State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ][ House Amendment 003 ][ House Amendment 004 ]
[ Senate Amendment 001 ]


92_HB4344enr

 
HB4344 Enrolled                                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 adding
 5    Sections  1-113.1,  1-202.1,  3-804.1,  and  3-804.2  and  by
 6    changing  Sections  3-413,  4-209,  12-201,  12-205,  12-208,
 7    12-301,  12-501,  12-607,  12-608,  13A-104,  and  13B-15  as
 8    follows:

 9        (625 ILCS 5/1-113.1 new)
10        Sec. 1-113.1. Custom vehicle. A motor vehicle that is  at
11    least  25  years  of  age and of a model year after 1948 or a
12    vehicle that has  been  certified  by  an  inspector  of  the
13    National  Street Rod Association, on a form prescribed by the
14    Secretary of State, to be a custom  vehicle  manufactured  to
15    resemble  a  vehicle  at least 25 years of age and of a model
16    year after 1948 and has been altered from the  manufacturer's
17    original  design  or has a body constructed from non-original
18    materials   and   which   is   maintained   for    occasional
19    transportation, exhibitions, club activities, parades, tours,
20    and  similar  uses  and  which  is not used for general daily
21    transportation.

22        (625 ILCS 5/1-202.1 new)
23        Sec. 1-202.1.  Street rod.  A motor  vehicle  that  is  a
24    1948 or older vehicle or a vehicle that has been certified by
25    an  inspector  of  the  National Street Rod Association, on a
26    form prescribed by the Secretary of State, to be a street rod
27    that was manufactured after 1948 to resemble a  vehicle  that
28    was  manufactured  before  1949 and has been altered from the
29    manufacturer's original design or has a body constructed from
30    non-original materials and which is maintained for occasional
 
HB4344 Enrolled            -2-                 LRB9213778DHgc
 1    transportation, exhibitions, club activities, parades, tours,
 2    and similar uses and which is  not  used  for  general  daily
 3    transportation.

 4        (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
 5        Sec. 3-413.  Display of registration plates, registration
 6    stickers and driveway decal permits.
 7        (a)  Registration plates issued for a motor vehicle other
 8    than   a  motorcycle,  trailer,  semitrailer,  truck-tractor,
 9    apportioned bus,  or  apportioned  truck  shall  be  attached
10    thereto,  one  in  the  front  and  one  in  the  rear.   The
11    registration  plate  issued  for  a  motorcycle,  trailer  or
12    semitrailer  required  to  be  registered  hereunder  and any
13    apportionment plate issued to a bus under the  provisions  of
14    this  Code  shall  be  attached  to  the  rear  thereof.  The
15    registration   plate   issued   for  a  truck-tractor  or  an
16    apportioned truck required to be registered  hereunder  shall
17    be attached to the front thereof.
18        (b)  Every  registration  plate  shall  at  all  times be
19    securely fastened in a horizontal position to the vehicle for
20    which it is issued so as to prevent the plate  from  swinging
21    and  at a height of not less than 5 inches 12 inches from the
22    ground, measuring from the bottom of such plate, in  a  place
23    and position to be clearly visible and shall be maintained in
24    a  condition  to  be clearly legible, free from any materials
25    that would obstruct the visibility of the  plate,  including,
26    but  not  limited to, glass covers and tinted plastic covers.
27    Clear plastic covers are permissible as long as  they  remain
28    clear  and  do  not  obstruct  the  visibility of the plates.
29    Registration stickers issued as evidence  of  renewed  annual
30    registration  shall  be  attached  to  registration plates as
31    required by the Secretary of State, and be clearly visible at
32    all times.
33        (c)  Every driveway decal permit issued pursuant to  this
 
HB4344 Enrolled            -3-                 LRB9213778DHgc
 1    Code shall be firmly attached to the inside windshield of the
 2    motor  vehicle  in  such  a  manner that it cannot be removed
 3    without being destroyed.  If such decal permits  are  affixed
 4    to  a  motor  vehicle in any other manner the permit shall be
 5    void and of no effect.
 6        (d)  The Illinois  prorate  decal  issued  to  a  foreign
 7    registered  vehicle  part  of a fleet prorated or apportioned
 8    with Illinois, shall be displayed on a registration plate and
 9    displayed on the front of such vehicle in the same manner  as
10    an Illinois registration plate.
11        (e)  The  registration  plate  issued  for  a camper body
12    mounted on a truck displaying registration  plates  shall  be
13    attached to the rear of the camper body.
14        (f)  No  person  shall  operate a vehicle, nor permit the
15    operation of a vehicle, upon which is displayed  an  Illinois
16    registration plate, plates or registration stickers after the
17    termination  of  the  registration period for which issued or
18    after the expiration date set pursuant to Sections 3-414  and
19    3-414.1 of this Code.
20    (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.)

21        (625 ILCS 5/3-804.1 new)
22        Sec. 3-804.1.  Custom vehicles.
23        (a)  The  owner  of  a  custom  vehicle may register that
24    vehicle for the standard registration fee for  a  vehicle  of
25    the  first  division,  other  than a motorcycle, motor driven
26    cycle, or pedalcycle, and obtain a custom vehicle  plate.  An
27    applicant for the special plate shall be charged, in addition
28    to  the  standard registration fee, $15 for original issuance
29    to be deposited into the Secretary of State  Special  License
30    Plate  Fund,  to  be  used  by  the  Secretary to help defray
31    administrative costs. For each renewal period, in addition to
32    the standard registration fee, the applicant shall be charged
33    $2, which shall be deposited  into  the  Secretary  of  State
 
