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92_HB4344
LRB9213778DHgc
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 adding Sections 1-106.1, 1-113.1, 1-202.1, 3-804.1, and
6 3-804.2 and by changing Sections 3-104, 4-209, 12-201,
7 12-205, 12-208, 12-301, 12-501, 12-608, 13-101, 13A-104, and
8 13B-15 as follows:
9 (625 ILCS 5/1-106.1 new)
10 Sec. 1-106.1. Blue dot tail light. A red lamp installed
11 in the rear of a vehicle containing a blue or purple insert
12 that is not more than one inch in diameter.
13 (625 ILCS 5/1-113.1 new)
14 Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
15 least 25 years of age and of a model year after 1948 or a
16 vehicle that was manufactured to resemble a vehicle at least
17 25 years of age and of a model year after 1948 and has been
18 altered from the manufacturer's original design or has a body
19 constructed from non-original materials and which is
20 maintained for occasional transportation, exhibitions, club
21 activities, parades, tours, and similar uses and which is not
22 used for general daily transportation.
23 (625 ILCS 5/1-202.1 new)
24 Sec. 1-202.1. Street rod. A motor vehicle that is a
25 1948 or older vehicle or a vehicle that was manufactured
26 after 1948 to resemble a vehicle that was manufactured before
27 1949 and has been altered from the manufacturer's original
28 design or has a body constructed from non-original materials
29 and which is maintained for occasional transportation,
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1 exhibitions, club activities, parades, tours, and similar
2 uses and which is not used for general daily transportation.
3 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
4 Sec. 3-104. Application for certificate of title.
5 (a) The application for a certificate of title for a
6 vehicle in this State must be made by the owner to the
7 Secretary of State on the form prescribed and must contain:
8 1. The name, Illinois residence and mail address of
9 the owner;
10 2. A description of the vehicle including, so far
11 as the following data exists: Its make, year-model,
12 identifying number, type of body, whether new or used, as
13 to house trailers as defined in Section 1-128 of this
14 Code, the square footage of the house trailer based upon
15 the outside dimensions of the house trailer excluding the
16 length of the tongue and hitch, and, as to vehicles of
17 the second division, whether for-hire, not-for-hire, or
18 both for-hire and not-for-hire;
19 3. The date of purchase by applicant and, if
20 applicable, the name and address of the person from whom
21 the vehicle was acquired and the names and addresses of
22 any lienholders in the order of their priority and
23 signatures of owners;
24 4. The current odometer reading at the time of
25 transfer and that the stated odometer reading is one of
26 the following: actual mileage, not the actual mileage or
27 mileage is in excess of its mechanical limits; and
28 5. Any further information the Secretary of State
29 reasonably requires to identify the vehicle and to enable
30 him to determine whether the owner is entitled to a
31 certificate of title and the existence or nonexistence of
32 security interests in the vehicle.
33 An application for a certificate of title for a custom
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1 vehicle or street rod must contain, with regard to the model
2 year of the vehicle, the model year that the body of the
3 vehicle resembles.
4 (b) If the application refers to a vehicle purchased
5 from a dealer, it must also be signed by the dealer as well
6 as the owner, and the dealer must promptly mail or deliver
7 the application and required documents to the Secretary of
8 State.
9 (c) If the application refers to a vehicle last
10 previously registered in another State or country, the
11 application must contain or be accompanied by:
12 1. Any certified document of ownership so
13 recognized and issued by the other State or country and
14 acceptable to the Secretary of State, and
15 2. Any other information and documents the
16 Secretary of State reasonably requires to establish the
17 ownership of the vehicle and the existence or
18 nonexistence of security interests in it.
19 (d) If the application refers to a new vehicle it must
20 be accompanied by the Manufacturer's Statement of Origin, or
21 other documents as required and acceptable by the Secretary
22 of State, with such assignments as may be necessary to show
23 title in the applicant.
24 (e) If an application refers to a vehicle rebuilt from a
25 vehicle previously salvaged, that application shall comply
26 with the provisions set forth in Sections 3-302 through 3-304
27 of this Code.
28 (f) An application for a certificate of title for any
29 vehicle, whether purchased in Illinois or outside Illinois,
30 and even if previously registered in another State, must be
31 accompanied by either an exemption determination from the
32 Department of Revenue showing that no tax imposed pursuant to
33 the Use Tax Act or the vehicle use tax imposed by Section
34 3-1001 of the Illinois Vehicle Code is owed by anyone with
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1 respect to that vehicle, or a receipt from the Department of
2 Revenue showing that any tax so imposed has been paid. An
3 application for a certificate of title for any vehicle
4 purchased outside Illinois, even if previously registered in
5 another state, must be accompanied by either an exemption
6 determination from the Department of Revenue showing that no
7 tax imposed pursuant to the Municipal Use Tax Act or the
8 County Use Tax Act is owed by anyone with respect to that
9 vehicle, or a receipt from the Department of Revenue showing
10 that any tax so imposed has been paid. In the absence of
11 such a receipt for payment or determination of exemption from
12 the Department, no certificate of title shall be issued to
13 the applicant.
14 If the proof of payment of the tax or of nonliability
15 therefor is, after the issuance of the certificate of title
16 and display certificate of title, found to be invalid, the
17 Secretary of State shall revoke the certificate and require
18 that the certificate of title and, when applicable, the
19 display certificate of title be returned to him.
20 (g) If the application refers to a vehicle not
21 manufactured in accordance with federal safety and emission
22 standards, the application must be accompanied by all
23 documents required by federal governmental agencies to meet
24 their standards before a vehicle is allowed to be issued
25 title and registration.
26 (h) If the application refers to a vehicle sold at
27 public sale by a sheriff, it must be accompanied by the
28 required fee and a bill of sale issued and signed by a
29 sheriff. The bill of sale must identify the new owner's name
30 and address, the year model, make and vehicle identification
31 number of the vehicle, court order document number
32 authorizing such sale, if applicable, and the name and
33 address of any lienholders in order of priority, if
34 applicable.
