manner
4 prescribed by the Department, a schedule of all rates and
5 charges made by him for performing the tests provided for in
6 Section 13-101 and Section 13-109.1. The Such rate or
7 charge shall include an amount to reimburse the operator of
8 the official testing station for the purchase from the
9 Department of the certificate of safety required by this
10 chapter, not to exceed that fee paid to the Department by the
11 operator authorized by this chapter. Such rates and charges
12 shall be just and reasonable and the Department upon its own
13 initiative or upon complaint of any person or corporation may
14 require the testing station operator to appear for a hearing
15 and prove that the rates so filed are just and reasonable. A
16 "just and reasonable" rate or charge, for the purposes of
17 this Section, means a rate or charge which is the same, or
18 nearly the same, as the prevailing rate or charge for the
19 same or similar tests made in the community where the station
20 is located. No operator may change this schedule of rates
21 and charges until the proposed changes are filed with and
22 approved by the Department. No license may be issued to any
23 official testing station unless the applicant has filed with
24 the Department a proposed schedule of rates and charges and
25 unless such rates and charges have been approved by the
26 Department. No operator of an official testing station shall
27 charge more or less than the rates so filed with and approved
28 by the Department.
29 (Source: P.A. 91-254, eff. 7-1-00.)
30 (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
31 Sec. 13-114. Interstate carriers of property. Any
32 vehicle registered in Illinois and operated by an interstate
33 carrier of property shall be exempt from the provisions of
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1 this Chapter if the provided such carrier has registered with
2 the Bureau of Motor Carrier Safety of the Federal Highway
3 Administration as an interstate motor carrier of property and
4 has been assigned a federal census number by such Bureau. An
5 interstate carrier of property, however, is not exempt from
6 the provisions of Section 13-111(b) of this Chapter.
7 Any vehicle registered in Illinois and operated by a
8 private interstate carrier of property shall be exempt from
9 the provisions of this Chapter, except the provisions of
10 Section 13-111(b), provided it:
11 1. is registered with the Bureau of Motor Carrier
12 Safety of the Federal Highway Administration, and
13 2. carries in the motor vehicle documentation
14 issued by the Bureau of Motor Carrier Safety of the
15 Federal Highway Administration displaying the federal
16 census number assigned, and
17 3. displays on the sides of the motor vehicle the
18 census number, which must be no less than 2 inches high,
19 with a brush stroke no less than 1/4 inch wide in a
20 contrasting color.
21 Notwithstanding any other provision of this Section, each
22 diesel powered vehicle that is registered for a gross weight
23 of more than 16,000 pounds or has a gross vehicle weight
24 rating of more than 16,000 pounds and that is operated by an
25 interstate carrier of property or a private interstate
26 carrier of property within the affected area is subject only
27 to the provisions of this Chapter that pertain to
28 nonscheduled diesel emission inspections.
29 (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)