HB4344 Enrolled            -4-                 LRB9213778DHgc
 1    Special  License Plate Fund. The application for registration
 2    must be accompanied by an affirmation of the owner  that  the
 3    vehicle  will  be  maintained  for occasional transportation,
 4    exhibitions, club activities,  parades,  tours,  and  similar
 5    uses  and  will not be used for general daily transportation.
 6    The Secretary may, in his or her discretion,  prescribe  that
 7    custom  vehicle  plates  be  issued  for  a  definite  or  an
 8    indefinite  term,  the  term  to  correspond  to  the term of
 9    registration plates issued generally, as provided in  Section
10    3-414.1.  Any  person  requesting custom vehicle plates under
11    this Section may also apply to have  vanity  or  personalized
12    plates as provided under Section 3-405.1.
13        (b)  Upon  initial  registration of a custom vehicle, the
14    owner of the custom vehicle must provide proof acceptable  to
15    the  Secretary that, no more than 3 months before the date of
16    the application for registration, the custom vehicle passed a
17    safety inspection that (i) has been approved by the Secretary
18    and  (ii)  is  equivalent  to   the   National   Street   Rod
19    Association's prescribed vehicle safety inspection.
20        Except  where  otherwise  provided,  custom  vehicles are
21    considered to be in compliance  with  all  vehicle  equipment
22    requirements  if they have passed the approved vehicle safety
23    inspection.

24        (625 ILCS 5/3-804.2 new)
25        Sec. 3-804.2.  Street rods.
26        (a)  The owner of a street rod may register  the  vehicle
27    for  the standard registration fee for a vehicle of the first
28    division, other than a motorcycle,  motor  driven  cycle,  or
29    pedalcycle,  and  obtain a street rod plate. An applicant for
30    the special plate  shall  be  charged,  in  addition  to  the
31    standard  registration  fee,  $15 for original issuance to be
32    deposited into the Secretary of State Special  License  Plate
33    Fund,   to   be   used   by  the  Secretary  to  help  defray
 
HB4344 Enrolled            -5-                 LRB9213778DHgc
 1    administrative costs. For each renewal period, in addition to
 2    the standard registration fee, the applicant shall be charged
 3    $2, which shall be deposited  into  the  Secretary  of  State
 4    Special  License Plate Fund. The application for registration
 5    must be accompanied by an affirmation of the owner  that  the
 6    vehicle  will  be  maintained  for occasional transportation,
 7    exhibitions, club activities,  parades,  tours,  and  similar
 8    uses  and  will not be used for general daily transportation.
 9    The Secretary may, in his or her discretion,  prescribe  that
10    street  rod  plates be issued for a definite or an indefinite
11    term, the term to correspond  to  the  term  of  registration
12    plates  issued generally, as provided in Section 3-414.1. Any
13    person requesting street rod plates under  this  Section  may
14    also  apply to have vanity or personalized plates as provided
15    under Section 3-405.1.
16        (b) Upon initial registration of a street rod, the  owner
17    of  the  street  rod  must  provide  proof  acceptable to the
18    Secretary that, no more than 3 months before the date of  the
19    application  for registration, the street rod passed a safety
20    inspection that (i) has been approved by  the  Secretary  and
21    (ii)  is  equivalent to the National Street Rod Association's
22    prescribed vehicle safety inspection.
23        Except  where  otherwise  provided,   street   rods   are
24    considered  to  be  in  compliance with all vehicle equipment
25    requirements if they have passed the approved vehicle  safety
26    inspection.

27        (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
28        Sec.  4-209.   Disposal of unclaimed vehicles more than 7
29    years of age; disposal of  abandoned  or  unclaimed  vehicles
30    without notice.
31        (a)  When   the   identity   of   the  registered  owner,
32    lienholder,  or  other  legally  entitled   persons   of   an
33    abandoned,  lost,  or  unclaimed vehicle of 7 years of age or
 
HB4344 Enrolled            -6-                 LRB9213778DHgc
 1    newer cannot be determined by any means provided for in  this
 2    Chapter, the vehicle may be sold as provided in Section 4-208
 3    without  notice  to  any  person  whose  identity  cannot  be
 4    determined.
 5        (b)  When  an  abandoned  vehicle of more than 7 years of
 6    age is impounded as specified by this Chapter,  or  when  any
 7    such  vehicle  is towed at the request or with the consent of
 8    the owner or operator and is subsequently abandoned, it  will
 9    be  kept  in  custody or storage for a minimum of 10 days for
10    the purpose of determining the  identity  of  the  registered
11    owner,  lienholder,  or  other  legally  entitled persons and
12    contacting the registered owner, lienholder, or other legally
13    entitled persons by the U. S.  Mail,  public  service  or  in
14    person   for   a   determination   of  disposition;  and,  an
15    examination of the State  Police  stolen  vehicle  files  for
16    theft and wanted information. At the expiration of the 10 day
17    period,  without the benefit of disposition information being
18    received from the  registered  owner,  lienholder,  or  other
19    legally  entitled  persons, the vehicle may be disposed of in
20    either of the following ways:
21             (1)  The law enforcement agency having  jurisdiction
22        will  authorize  the  disposal  of the vehicle as junk or
23        salvage.
24             (2)  The towing service may sell the vehicle in  the
25        manner  provided  in Section 4-208 of this Code, provided
26        that this paragraph (2) shall not apply to vehicles towed
27        by order or authorization of a law enforcement agency.
28        (c)  A vehicle classified as an antique  vehicle,  custom
29    vehicle,  or  street  rod  may  however  be  sold to a person
30    desiring to restore it.
31    (Source: P.A. 89-433, eff. 12-15-95.)

32        (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
33        Sec. 12-201. When lighted lamps are required.
 