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1 (i) If the application refers to a vehicle for which a
2 court of law determined the ownership, it must be accompanied
3 with a certified copy of such court order and the required
4 fee. The court order must indicate the new owner's name and
5 address, the complete description of the vehicle, if known,
6 the name and address of the lienholder, if any, and must be
7 signed and dated by the judge issuing such order.
8 (j) If the application refers to a vehicle sold at
9 public auction pursuant to the Labor and Storage Lien (Small
10 Amount) Act, it must be accompanied by an affidavit or
11 affirmation furnished by the Secretary of State along with
12 the documents described in the affidavit or affirmation and
13 the required fee.
14 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
15 90-655, eff. 7-30-98.)
16 (625 ILCS 5/3-804.1 new)
17 Sec. 3-804.1. Custom vehicles.
18 (a) The owner of a custom vehicle may register that
19 vehicle for a fee not to exceed $13 for a 2-year custom
20 vehicle plate. The application for registration must be
21 accompanied by an affirmation of the owner that the vehicle
22 will be maintained for occasional transportation,
23 exhibitions, club activities, parades, tours, and similar
24 uses and will not be used for general daily transportation
25 and also affirming that the mechanical condition, physical
26 condition, brakes, lights, glass, and appearance of the
27 vehicle is the same or as safe as originally equipped. The
28 Secretary may, in his or her discretion, prescribe that
29 custom vehicle plates be issued for a definite or an
30 indefinite term, the term to correspond to the term of
31 registration plates issued generally, as provided in Section
32 3-414.1. In no event may the registration fee for custom
33 vehicles exceed $6 per registration year. Any person
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1 requesting custom vehicle plates under this Section may also
2 apply to have vanity or personalized plates as provided under
3 Section 3-405.1.
4 (b) Any person who is the registered owner of a custom
5 vehicle may display a historical license plate from or
6 representing the model year the body of the vehicle
7 resembles, furnished by the person, in lieu of the current
8 custom vehicle and valid Illinois antique vehicle plates
9 issued to the person, provided that valid and current
10 Illinois custom vehicle plates and registration card issued
11 to the custom vehicle are simultaneously carried within the
12 vehicle and are available for inspection.
13 (625 ILCS 5/3-804.2 new)
14 Sec. 3-804.2. Street rods.
15 (a) The owner of street rod may register the vehicle for
16 a fee not to exceed $13 for a 2-year street rod plate. The
17 application for registration must be accompanied by an
18 affirmation of the owner that the vehicle will be maintained
19 for occasional transportation, exhibitions, club activities,
20 parades, tours, and similar uses and will not be used for
21 general daily transportation and also affirming that the
22 mechanical condition, physical condition, brakes, lights,
23 glass, and appearance of the vehicle is the same or as safe
24 as originally equipped. The Secretary may, in his or her
25 discretion, prescribe that street rod plates be issued for a
26 definite or an indefinite term, the term to correspond to the
27 term of registration plates issued generally, as provided in
28 Section 3-414.1. In no event may the registration fee for
29 street rods exceed $6 per registration year. Any person
30 requesting street rod plates under this Section may also
31 apply to have vanity or personalized plates as provided under
32 Section 3-405.1.
33 (b) Any person who is the registered owner of a street
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1 rod may display a historical license plate from or
2 representing the model year the body of the vehicle
3 resembles, furnished by the person, in lieu of the current
4 and valid Illinois street rod plates issued to the vehicle,
5 provided that valid and current Illinois street rod plates
6 and registration card issued to the vehicle are
7 simultaneously carried within the vehicle and are available
8 for inspection.
9 (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
10 Sec. 4-209. Disposal of unclaimed vehicles more than 7
11 years of age; disposal of abandoned or unclaimed vehicles
12 without notice.
13 (a) When the identity of the registered owner,
14 lienholder, or other legally entitled persons of an
15 abandoned, lost, or unclaimed vehicle of 7 years of age or
16 newer cannot be determined by any means provided for in this
17 Chapter, the vehicle may be sold as provided in Section 4-208
18 without notice to any person whose identity cannot be
19 determined.
20 (b) When an abandoned vehicle of more than 7 years of
21 age is impounded as specified by this Chapter, or when any
22 such vehicle is towed at the request or with the consent of
23 the owner or operator and is subsequently abandoned, it will
24 be kept in custody or storage for a minimum of 10 days for
25 the purpose of determining the identity of the registered
26 owner, lienholder, or other legally entitled persons and
27 contacting the registered owner, lienholder, or other legally
28 entitled persons by the U. S. Mail, public service or in
29 person for a determination of disposition; and, an
30 examination of the State Police stolen vehicle files for
31 theft and wanted information. At the expiration of the 10 day
32 period, without the benefit of disposition information being
33 received from the registered owner, lienholder, or other
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1 legally entitled persons, the vehicle may be disposed of in
2 either of the following ways:
3 (1) The law enforcement agency having jurisdiction
4 will authorize the disposal of the vehicle as junk or
5 salvage.
6 (2) The towing service may sell the vehicle in the
7 manner provided in Section 4-208 of this Code, provided
8 that this paragraph (2) shall not apply to vehicles towed
9 by order or authorization of a law enforcement agency.
10 (c) A vehicle classified as an antique vehicle, custom
11 vehicle, or street rod may however be sold to a person
12 desiring to restore it.
13 (Source: P.A. 89-433, eff. 12-15-95.)
14 (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
15 Sec. 12-201. When lighted lamps are required.
16 (a) When operated upon any highway in this State, every
17 motorcycle shall at all times exhibit at least one lighted
18 lamp, showing a white light visible for at least 500 feet in
19 the direction the motorcycle is proceeding. However, in lieu
20 of such lighted lamp, a motorcycle may be equipped with and
21 use a means of modulating the upper beam of the head lamp
22 between high and a lower brightness. No such head lamp shall
23 be modulated, except to otherwise comply with this Code,
24 during times when lighted lamps are required for other motor
25 vehicles.
26 (b) All other motor vehicles shall exhibit at least 2
27 lighted head lamps, with at least one on each side of the
28 front of the vehicle, which satisfy United States Department
29 of Transportation requirements, showing white lights,
30 including that emitted by high intensity discharge (HID)
31 lamps, or lights of a yellow or amber tint, during the period
32 from sunset to sunrise, at times when rain, snow, fog, or
33 other atmospheric conditions require the use of windshield
-9- LRB9213778DHgc
1 wipers, and at any other times when, due to insufficient
2 light or unfavorable atmospheric conditions, persons and
3 vehicles on the highway are not clearly discernible at a
4 distance of 1000 feet. Parking lamps may be used in addition
5 to but not in lieu of such head lamps. Every motor vehicle,
6 trailer, or semi-trailer shall also exhibit at least 2
7 lighted lamps, commonly known as tail lamps, which shall be
8 mounted on the left rear and right rear of the vehicle so as
9 to throw a red light visible for at least 500 feet in the
10 reverse direction, except that a truck tractor or road
11 tractor manufactured before January 1, 1968 and all
12 motorcycles need be equipped with only one such tail lamp. A
13 custom vehicle or street rod may use blue dot tail lights as
14 tail lamps.
15 (c) Either a tail lamp or a separate lamp shall be so
16 constructed and placed as to illuminate with a white light a
17 rear registration plate when required and render it clearly
18 legible from a distance of 50 feet to the rear. Any tail lamp
19 or tail lamps, together with any separate lamp or lamps for
20 illuminating a rear registration plate, shall be so wired as
21 to be lighted whenever the head lamps or auxiliary driving
22 lamps are lighted.
23 (d) A person shall install only head lamps that satisfy
24 United States Department of Transportation regulations and
25 show white light, including that emitted by HID lamps, or
26 light of a yellow or amber tint for use by a motor vehicle.
27 (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00;
28 92-16, eff. 6-28-01.)
29 (625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
30 Sec. 12-205. Lamps on other vehicles and equipment. Every
31 vehicle, including animal drawn vehicles, referred to in
32 paragraph (b) of Section 12-101, not specifically required by
33 the provisions of this Article to be equipped with lamps or
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1 other lighting devices, shall at all times specified in
2 Section 12-201 of this Act be equipped with at least 2 lamps
3 on the power or towing unit, displaying a white light visible
4 from a distance of not less than 1,000 feet to the front of
5 such vehicle and shall also be equipped with 2 lamps each
6 displaying a red light visible from a distance of not less
7 than 1,000 feet to the rear of such vehicle.
8 Where the towed unit or any load thereon partially or
9 totally obscures the 2 lamps displaying red light to the rear
10 of the towing unit, the rearmost towed unit shall be equipped
11 with 2 lamps displaying red light visible from a distance of
12 not less than 1,000 feet to the rear of such towed unit which
13 are positioned in such a manner as to not obstruct the
14 visibility of the red light to any vehicle operator
15 approaching from the rear of such vehicle or combination of
16 vehicles.
17 Where the 2 lamps displaying red light are not obscured
18 by the towed unit or its load, then either towing unit or
19 towed unit, or both, may be equipped with the 2 lamps
20 displaying red light as required.
21 The preceding paragraph does not apply to antique
22 vehicles, custom vehicles, or street rods. An antique vehicle
23 shall and a custom vehicle or street rod may be equipped with
24 lamps of the same type originally installed by the
25 manufacturer as original equipment and in working order.
26 (Source: P.A. 85-830.)
27 (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
28 Sec. 12-208. Signal lamps and signal devices.
29 (a) Every vehicle other than an antique vehicle
30 displaying an antique plate, a custom vehicle displaying a
31 custom vehicle plate, or a street rod displaying a street rod
32 plate operated in this State shall be equipped with a stop
33 lamp or lamps on the rear of the vehicle which shall display
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1 a red or amber light visible from a distance of not less than
2 500 feet to the rear in normal sunlight and which shall be
3 actuated upon application of the service (foot) brake, and
4 which may but need not be incorporated with other rear lamps.
5 During times when lighted lamps are not required, an antique
6 vehicle, custom vehicle, or street rod may be equipped with a
7 stop lamp or lamps on the rear of such vehicle of the same
8 type originally installed by the manufacturer as original
9 equipment and in working order. However, at all other times,
10 such antique vehicle, custom vehicle, or street rod must be
11 equipped with stop lamps meeting the requirements of Section
12 12-208 of this Act, except that a custom vehicle or street
13 rod may use blue dot tail lights for stop lamps.
14 (b) Every motor vehicle other than an antique vehicle
15 displaying an antique plate, a custom vehicle displaying a
16 custom vehicle plate, or a street rod displaying a street rod
17 plate shall be equipped with an electric turn signal device
18 which shall indicate the intention of the driver to turn to
19 the right or to the left in the form of flashing lights
20 located at and showing to the front and rear of the vehicle
21 on the side of the vehicle toward which the turn is to be
22 made. The lamps showing to the front shall be mounted on the
23 same level and as widely spaced laterally as practicable and,
24 when signaling, shall emit a white or amber light, or any
25 shade of light between white and amber. The lamps showing to
26 the rear shall be mounted on the same level and as widely
27 spaced laterally as practicable and, when signaling, shall
28 emit a red or amber light. An antique vehicle shall and a
29 custom vehicle or street rod may be equipped with a turn
30 signal device of the same type originally installed by the
31 manufacturer as original equipment and in working order. A
32 custom vehicle or street rod may use blue dot tail lights for
33 rear turn indicator lamps.
34 (c) Every trailer and semitrailer shall be equipped with
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1 an electric turn signal device which indicates the intention
2 of the driver in the power unit to turn to the right or to
3 the left in the form of flashing red or amber lights located
4 at the rear of the vehicle on the side toward which the turn
5 is to be made and mounted on the same level and as widely
6 spaced laterally as practicable.
7 (d) Turn signal lamps must be visible from a distance of
8 not less than 300 feet in normal sunlight.