HB4344 Enrolled            -7-                 LRB9213778DHgc
 1        (a)  When operated upon any highway in this State,  every
 2    motorcycle  shall  at  all times exhibit at least one lighted
 3    lamp, showing a white light visible for at least 500 feet  in
 4    the direction the motorcycle is proceeding.  However, in lieu
 5    of  such  lighted lamp, a motorcycle may be equipped with and
 6    use a means of modulating the upper beam  of  the  head  lamp
 7    between high and a lower brightness.  No such head lamp shall
 8    be  modulated,  except  to  otherwise  comply with this Code,
 9    during times when lighted lamps are required for other  motor
10    vehicles.
11        (b)  All  other  motor  vehicles shall exhibit at least 2
12    lighted head lamps, with at least one on  each  side  of  the
13    front  of the vehicle, which satisfy United States Department
14    of  Transportation  requirements,   showing   white   lights,
15    including  that  emitted  by  high  intensity discharge (HID)
16    lamps, or lights of a yellow or amber tint, during the period
17    from sunset to sunrise, at times when  rain,  snow,  fog,  or
18    other  atmospheric  conditions  require the use of windshield
19    wipers, and at any other  times  when,  due  to  insufficient
20    light  or  unfavorable  atmospheric  conditions,  persons and
21    vehicles on the highway are  not  clearly  discernible  at  a
22    distance of 1000 feet.  Parking lamps may be used in addition
23    to  but not in lieu of such head lamps.  Every motor vehicle,
24    trailer, or  semi-trailer  shall  also  exhibit  at  least  2
25    lighted  lamps,  commonly known as tail lamps, which shall be
26    mounted on the left rear and right rear of the vehicle so  as
27    to  throw  a  red  light visible for at least 500 feet in the
28    reverse direction,  except  that  a  truck  tractor  or  road
29    tractor   manufactured   before   January  1,  1968  and  all
30    motorcycles need be equipped with only one such tail lamp.
31        (c)  Either a tail lamp or a separate lamp  shall  be  so
32    constructed  and placed as to illuminate with a white light a
33    rear registration plate when required and render  it  clearly
34    legible from a distance of 50 feet to the rear. Any tail lamp
 
HB4344 Enrolled            -8-                 LRB9213778DHgc
 1    or  tail  lamps, together with any separate lamp or lamps for
 2    illuminating a rear registration plate, shall be so wired  as
 3    to  be  lighted  whenever the head lamps or auxiliary driving
 4    lamps are lighted.
 5        (d)  A person shall install only head lamps that  satisfy
 6    United  States  Department  of Transportation regulations and
 7    show white light, including that emitted  by  HID  lamps,  or
 8    light of a yellow or amber tint for use by a motor vehicle.
 9        (e)  For  purposes  of  this Section, a custom vehicle or
10    street rod is considered to be in compliance with all vehicle
11    lamp requirements  if  it  has  passed  the  approved  safety
12    inspection provided for in Section 3-804.1 or 3-804.2.
13    (Source:  P.A.  91-130,  eff.  1-1-00;  91-135,  eff. 1-1-00;
14    92-16, eff. 6-28-01.)

15        (625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
16        Sec. 12-205. Lamps on other vehicles and equipment. Every
17    vehicle, including animal  drawn  vehicles,  referred  to  in
18    paragraph (b) of Section 12-101, not specifically required by
19    the  provisions  of this Article to be equipped with lamps or
20    other lighting devices,  shall  at  all  times  specified  in
21    Section  12-201 of this Act be equipped with at least 2 lamps
22    on the power or towing unit, displaying a white light visible
23    from a distance of not less than 1,000 feet to the  front  of
24    such  vehicle  and  shall  also be equipped with 2 lamps each
25    displaying a red light visible from a distance  of  not  less
26    than 1,000 feet to the rear of such vehicle.
27        Where  the  towed  unit  or any load thereon partially or
28    totally obscures the 2 lamps displaying red light to the rear
29    of the towing unit, the rearmost towed unit shall be equipped
30    with 2 lamps displaying red light visible from a distance  of
31    not less than 1,000 feet to the rear of such towed unit which
32    are  positioned  in  such  a  manner  as  to not obstruct the
33    visibility  of  the  red  light  to  any   vehicle   operator
 
HB4344 Enrolled            -9-                 LRB9213778DHgc
 1    approaching  from  the rear of such vehicle or combination of
 2    vehicles.
 3        Where the 2 lamps displaying red light are  not  obscured
 4    by  the  towed  unit  or its load, then either towing unit or
 5    towed unit, or  both,  may  be  equipped  with  the  2  lamps
 6    displaying red light as required.
 7        The   preceding  paragraph  does  not  apply  to  antique
 8    vehicles, custom vehicles, or street rods. An antique vehicle
 9    shall be equipped with lamps  of  the  same  type  originally
10    installed  by  the  manufacturer as original equipment and in
11    working order.
12    (Source: P.A. 85-830.)

13        (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
14        Sec. 12-208. Signal lamps and signal devices.
15        (a)  Every  vehicle  other  than   an   antique   vehicle
16    displaying  an  antique plate operated in this State shall be
17    equipped with a stop lamp or lamps on the rear of the vehicle
18    which shall display a red  or  amber  light  visible  from  a
19    distance  of  not  less  than  500 feet to the rear in normal
20    sunlight and which shall be actuated upon application of  the
21    service   (foot)  brake,  and  which  may  but  need  not  be
22    incorporated with other rear lamps. During times when lighted
23    lamps are not required, an antique vehicle  may  be  equipped
24    with  a stop lamp or lamps on the rear of such vehicle of the
25    same  type  originally  installed  by  the  manufacturer   as
26    original  equipment  and  in  working  order. However, at all
27    other times, such antique vehicle must be equipped with  stop
28    lamps meeting the requirements of Section 12-208 of this Act.
29        (b)  Every  motor  vehicle  other than an antique vehicle
30    displaying  an  antique  plate  shall  be  equipped  with  an
31    electric  turn  signal  device  which  shall   indicate   the
32    intention  of  the driver to turn to the right or to the left
33    in the form of flashing lights located at and showing to  the
 