9 (e) Motorcycles and motor-driven cycles need not be
10 equipped with electric turn signals. Antique vehicles need
11 not be equipped with turn signals unless such were installed
12 by the manufacturer as original equipment.
13 (Source: P.A. 77-37.)
14 (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
15 Sec. 12-301. Brakes.
16 (a) Brake equipment required.
17 1. Every motor vehicle, other than a motor-driven
18 cycle, and an antique vehicle displaying an antique
19 plate, a custom vehicle displaying a custom vehicle
20 plate, and a street rod displaying a street rod plate,
21 when operated upon a highway, shall be equipped with
22 brakes adequate to control the movement of and to stop
23 and hold such vehicle, including 2 separate means of
24 applying the brakes, each of which means shall be
25 effective to apply the brakes to at least one wheel on a
26 motorcycle and at least 2 wheels on all other first
27 division and second division vehicles. If these 2
28 separate means of applying the brakes are connected in
29 any way, they shall be so constructed that failure of any
30 one part of the operating mechanism shall not leave the
31 motor vehicle without brakes.
32 2. Every motor-driven cycle when operated upon a
33 highway shall be equipped with at least one brake which
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1 may be operated by hand or foot.
2 3. Every antique vehicle shall and every custom
3 vehicle and street rod may be equipped with the brakes of
4 the same type originally installed by the manufacturer as
5 original equipment and in working order.
6 4. Every trailer or semitrailer of a gross weight
7 of over 3,000 pounds, when operated upon a highway must
8 be equipped with brakes adequate to control the movement
9 of, to stop and to hold such vehicle, and designed so as
10 to be operable by the driver of the towing vehicle from
11 its cab. Such brakes must be so designed and connected
12 that in case of an accidental breakaway of a towed
13 vehicle over 5,000 pounds, the brakes are automatically
14 applied.
15 5. Every motor vehicle, trailer, pole trailer or
16 semitrailer, sold in this State or operated upon the
17 highways shall be equipped with service brakes upon all
18 wheels of every such vehicle, except any motor-driven
19 cycle, and except that any trailer, pole trailer or
20 semitrailer 3,000 pounds gross weight or less need not be
21 equipped with brakes, and except that any trailer or
22 semitrailer with gross weight over 3,000 pounds but under
23 5,001 pounds need be equipped with brakes on only one
24 wheel on each side of the vehicle. Any motor vehicle and
25 truck tractor having 3 or more axles and manufactured
26 prior to July 25, 1980 need not have brakes on the front
27 wheels, except when such vehicles are equipped with at
28 least 2 steerable axles, the wheels of one such axle need
29 not be equipped with brakes. However, a vehicle that is
30 more than 30 years of age and which is driven on the
31 highways only in going to and returning from an antique
32 auto show or for servicing or for a demonstration need be
33 equipped with 2 wheel brakes only.
34 (b) Performance ability of brakes.
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1 1. The service brakes upon any motor vehicle or
2 combination of vehicles operating on a level surface
3 shall be adequate to stop such vehicle or vehicles when
4 traveling 20 miles per hour within a distance of 30 feet
5 when upon dry asphalt or concrete pavement surface free
6 from loose material.
7 2. Under the above conditions the hand brake shall
8 be adequate to stop such vehicle or vehicles, except any
9 motorcycle, within a distance of 55 feet and the hand
10 brake shall be adequate to hold such vehicle or vehicles
11 stationary on any grade upon which operated.
12 3. Under the above conditions the service brakes
13 upon an antique vehicle, custom vehicle, or street rod
14 shall be adequate to stop the vehicle within a distance
15 of 40 feet and the hand brake adequate to stop the
16 vehicle within a distance of 55 feet.
17 4. All braking distances specified in this Section
18 apply to all vehicles mentioned, whether such vehicles
19 are unloaded or are loaded to the maximum capacity
20 permitted under this Act.
21 5. All brakes shall be maintained in good working
22 order and shall be so adjusted as to operate as equally
23 as practicable with respect to the wheels on opposite
24 sides of the vehicle.
25 6. Brake assembly requirements for mobile homes
26 shall be the standards required by the United States
27 Department of Housing and Urban Development adopted under
28 Title VI of the Housing and Community Development Act of
29 1974.
30 (Source: P.A. 86-447; 86-1340.)
31 (625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
32 Sec. 12-501. Windshields and safety glazing material in
33 motor vehicles.
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1 (a) Every motor vehicle operated upon the highways of
2 this State shall be equipped with a front windshield which
3 complies with those standards as established pursuant to this
4 Section and Section 12-503 of this Code. This subsection
5 shall not apply to motor vehicles designed and used
6 exclusively for off-highway use, motorcycles, motor-driven
7 cycles, motorized pedalcycles, nor to motor vehicles
8 registered as antique vehicles, custom vehicles, or street
9 rods when the original design of such vehicles did not
10 include front windshields.
11 (b) No person shall knowingly sell any 1936 or later
12 model motor vehicle unless such vehicle is equipped with
13 safety glazing material conforming to specifications
14 prescribed by the Department wherever glazing material is
15 used in doors, windows and windshields. Regulations
16 promulgated by the Department specifying standards for safety
17 glazing material on windshields shall, as a minimum, conform
18 with those applicable Federal Motor Vehicles Safety Standards
19 (49 CFR 571.205). These provisions apply to all motor
20 vehicles of the first and second division but with respect to
21 trucks, including truck tractors, the requirements as to
22 safety glazing material apply to all glazing material used in
23 doors, windows and windshields in the drivers' compartments
24 of such vehicles.
25 (c) It is unlawful for the owner or any other person
26 knowingly to install or cause to be installed in any motor
27 vehicle any glazing material other than safety glazing
28 material conforming to the specifications prescribed by the
29 Department.
30 (Source: P.A. 85-1144.)
31 (625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
32 Sec. 12-608. Bumpers.
33 (a) It shall be unlawful to operate any motor vehicle
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1 with a gross vehicle weight rating of 9,000 pounds or less or
2 any motor vehicle registered as a recreational vehicle under
3 this Code on any highway of this State unless such motor
4 vehicle is equipped with both a front and rear bumper.
5 Except as indicated below, maximum bumper heights of such
6 motor vehicles shall be determined by weight category of
7 gross vehicle weight rating (GVWR) measured from a level
8 surface to the highest point of the bottom of the bumper when
9 the vehicle is unloaded and the tires are inflated to the
10 manufacturer's recommended pressure.
11 Maximum bumper heights are as follows:
12 Maximum Front Maximum Rear
13 Bumper height Bumper Height
14 All motor vehicles of the first
15 division except multipurpose
16 passenger vehicles: 22 inches 22 inches
17 Multipurpose passenger vehicles and
18 all other motor vehicles:
19 4,500 lbs. and under GVWR 24 inches 26 inches
20 4,501 lbs. through 7,500
21 lbs. GVWR 27 inches 29 inches
22 7,501 lbs. through 9,000
23 lbs. GVWR 28 inches 30 inches
24 For any vehicle with bumpers or attaching components
25 which have been modified or altered from the original
26 manufacturer's design in order to conform with the maximum
27 bumper requirements of this section, the bumper height shall
28 be measured from a level surface to the bottom of the vehicle
29 frame rail at the most forward and rearward points of the
30 frame rail. The bumper on any vehicle so modified or altered
31 shall be at least 4.5 inches in vertical height and extend no
32 less than the width of the respective wheel tracks outermost
33 distance.
34 However, nothing in this Section shall prevent the
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1 installation of bumper guards.
2 (b) This Section shall not apply to motor vehicles
3 designed or modified primarily for off-highway purposes while
4 such vehicles are in tow or to motorcycles or motor driven
5 cycles, nor to motor vehicles registered as antique vehicles,
6 custom vehicles, or street rods when the original design of
7 such vehicles did not include bumpers. The provisions of this
8 Section shall not apply to any motor vehicle driven during
9 the first 1000 recorded miles of that vehicle, when such
10 vehicle is owned or operated by a manufacturer, dealer or
11 transporter displaying a special plate or plates as described
12 in Chapter 3 of this Code while such vehicle is (1) being
13 delivered from the manufacturing or assembly plant directly
14 to the purchasing dealer or distributor, or from one
15 dealership or distributor to another; (2) being moved by the
16 most direct route from one location to another for the
17 purpose of installing special bodies or equipment; or (3)
18 being driven for purposes of demonstration by a prospective
19 buyer with the dealer or his agent present in the cab of the
20 vehicle during the demonstration.
21 The dealer shall, prior to the receipt of any deposit
22 made or any contract signed by the buyer to secure the
23 purchase of a vehicle, inform such buyer, by written
24 statement signed by the purchaser to indicate acknowledgement
25 of the contents thereof, of the legal requirements of this
26 Section regarding front and rear bumpers if such vehicle is
27 not to be equipped with bumpers at the time of delivery.
28 (c) Any violation of this Section is a Class C
29 misdemeanor. A second conviction under this Section shall be
30 punishable with a fine of not less than $500. An officer
31 making an arrest under this Section shall order the vehicle
32 driver to remove the vehicle from the highway. A person
33 convicted under this Section shall be ordered to bring his
34 vehicle into compliance with this Section.
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1 (Source: P.A. 86-498.)
2 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
3 Sec. 13-101. Submission to safety test; Certificate of
4 safety. To promote the safety of the general public, every
5 owner of a second division vehicle, medical transport
6 vehicle, tow truck, or contract carrier transporting
7 employees in the course of their employment on a highway of
8 this State in a vehicle designed to carry 15 or fewer
9 passengers shall, before operating the vehicle upon the
10 highways of Illinois, submit it to a "safety test" and secure
11 a certificate of safety furnished by the Department as set
12 forth in Section 13-109. Each second division motor vehicle
13 that pulls or draws a trailer, semitrailer or pole trailer,
14 with a gross weight of more than 8,000 lbs or is registered
15 for a gross weight of more than 8,000 lbs, motor bus,
16 religious organization bus, school bus, senior citizen
17 transportation vehicle, and limousine shall be subject to
18 inspection by the Department and the Department is authorized
19 to establish rules and regulations for the implementation of
20 such inspections.
21 The owners of each salvage vehicle shall submit it to a
22 "safety test" and secure a certificate of safety furnished by
23 the Department prior to its salvage vehicle inspection
24 pursuant to Section 3-308 of this Code.
25 However, none of the provisions of Chapter 13 requiring
26 safety tests or a certificate of safety shall apply to:
27 (a) farm tractors, machinery and implements,
28 wagons, wagon-trailers or like farm vehicles used
29 primarily in agricultural pursuits;
30 (b) vehicles other than school buses, tow trucks
31 and medical transport vehicles owned or operated by a
32 municipal corporation or political subdivision having a
33 population of 1,000,000 or more inhabitants and which are
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1 subject to safety tests imposed by local ordinance or
2 resolution;
3 (c) a semitrailer or trailer having a gross weight
4 of 5,000 pounds or less including vehicle weight and
5 maximum load;
6 (d) recreational vehicles;
7 (e) vehicles registered as and displaying Illinois
8 antique vehicle, custom vehicle, or street rod plates;
9 (f) house trailers equipped and used for living
10 quarters;
11 (g) vehicles registered as and displaying Illinois
12 permanently mounted equipment plates or similar vehicles
13 eligible therefor but registered as governmental vehicles
14 provided that if said vehicle is reclassified from a
15 permanently mounted equipment plate so as to lose the
16 exemption of not requiring a certificate of safety, such
17 vehicle must be safety tested within 30 days of the
18 reclassification;
19 kt (h) vehicles owned or operated by a manufacturer, dealer
20 or transporter displaying a special plate or plates as
21 described in Chapter 3 of this Code while such vehicle is
22 being delivered from the manufacturing or assembly plant
23 directly to the purchasing dealership or distributor, or
24 being temporarily road driven for quality control
25 testing, or from one dealer or distributor to another, or
26 are being moved by the most direct route from one
27 location to another for the purpose of installing special
28 bodies or equipment, or driven for purposes of
29 demonstration by a prospective buyer with the dealer or
30 his agent present in the cab of the vehicle during the
31 demonstration;
32 (i) pole trailers and auxiliary axles;
33 (j) special mobile equipment;
34 (k) vehicles properly registered in another State
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1 pursuant to law and displaying a valid registration
2 plate;
3 (l) water-well boring apparatuses or rigs;
4 (m) any vehicle which is owned and operated by the
5 federal government and externally displays evidence of
6 such ownership; and
7 (n) second division vehicles registered for a gross
8 weight of 8,000 pounds or less, except when such second
9 division motor vehicles pull or draw a trailer,
10 semi-trailer or pole trailer having a gross weight of or
11 registered for a gross weight of more than 8,000 pounds;
12 motor buses; religious organization buses; school buses;
13 senior citizen transportation vehicles; medical transport
14 vehicles and tow trucks.