HB4344 Enrolled            -10-                LRB9213778DHgc
 1    front  and  rear  of  the  vehicle on the side of the vehicle
 2    toward which the turn is to be made. The lamps showing to the
 3    front shall be mounted on the same level and as widely spaced
 4    laterally as practicable and, when signaling,  shall  emit  a
 5    white or amber light, or any shade of light between white and
 6    amber.  The lamps showing to the rear shall be mounted on the
 7    same level and as widely spaced laterally as practicable and,
 8    when signaling, shall emit a red or amber light.  An  antique
 9    vehicle  shall  be  equipped with a turn signal device of the
10    same  type  originally  installed  by  the  manufacturer   as
11    original equipment and in working order.
12        (c)  Every trailer and semitrailer shall be equipped with
13    an  electric turn signal device which indicates the intention
14    of the driver in the power unit to turn to the  right  or  to
15    the  left in the form of flashing red or amber lights located
16    at the rear of the vehicle on the side toward which the  turn
17    is  to  be  made  and mounted on the same level and as widely
18    spaced laterally as practicable.
19        (d)  Turn signal lamps must be visible from a distance of
20    not less than 300 feet in normal sunlight.
21        (e)  Motorcycles and  motor-driven  cycles  need  not  be
22    equipped  with  electric  turn signals. Antique vehicles need
23    not be equipped with turn signals unless such were  installed
24    by the manufacturer as original equipment.
25        (f)  For  purposes  of  this Section, a custom vehicle or
26    street rod is considered to be in compliance with all  signal
27    lamp  and  signal  device  requirements  if it has passed the
28    approved safety inspection provided for in Section 3-804.1 or
29    3-804.2.
30    (Source: P.A. 77-37.)

31        (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
32        Sec. 12-301.  Brakes.
33        (a)  Brake equipment required.
 
HB4344 Enrolled            -11-                LRB9213778DHgc
 1             1.  Every motor vehicle, other than  a  motor-driven
 2        cycle and an antique vehicle displaying an antique plate,
 3        when  operated  upon  a  highway  shall  be equipped with
 4        brakes adequate to control the movement of  and  to  stop
 5        and  hold  such  vehicle,  including  2 separate means of
 6        applying  the  brakes,  each  of  which  means  shall  be
 7        effective to apply the brakes to at least one wheel on  a
 8        motorcycle  and  at  least  2  wheels  on all other first
 9        division  and  second  division  vehicles.  If  these   2
10        separate  means  of  applying the brakes are connected in
11        any way, they shall be so constructed that failure of any
12        one part of the operating mechanism shall not  leave  the
13        motor vehicle without brakes.
14             2.  Every  motor-driven  cycle  when operated upon a
15        highway shall be equipped with at least one  brake  which
16        may be operated by hand or foot.
17             3.  Every antique vehicle shall be equipped with the
18        brakes  of  the  same  type  originally  installed by the
19        manufacturer as original equipment and in working order.
20             4.  Every trailer or semitrailer of a  gross  weight
21        of  over  3,000 pounds, when operated upon a highway must
22        be equipped with brakes adequate to control the  movement
23        of,  to stop and to hold such vehicle, and designed so as
24        to be operable by the driver of the towing  vehicle  from
25        its  cab.  Such  brakes must be so designed and connected
26        that in case  of  an  accidental  breakaway  of  a  towed
27        vehicle  over  5,000 pounds, the brakes are automatically
28        applied.
29             5.  Every motor vehicle, trailer,  pole  trailer  or
30        semitrailer,  sold  in  this  State  or operated upon the
31        highways shall be equipped with service brakes  upon  all
32        wheels  of  every  such  vehicle, except any motor-driven
33        cycle, and except  that  any  trailer,  pole  trailer  or
34        semitrailer 3,000 pounds gross weight or less need not be
 
HB4344 Enrolled            -12-                LRB9213778DHgc
 1        equipped  with  brakes,  and  except  that any trailer or
 2        semitrailer with gross weight over 3,000 pounds but under
 3        5,001 pounds need be equipped with  brakes  on  only  one
 4        wheel on each side of the vehicle.  Any motor vehicle and
 5        truck  tractor  having  3  or more axles and manufactured
 6        prior to July 25, 1980 need not have brakes on the  front
 7        wheels,  except  when  such vehicles are equipped with at
 8        least 2 steerable axles, the wheels of one such axle need
 9        not be equipped with brakes. However, a vehicle  that  is
10        more  than  30  years  of  age and which is driven on the
11        highways only in going to and returning from  an  antique
12        auto show or for servicing or for a demonstration need be
13        equipped with 2 wheel brakes only.
14        (b)  Performance ability of brakes.
15             1.  The  service  brakes  upon  any motor vehicle or
16        combination of vehicles  operating  on  a  level  surface
17        shall  be  adequate to stop such vehicle or vehicles when
18        traveling 20 miles per hour within a distance of 30  feet
19        when  upon  dry asphalt or concrete pavement surface free
20        from loose material.
21             2.  Under the above conditions the hand brake  shall
22        be  adequate to stop such vehicle or vehicles, except any
23        motorcycle, within a distance of 55  feet  and  the  hand
24        brake  shall be adequate to hold such vehicle or vehicles
25        stationary on any grade upon which operated.
26             3.  Under the above conditions  the  service  brakes
27        upon  an  antique  vehicle  shall be adequate to stop the
28        vehicle within a distance of 40 feet and the  hand  brake
29        adequate  to  stop  the  vehicle  within a distance of 55
30        feet.
31             4.  All braking distances specified in this  Section
32        apply  to  all  vehicles mentioned, whether such vehicles
33        are unloaded  or  are  loaded  to  the  maximum  capacity
34        permitted under this Act.
 