15 The safety test shall include the testing and inspection
16 of brakes, lights, horns, reflectors, rear vision mirrors,
17 mufflers, safety chains, windshields and windshield wipers,
18 warning flags and flares, frame, axle, cab and body, or cab
19 or body, wheels, steering apparatus, and other safety devices
20 and appliances required by this Code and such other safety
21 tests as the Department may by rule or regulation require,
22 for second division vehicles, school buses, medical transport
23 vehicles, tow trucks, vehicles designed to carry 15 or fewer
24 passengers operated by a contract carrier transporting
25 employees in the course of their employment on a highway of
26 this State, trailers, and semitrailers subject to inspection.
27 For tow trucks, the safety test and inspection shall also
28 include the inspection of winch mountings, body panels, body
29 mounts, wheel lift swivel points, and sling straps, and other
30 tests and inspections the Department by rule requires for tow
31 trucks.
32 For trucks, truck tractors, trailers, semi-trailers, and
33 buses, the safety test shall be conducted in accordance with
34 the Minimum Periodic Inspection Standards promulgated by the
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1 Federal Highway Administration of the U.S. Department of
2 Transportation and contained in Appendix G to Subchapter B of
3 Chapter III of Title 49 of the Code of Federal Regulations.
4 Those standards, as now in effect, are made a part of this
5 Code, in the same manner as though they were set out in full
6 in this Code.
7 The passing of the safety test shall not be a bar at any
8 time to prosecution for operating a second division vehicle,
9 medical transport vehicle, or vehicle designed to carry 15 or
10 fewer passengers operated by a contract carrier as provided
11 in this Section which is unsafe as determined by the
12 standards prescribed in this Code.
13 (Source: P.A. 92-108, eff. 1-1-02.)
14 (625 ILCS 5/13A-104) (from Ch. 95 1/2, par. 13A-104)
15 Sec. 13A-104. Inspections.
16 (a) Every motor vehicle which is owned by a resident of
17 the original inspection area, other than a vehicle which is
18 exempt under subsection (d) or (e), shall be subject to
19 inspection under the program.
20 Beginning January 1, 1992, every motor vehicle which is
21 owned by a resident of the new inspection area, other than a
22 vehicle which is exempt under subsection (d) or (e), shall be
23 subject to inspection under the program.
24 In accordance with the schedule in subsection (b), the
25 Agency shall assign an inspection month for each vehicle
26 subject to inspection under the program, and shall send
27 notice thereof to the owner of the vehicle not less than 15
28 days prior to the beginning of the assigned month. For a
29 vehicle that was not previously subject to inspection, the
30 Agency shall also send an initial emission inspection sticker
31 to the owner of the vehicle. For a vehicle that was
32 previously subject to inspection and for which an initial
33 inspection sticker has already been issued, the month to be
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1 assigned by the Agency for that vehicle shall not be earlier
2 than the current assigned month, unless so requested by the
3 owner; if the assigned month is later than the current
4 assigned month, the Agency shall issue a corrected inspection
5 sticker for that vehicle.
6 Initial emission inspection stickers shall expire on the
7 last day of the third month following the month assigned by
8 the Agency for the first inspection of the vehicle in
9 accordance with the schedule in subsection (b). Renewal
10 inspection stickers shall expire on the last day of the third
11 month following the month assigned for inspection in the year
12 in which the vehicle's next inspection is required in
13 accordance with the schedule in subsection (b).
14 The Agency or its agent may issue a temporary emission
15 inspection sticker for any vehicle subject to inspection
16 which does not have a currently valid emission inspection
17 sticker at the time the Agency is notified by the Secretary
18 of State of its registration by a new owner, and for which an
19 initial emission inspection sticker has already been issued.
20 Such temporary emission inspection sticker shall expire on
21 the last day of the fourth complete calendar month after the
22 date the Agency is notified by the Secretary of State of the
23 registration of the vehicle by the new owner, but not earlier
24 than the end of the second complete calendar year after the
25 vehicle's model year.
26 The owner of each vehicle subject to inspection shall
27 obtain an emission inspection sticker for the vehicle in
28 accordance with this subsection. Prior to the expiration of
29 the emission inspection sticker, the owner shall have the
30 vehicle inspected and obtain a renewal emission inspection
31 sticker. A renewal emission inspection sticker shall not be
32 issued more than 5 months prior to the expiration date of the
33 previous inspection sticker.
34 (b) Except as provided in subsection (b-5), vehicles
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1 subject to inspection shall be assigned inspection months
2 according to the following schedule:
3 (1) Vehicles of a model year before 1985 shall be
4 assigned an inspection month in 1991 and annually
5 thereafter.
6 (2) Vehicles of model year 1985 shall be assigned
7 an inspection month in 1992 and annually thereafter.
8 (3) Vehicles of model year 1986 shall be assigned
9 an inspection month in 1991, 1993, and annually
10 thereafter.
11 (4) Vehicles of model year 1987 shall be assigned
12 an inspection month in 1992, 1994, and annually
13 thereafter.