HB4344 Enrolled            -13-                LRB9213778DHgc
 1             5.  All  brakes  shall be maintained in good working
 2        order and shall be so adjusted as to operate  as  equally
 3        as  practicable  with  respect  to the wheels on opposite
 4        sides of the vehicle.
 5             6.  Brake assembly  requirements  for  mobile  homes
 6        shall  be  the  standards  required  by the United States
 7        Department of Housing and Urban Development adopted under
 8        Title VI of the Housing and Community Development Act  of
 9        1974.
10        (c)  For  purposes  of  this Section, a custom vehicle or
11    street rod is considered to be in compliance with  all  brake
12    equipment  requirements if it has passed the approved vehicle
13    safety inspection provided for in Section 3-804.1 or 3-804.2.
14    (Source: P.A. 86-447; 86-1340.)

15        (625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
16        Sec. 12-501.  Windshields and safety glazing material  in
17    motor vehicles.
18        (a)  Every  motor  vehicle  operated upon the highways of
19    this State shall be equipped with a  front  windshield  which
20    complies with those standards as established pursuant to this
21    Section  and  Section  12-503  of this Code.  This subsection
22    shall  not  apply  to  motor  vehicles  designed   and   used
23    exclusively  for  off-highway  use, motorcycles, motor-driven
24    cycles,  motorized  pedalcycles,  nor   to   motor   vehicles
25    registered  as  antique  vehicles, custom vehicles, or street
26    rods when the  original  design  of  such  vehicles  did  not
27    include front windshields.
28        (b)  No  person  shall  knowingly  sell any 1936 or later
29    model motor vehicle unless  such  vehicle  is  equipped  with
30    safety   glazing   material   conforming   to  specifications
31    prescribed by the Department  wherever  glazing  material  is
32    used   in   doors,   windows   and  windshields.  Regulations
33    promulgated by the Department specifying standards for safety
 
HB4344 Enrolled            -14-                LRB9213778DHgc
 1    glazing material on windshields shall, as a minimum,  conform
 2    with those applicable Federal Motor Vehicles Safety Standards
 3    (49  CFR  571.205).  These  provisions  apply  to  all  motor
 4    vehicles of the first and second division but with respect to
 5    trucks,  including  truck  tractors,  the  requirements as to
 6    safety glazing material apply to all glazing material used in
 7    doors, windows and windshields in the  drivers'  compartments
 8    of such vehicles.
 9        (c)  It  is  unlawful  for  the owner or any other person
10    knowingly to install or cause to be installed  in  any  motor
11    vehicle  any  glazing  material  other  than  safety  glazing
12    material  conforming  to the specifications prescribed by the
13    Department.
14    (Source: P.A. 85-1144.)

15        (625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607)
16        Sec. 12-607. Suspension System.
17        (a)  It shall be unlawful to operate a motor  vehicle  on
18    any highway of this State when the suspension system has been
19    modified from the original manufactured design by lifting the
20    body  from  the chassis in excess of 3 inches or to cause the
21    horizontal line from the front to the  rear  bumper  to  vary
22    over 3 inches in height when measured from a level surface of
23    the  highway  to the lower edge of the bumper, except that it
24    is unlawful to operate a street rod or  custom  vehicle  when
25    the  suspension  system  has  been modified from the original
26    manufactured design so that  the  horizontal  line  from  the
27    front  to the rear bumper varies over 7 inches in height when
28    measured from a level surface of the  highway  to  the  lower
29    edge of the bumper.
30        (b)  Nothing   in   this   Section   shall   prevent  the
31    installation of manufactured heavy duty equipment to  include
32    shock  absorbers  and  overload  springs,  nor shall anything
33    contained in this Section prevent a person to operate a motor
 
HB4344 Enrolled            -15-                LRB9213778DHgc
 1    vehicle on any highway of this State with normal wear of  the
 2    suspension  system if normal wear does not affect the control
 3    or safe operation of the  vehicle.  This  Section  shall  not
 4    apply  to  motor  vehicles designed or modified primarily for
 5    off-highway racing purposes while such vehicles are in tow or
 6    to motorcycles or motor driven cycles.
 7    (Source: P.A. 78-436.)

 8        (625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
 9        Sec. 12-608.  Bumpers.
10        (a)  It shall be unlawful to operate  any  motor  vehicle
11    with a gross vehicle weight rating of 9,000 pounds or less or
12    any  motor vehicle registered as a recreational vehicle under
13    this Code on any highway of  this  State  unless  such  motor
14    vehicle is equipped with both a front and rear bumper.
15        Except as indicated below, maximum bumper heights of such
16    motor  vehicles  shall  be  determined  by weight category of
17    gross vehicle weight rating  (GVWR)  measured  from  a  level
18    surface to the highest point of the bottom of the bumper when
19    the  vehicle  is  unloaded  and the tires are inflated to the
20    manufacturer's recommended pressure.
21        Maximum bumper heights are as follows:
22                                     Maximum Front   Maximum Rear
23                                     Bumper height  Bumper Height
24    All motor vehicles of the first
25        division except multipurpose
26        passenger vehicles:          22 inches          22 inches
27    Multipurpose passenger vehicles and
28    all other motor vehicles:
29        4,500 lbs. and under GVWR    24 inches          26 inches
30        4,501 lbs. through 7,500
31        lbs. GVWR                    27 inches          29 inches
32        7,501 lbs. through 9,000
33        lbs. GVWR                    28 inches          30 inches
 
HB4344 Enrolled            -16-                LRB9213778DHgc
 1        For any vehicle  with  bumpers  or  attaching  components
 2    which  have  been  modified  or  altered  from  the  original
 3    manufacturer's  design  in  order to conform with the maximum
 4    bumper requirements of this section, the bumper height  shall
 5    be measured from a level surface to the bottom of the vehicle
 6    frame  rail  at  the  most forward and rearward points of the
 7    frame rail.  The bumper on any vehicle so modified or altered
 8    shall be at least 4.5 inches in vertical height and extend no
 9    less than the width of the respective wheel tracks  outermost
10    distance.
11        However,  nothing  in  this  Section  shall  prevent  the
12    installation of bumper guards.
13        (b)  This  Section shall not apply to street rods, custom
14    vehicles, motor vehicles designed or modified  primarily  for
15    off-highway  purposes  while  such  vehicles are in tow or to
16    motorcycles or motor driven cycles,  nor  to  motor  vehicles
17    registered  as  antique  vehicles when the original design of
18    such antique vehicles did not include bumpers. The provisions
19    of this Section shall not apply to any motor  vehicle  driven
20    during  the  first  1000 recorded miles of that vehicle, when
21    such vehicle is owned or operated by a  manufacturer,  dealer
22    or  transporter  displaying  a  special  plate  or  plates as
23    described in Chapter 3 of this Code while such vehicle is (1)
24    being delivered from  the  manufacturing  or  assembly  plant
25    directly to the purchasing dealer or distributor, or from one
26    dealership  or distributor to another; (2) being moved by the
27    most direct route  from  one  location  to  another  for  the
28    purpose  of  installing  special  bodies or equipment; or (3)
29    being driven for purposes of demonstration by  a  prospective
30    buyer  with the dealer or his agent present in the cab of the
31    vehicle during the demonstration.
32        The dealer shall, prior to the  receipt  of  any  deposit
33    made  or  any  contract  signed  by  the  buyer to secure the
34    purchase  of  a  vehicle,  inform  such  buyer,  by   written
 
HB4344 Enrolled            -17-                LRB9213778DHgc
 1    statement signed by the purchaser to indicate acknowledgement
 2    of  the  contents  thereof, of the legal requirements of this
 3    Section regarding front and rear bumpers if such  vehicle  is
 4    not to be equipped with bumpers at the time of delivery.
 5        (c)  Any   violation   of  this  Section  is  a  Class  C
 6    misdemeanor.  A second conviction under this Section shall be
 7    punishable with a fine of not less  than  $500.   An  officer
 8    making  an  arrest under this Section shall order the vehicle
 9    driver to remove the vehicle  from  the  highway.   A  person
10    convicted  under  this  Section shall be ordered to bring his
11    vehicle into compliance with this Section.
12    (Source: P.A. 86-498.)

13        (625 ILCS 5/13A-104) (from Ch. 95 1/2, par. 13A-104)
14        Sec. 13A-104.  Inspections.
15        (a)  Every motor vehicle which is owned by a resident  of
16    the  original  inspection area, other than a vehicle which is
17    exempt under subsection (d)  or  (e),  shall  be  subject  to
18    inspection under the program.
19        Beginning  January  1, 1992, every motor vehicle which is
20    owned by a resident of the new inspection area, other than  a
21    vehicle which is exempt under subsection (d) or (e), shall be
22    subject to inspection under the program.
23        In  accordance  with  the schedule in subsection (b), the
24    Agency shall assign an  inspection  month  for  each  vehicle
25    subject  to  inspection  under  the  program,  and shall send
26    notice thereof to the owner of the vehicle not less  than  15
27    days  prior  to  the  beginning of the assigned month.  For a
28    vehicle that was not previously subject  to  inspection,  the
29    Agency shall also send an initial emission inspection sticker
30    to  the  owner  of  the  vehicle.   For  a  vehicle  that was
31    previously subject to inspection and  for  which  an  initial
32    inspection  sticker  has already been issued, the month to be
33    assigned by the Agency for that vehicle shall not be  earlier
 
HB4344 Enrolled            -18-                LRB9213778DHgc
 1    than  the  current assigned month, unless so requested by the
 2    owner; if the  assigned  month  is  later  than  the  current
 3    assigned month, the Agency shall issue a corrected inspection
 4    sticker for that vehicle.
 5        Initial  emission inspection stickers shall expire on the
 6    last day of the third month following the month  assigned  by
 7    the  Agency  for  the  first  inspection  of  the  vehicle in
 8    accordance with the  schedule  in  subsection  (b).   Renewal
 9    inspection stickers shall expire on the last day of the third
10    month following the month assigned for inspection in the year
11    in  which  the  vehicle's  next  inspection  is  required  in
12    accordance with the schedule in subsection (b).
13        The  Agency  or  its agent may issue a temporary emission
14    inspection sticker for  any  vehicle  subject  to  inspection
15    which  does  not  have  a currently valid emission inspection
16    sticker at the time the Agency is notified by  the  Secretary
17    of State of its registration by a new owner, and for which an
18    initial  emission inspection sticker has already been issued.
19    Such temporary emission inspection sticker  shall  expire  on
20    the  last day of the fourth complete calendar month after the
21    date the Agency is notified by the Secretary of State of  the
22    registration of the vehicle by the new owner, but not earlier
23    than  the  end of the second complete calendar year after the
24    vehicle's model year.
25          The owner of each vehicle subject to  inspection  shall
26    obtain  an  emission  inspection  sticker  for the vehicle in
27    accordance with this subsection.  Prior to the expiration  of
28    the  emission  inspection  sticker,  the owner shall have the
29    vehicle inspected and obtain a  renewal  emission  inspection
30    sticker.   A renewal emission inspection sticker shall not be
31    issued more than 5 months prior to the expiration date of the
32    previous inspection sticker.
33        (b)  Except as provided  in  subsection  (b-5),  vehicles
34    subject  to  inspection  shall  be assigned inspection months
 