14 (5) Vehicles of model year 1988 shall be assigned
15 an inspection month in 1991, 1993, 1995 and annually
16 thereafter.
17 (6) Vehicles of model year 1989 shall be assigned
18 an inspection month in 1992, 1994, 1996, and annually
19 thereafter.
20 (7) Vehicles of model year 1990 shall be assigned
21 an inspection month in 1993, 1995, 1997, and annually
22 thereafter.
23 (b-5) Beginning July 1, 1994, or as soon as practicable
24 thereafter, vehicles shall be assigned an inspection month
25 and inspected every 2 years on a schedule that begins in the
26 second calendar year after the vehicle model year. A vehicle
27 may be assigned an inspection month and inspected on a
28 schedule other than according to this subsection when a new
29 owner acquires a vehicle that should have been, but was not,
30 in compliance with this Act at the time the vehicle was
31 acquired by the new owner.
32 (c) The owner of every vehicle subject to inspection
33 shall have the vehicle inspected and obtain and display
34 thereon a valid unexpired emission inspection sticker in the
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1 manner specified by the Agency.
2 Any person who violates this subsection (c) shall be
3 guilty of a petty offense, except that a third or subsequent
4 violation within one year shall be a Class C misdemeanor. The
5 fine imposed for a violation of this subsection shall be not
6 less than $50 if the violation occurred within 60 days
7 following the date by which a new or renewal emission
8 inspection sticker was required to be obtained for the
9 vehicle, and not less than $300 if the violation occurred
10 more than 60 days after such date.
11 (d) The following vehicles are not subject to
12 inspection:
13 (1) vehicles not subject to registration under
14 Article IV of Chapter 3 of The Illinois Vehicle Code,
15 other than vehicles owned by the federal government;
16 (2) motorcycles, motor driven cycles and motorized
17 pedalcycles;
18 (3) farm vehicles and implements of husbandry;
19 (4) implements of warfare owned by the State or
20 federal government;
21 (5) antique vehicles, custom vehicles, street rods,
22 and vehicles of model year 1967 or before;
23 (6) vehicles operated exclusively for parade or
24 ceremonial purposes by any veterans, fraternal or civic
25 organization, organized on a not-for-profit basis;
26 (7) vehicles for which a Junking Certificate has
27 been issued by the Secretary of State pursuant to Section
28 3-117 of The Illinois Vehicle Code;
29 (8) diesel powered vehicles, and vehicles which are
30 powered exclusively by electricity;
31 (9) vehicles operated exclusively in organized
32 amateur or professional sporting activities, as defined
33 in the Environmental Protection Act;
34 (10) vehicles which were purchased new by the
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1 current owner less than 24 months prior to the assigned
2 test month.
3 The Agency may issue temporary or permanent exemption
4 stickers, respectively, for vehicles temporarily or
5 permanently exempt from inspection under this subsection (d);
6 however, the owner of an exempt vehicle need not obtain or
7 display an exemption sticker.
8 (e) Pursuant to such criteria as the Agency may adopt, a
9 motor vehicle may be exempted from the inspection
10 requirements of this Section by the Agency on the basis of an
11 Agency determination that such vehicle is owned and operated
12 by a corporation or other business entity, and that the situs
13 of such vehicle is located, and it is primarily used, outside
14 of the affected counties. The Agency may issue an annual
15 exemption sticker without inspection for any vehicle exempted
16 from inspection under this subsection (e).
17 (f) Any owner or lessee of a fleet of 15 or more motor
18 vehicles which are subject to inspection under this Section
19 may apply to the Agency for a permit to establish and operate
20 a Private Official Inspection Station.
21 (Source: P.A. 88-533.)
22 (625 ILCS 5/13B-15)
23 Sec. 13B-15. Inspections.
24 (a) Beginning with the implementation of the program
25 required by this Chapter, every motor vehicle that is owned
26 by a resident of an affected county, other than a vehicle
27 that is exempt under subsection (f) or (g), is subject to
28 inspection under the program.
29 The Agency shall send notice of the assigned inspection
30 month, at least 15 days before the beginning of the assigned
31 month, to the owner of each vehicle subject to the program.
32 For a vehicle that was subject to inspection before the
33 effective date of this amendatory Act of 1994 and for which
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1 an initial inspection sticker or initial inspection
2 certificate has already been issued, the month to be assigned
3 by the Agency for that vehicle shall not be earlier than the
4 current assigned month, unless so requested by the owner. If
5 the assigned month is later than the current assigned month,
6 the Agency shall issue either a corrected inspection sticker
7 or corrected certificate for that vehicle.
8 Initial emission inspection stickers or initial
9 inspection certificates, as the case may be, expire on the
10 last day of the third month following the month assigned by
11 the Agency for the first inspection of the vehicle. Renewal
12 inspection stickers or certificates expire on the last day of
13 the third month following the month assigned for inspection
14 in the year in which the vehicle's next inspection is
15 required.
16 The Agency or its agent may issue an interim emission
17 inspection sticker or certificate for any vehicle subject to
18 inspection that does not have a currently valid emission
19 inspection sticker or certificate at the time the Agency is
20 notified by the Secretary of State of its registration by a
21 new owner, and for which an initial emission inspection
22 sticker or certificate has already been issued. Interim
23 emission inspection stickers or certificates expire no later
24 than the last day of the sixth complete calendar month after
25 the date the Agency issued the interim emission inspection
26 sticker or certificate.
27 The owner of each vehicle subject to inspection shall
28 obtain an emission inspection sticker or certificate for the
29 vehicle in accordance with this subsection. Before the
30 expiration of the emission inspection sticker or certificate,
31 the owner shall have the vehicle inspected and, upon
32 demonstration of compliance, obtain a renewal emission
33 inspection sticker or certificate. A renewal emission
34 inspection sticker or certificate shall not be issued more
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1 than 5 months before the expiration date of the previous
2 inspection sticker or certificate.