HB4344 Enrolled            -19-                LRB9213778DHgc
 1    according to the following schedule:
 2             (1)  Vehicles of a model year before 1985  shall  be
 3        assigned   an  inspection  month  in  1991  and  annually
 4        thereafter.
 5             (2)  Vehicles of model year 1985 shall  be  assigned
 6        an inspection month in 1992 and annually thereafter.
 7             (3)  Vehicles  of  model year 1986 shall be assigned
 8        an  inspection  month  in  1991,   1993,   and   annually
 9        thereafter.
10             (4)  Vehicles  of  model year 1987 shall be assigned
11        an  inspection  month  in  1992,   1994,   and   annually
12        thereafter.
13             (5)  Vehicles  of  model year 1988 shall be assigned
14        an inspection month in  1991,  1993,  1995  and  annually
15        thereafter.
16             (6)  Vehicles  of  model year 1989 shall be assigned
17        an inspection month in 1992,  1994,  1996,  and  annually
18        thereafter.
19             (7)  Vehicles  of  model year 1990 shall be assigned
20        an inspection month in 1993,  1995,  1997,  and  annually
21        thereafter.
22        (b-5)  Beginning  July 1, 1994, or as soon as practicable
23    thereafter, vehicles shall be assigned  an  inspection  month
24    and  inspected every 2 years on a schedule that begins in the
25    second calendar year after the vehicle model year. A  vehicle
26    may  be  assigned  an  inspection  month  and  inspected on a
27    schedule other than according to this subsection when  a  new
28    owner  acquires a vehicle that should have been, but was not,
29    in compliance with this Act  at  the  time  the  vehicle  was
30    acquired by the new owner.
31        (c)  The  owner  of  every  vehicle subject to inspection
32    shall have the  vehicle  inspected  and  obtain  and  display
33    thereon  a valid unexpired emission inspection sticker in the
34    manner specified by the Agency.
 
HB4344 Enrolled            -20-                LRB9213778DHgc
 1        Any person who violates  this  subsection  (c)  shall  be
 2    guilty  of a petty offense, except that a third or subsequent
 3    violation within one year shall be a Class C misdemeanor. The
 4    fine imposed for a violation of this subsection shall be  not
 5    less  than  $50  if  the  violation  occurred  within 60 days
 6    following the  date  by  which  a  new  or  renewal  emission
 7    inspection  sticker  was  required  to  be  obtained  for the
 8    vehicle, and not less than $300  if  the  violation  occurred
 9    more than 60 days after such date.
10        (d)  The   following   vehicles   are   not   subject  to
11    inspection:
12             (1)  vehicles  not  subject  to  registration  under
13        Article IV of Chapter 3 of  The  Illinois  Vehicle  Code,
14        other than vehicles owned by the federal government;
15             (2)  motorcycles,  motor driven cycles and motorized
16        pedalcycles;
17             (3)  farm vehicles and implements of husbandry;
18             (4)  implements of warfare owned  by  the  State  or
19        federal government;
20             (5)  antique vehicles, custom vehicles, street rods,
21        and vehicles of model year 1967 or before;
22             (6)  vehicles  operated  exclusively  for  parade or
23        ceremonial purposes by any veterans, fraternal  or  civic
24        organization, organized on a not-for-profit basis;
25             (7)  vehicles  for  which  a Junking Certificate has
26        been issued by the Secretary of State pursuant to Section
27        3-117 of The Illinois Vehicle Code;
28             (8)  diesel powered vehicles, and vehicles which are
29        powered exclusively by electricity;
30             (9)  vehicles  operated  exclusively  in   organized
31        amateur  or  professional sporting activities, as defined
32        in the Environmental Protection Act;
33             (10)  vehicles  which  were  purchased  new  by  the
34        current owner less than 24 months prior to  the  assigned
 
HB4344 Enrolled            -21-                LRB9213778DHgc
 1        test month.
 2        The  Agency  may  issue  temporary or permanent exemption
 3    stickers,   respectively,   for   vehicles   temporarily   or
 4    permanently exempt from inspection under this subsection (d);
 5    however, the owner of an exempt vehicle need  not  obtain  or
 6    display an exemption sticker.
 7        (e)  Pursuant to such criteria as the Agency may adopt, a
 8    motor   vehicle   may   be   exempted   from  the  inspection
 9    requirements of this Section by the Agency on the basis of an
10    Agency determination that such vehicle is owned and  operated
11    by a corporation or other business entity, and that the situs
12    of such vehicle is located, and it is primarily used, outside
13    of  the  affected  counties.   The Agency may issue an annual
14    exemption sticker without inspection for any vehicle exempted
15    from inspection under this subsection (e).
16        (f)  Any owner or lessee of a fleet of 15 or  more  motor
17    vehicles  which  are subject to inspection under this Section
18    may apply to the Agency for a permit to establish and operate
19    a Private Official Inspection Station.
20    (Source: P.A. 88-533.)