3 (b) Except as provided in subsection (c), vehicles shall
4 be inspected every 2 years on a schedule that begins either
5 in the second, fourth, or later calendar year after the
6 vehicle model year. The beginning test schedule shall be set
7 by the Agency and shall be consistent with the State's
8 requirements for emission reductions as determined by the
9 applicable United States Environmental Protection Agency
10 vehicle emissions estimation model and applicable guidance
11 and rules.
12 (c) A vehicle may be inspected out of its 2-year
13 inspection schedule when a new owner acquires the vehicle and
14 it should have been, but was not, in compliance with this Act
15 when the vehicle was acquired by the new owner.
16 (d) The owner of a vehicle subject to inspection shall
17 have the vehicle inspected and obtain and display on the
18 vehicle or carry within the vehicle, in a manner specified by
19 the Agency, a valid unexpired emission inspection sticker or
20 certificate in the manner specified by the Agency.
21 Any person who violates this subsection (d) is guilty of
22 a petty offense, except that a third or subsequent violation
23 within one year of the first violation is a Class C
24 misdemeanor. The fine imposed for a violation of this
25 subsection shall be not less than $50 if the violation
26 occurred within 60 days following the date by which a new or
27 renewal emission inspection sticker or certificate was
28 required to be obtained for the vehicle, and not less than
29 $300 if the violation occurred more than 60 days after that
30 date.
31 (e) (1) For a $20 fee, to be paid into the Vehicle
32 Inspection Fund, the Agency shall inspect:
33 (A) Vehicles operated on federal installations
34 within an affected county, pursuant to Title 40, Section
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1 51.356 of the Code of Federal Regulations.
2 (B) Federally owned vehicles operated in affected
3 counties.
4 (2) For a fee of $20, to be paid into the Vehicle
5 Inspection Fund, the Agency may inspect:
6 (A) Vehicles registered in and subject to emission
7 inspections requirements of another state.
8 (B) Vehicles presented for inspection on a
9 voluntary basis.
10 Any fees collected under this subsection shall not offset
11 normally appropriated Motor Fuel Tax Funds.
12 (f) The following vehicles are not subject to
13 inspection:
14 (1) Vehicles not subject to registration under
15 Article IV of Chapter 3 of this Code, other than vehicles
16 owned by the federal government.
17 (2) Motorcycles, motor driven cycles, and motorized
18 pedalcycles.
19 (3) Farm vehicles and implements of husbandry.
20 (4) Implements of warfare owned by the State or
21 federal government.
22 (5) Antique vehicles, custom vehicles, street rods,
23 and vehicles of model year 1967 or before.
24 (6) Vehicles operated exclusively for parade or
25 ceremonial purposes by any veterans, fraternal, or civic
26 organization, organized on a not-for-profit basis.
27 (7) Vehicles for which a Junking Certificate has
28 been issued by the Secretary of State under Section 3-117
29 of this Code.
30 (8) Diesel powered vehicles, and vehicles that are
31 powered exclusively by electricity.
32 (9) Vehicles operated exclusively in organized
33 amateur or professional sporting activities, as defined
34 in the Environmental Protection Act.
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1 (10) Vehicles registered in, subject to, and in
2 compliance with the emission inspection requirements of
3 another state.
4 The Agency may issue temporary or permanent exemption
5 stickers or certificates for vehicles temporarily or
6 permanently exempt from inspection under this subsection (f).
7 An exemption sticker or certificate does not need to be
8 displayed.
9 (g) According to criteria the Agency may adopt, a motor
10 vehicle may be exempted from the inspection requirements of
11 this Section by the Agency on the basis of an Agency
12 determination that the vehicle is located and primarily used
13 outside of the affected counties or in other jurisdictions
14 where vehicle emission inspections are not required. The
15 Agency may issue an annual exemption sticker or certificate
16 without inspection for any vehicle exempted from inspection
17 under this subsection.
18 (h) Any owner or lessee of a fleet of 15 or more motor
19 vehicles which are subject to inspection under this Section
20 may apply to the Agency for a permit to establish and operate
21 a Private Official Inspection Station.
22 (i) Pursuant to Title 40, Section 51.371 of the Code of
23 Federal Regulations, the Agency shall establish a program of
24 on-road testing of in-use vehicles through the use of remote
25 sensing devices. The Agency shall evaluate the emission
26 performance of 0.5% of the subject fleet or 20,000 vehicles,
27 whichever is less. Under no circumstances shall on-road
28 testing include any sort of roadblock or roadside pullover or
29 cause any type of traffic delay.
30 If, during the course of on-road inspections, a vehicle
31 is found to exceed the on-road emissions standards
32 established for the model year and type of vehicle, the
33 Agency shall send a notice to the vehicle owner. The notice
34 shall document the occurrence and results of on-road
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1 exceedances. The notice of a second on-road exceedance shall
2 indicate that the vehicle has been reassigned and is subject
3 to an out-of-cycle follow-up inspection at an official
4 inspection station. In no case shall the Agency send a notice
5 of an on-road exceedance to the owner of a vehicle that was
6 found to exceed the on-road emission standards established
7 for the model year and type of vehicle if the vehicle is
8 registered outside of the affected counties.
9 (Source: P.A. 90-475, eff. 8-17-97.)
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1 INDEX
2 Statutes amended in order of appearance
3 625 ILCS 5/1-106.1 new
4 625 ILCS 5/1-113.1 new
5 625 ILCS 5/1-202.1 new
6 625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
7 625 ILCS 5/3-804.1 new
8 625 ILCS 5/3-804.2 new
9 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
10 625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201
11 625 ILCS 5/12-205 from Ch. 95 1/2, par. 12-205
12 625 ILCS 5/12-208 from Ch. 95 1/2, par. 12-208
13 625 ILCS 5/12-301 from Ch. 95 1/2, par. 12-301
14 625 ILCS 5/12-501 from Ch. 95 1/2, par. 12-501
15 625 ILCS 5/12-608 from Ch. 95 1/2, par. 12-608
16 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
17 625 ILCS 5/13A-104 from Ch. 95 1/2, par. 13A-104
18 625 ILCS 5/13B-15