21        (625 ILCS 5/13B-15)
22        Sec. 13B-15. Inspections.
23        (a)  Beginning with the  implementation  of  the  program
24    required  by  this Chapter, every motor vehicle that is owned
25    by a resident of an affected county,  other  than  a  vehicle
26    that  is  exempt  under  subsection (f) or (g), is subject to
27    inspection under the program.
28        The Agency shall send notice of the  assigned  inspection
29    month,  at least 15 days before the beginning of the assigned
30    month, to the owner of each vehicle subject to  the  program.
31    For  a  vehicle  that  was  subject  to inspection before the
32    effective date of this amendatory Act of 1994 and  for  which
33    an   initial   inspection   sticker   or  initial  inspection
 
HB4344 Enrolled            -22-                LRB9213778DHgc
 1    certificate has already been issued, the month to be assigned
 2    by the Agency for that vehicle shall not be earlier than  the
 3    current  assigned month, unless so requested by the owner. If
 4    the assigned month is later than the current assigned  month,
 5    the  Agency shall issue either a corrected inspection sticker
 6    or corrected certificate for that vehicle.
 7        Initial   emission   inspection   stickers   or   initial
 8    inspection certificates, as the case may be,  expire  on  the
 9    last  day  of the third month following the month assigned by
10    the Agency for the first inspection of the  vehicle.  Renewal
11    inspection stickers or certificates expire on the last day of
12    the  third  month following the month assigned for inspection
13    in the  year  in  which  the  vehicle's  next  inspection  is
14    required.
15        The  Agency  or  its  agent may issue an interim emission
16    inspection sticker or certificate for any vehicle subject  to
17    inspection  that  does  not  have  a currently valid emission
18    inspection sticker or certificate at the time the  Agency  is
19    notified  by  the Secretary of State of its registration by a
20    new owner, and  for  which  an  initial  emission  inspection
21    sticker  or  certificate  has  already  been  issued. Interim
22    emission inspection stickers or certificates expire no  later
23    than  the last day of the sixth complete calendar month after
24    the date the Agency issued the  interim  emission  inspection
25    sticker or certificate.
26        The  owner  of  each  vehicle subject to inspection shall
27    obtain an emission inspection sticker or certificate for  the
28    vehicle  in  accordance  with  this  subsection.  Before  the
29    expiration of the emission inspection sticker or certificate,
30    the   owner  shall  have  the  vehicle  inspected  and,  upon
31    demonstration  of  compliance,  obtain  a  renewal   emission
32    inspection   sticker   or  certificate.  A  renewal  emission
33    inspection sticker or certificate shall not  be  issued  more
34    than  5  months  before  the  expiration date of the previous
 
HB4344 Enrolled            -23-                LRB9213778DHgc
 1    inspection sticker or certificate.
 2        (b)  Except as provided in subsection (c), vehicles shall
 3    be inspected every 2 years on a schedule that  begins  either
 4    in  the  second,  fourth,  or  later  calendar year after the
 5    vehicle model year. The beginning test schedule shall be  set
 6    by  the  Agency  and  shall  be  consistent  with the State's
 7    requirements for emission reductions  as  determined  by  the
 8    applicable  United  States  Environmental  Protection  Agency
 9    vehicle  emissions  estimation  model and applicable guidance
10    and rules.
11        (c)  A  vehicle  may  be  inspected  out  of  its  2-year
12    inspection schedule when a new owner acquires the vehicle and
13    it should have been, but was not, in compliance with this Act
14    when the vehicle was acquired by the new owner.
15        (d)  The owner of a vehicle subject to  inspection  shall
16    have  the  vehicle  inspected  and  obtain and display on the
17    vehicle or carry within the vehicle, in a manner specified by
18    the Agency, a valid unexpired emission inspection sticker  or
19    certificate in the manner specified by the Agency.
20        Any  person who violates this subsection (d) is guilty of
21    a petty offense, except that a third or subsequent  violation
22    within  one  year  of  the  first  violation  is  a  Class  C
23    misdemeanor.  The  fine  imposed  for  a  violation  of  this
24    subsection  shall  be  not  less  than  $50  if the violation
25    occurred within 60 days following the date by which a new  or
26    renewal   emission  inspection  sticker  or  certificate  was
27    required to be obtained for the vehicle, and  not  less  than
28    $300  if  the violation occurred more than 60 days after that
29    date.
30        (e) (1)  For a $20 fee,  to  be  paid  into  the  Vehicle
31    Inspection Fund, the Agency shall inspect:
32             (A)  Vehicles   operated  on  federal  installations
33        within an affected county, pursuant to Title 40,  Section
34        51.356 of the Code of Federal Regulations.
 
HB4344 Enrolled            -24-                LRB9213778DHgc
 1             (B)  Federally  owned  vehicles operated in affected
 2        counties.
 3        (2)  For a fee of  $20,  to  be  paid  into  the  Vehicle
 4    Inspection Fund, the Agency may inspect:
 5             (A)  Vehicles registered in  and subject to emission
 6        inspections requirements of another state.
 7             (B)  Vehicles   presented   for   inspection   on  a
 8        voluntary basis.
 9        Any fees collected under this subsection shall not offset
10    normally appropriated Motor Fuel Tax Funds.
11        (f)  The  following   vehicles   are   not   subject   to
12    inspection:
13             (1)  Vehicles  not  subject  to  registration  under
14        Article IV of Chapter 3 of this Code, other than vehicles
15        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 under Section 3-117
28        of this Code.
29             (8)  Diesel  powered vehicles, and vehicles that 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 registered in,  subject  to,  and  in
 
HB4344 Enrolled            -25-                LRB9213778DHgc
 1        compliance  with  the emission inspection requirements of
 2        another state.
 3        The Agency may issue  temporary  or  permanent  exemption
 4    stickers   or   certificates   for  vehicles  temporarily  or
 5    permanently exempt from inspection under this subsection (f).
 6    An exemption sticker or  certificate  does  not  need  to  be
 7    displayed.
 8        (g)  According  to criteria the Agency may adopt, a motor
 9    vehicle may be exempted from the inspection  requirements  of
10    this  Section  by  the  Agency  on  the  basis  of  an Agency
11    determination that the vehicle is located and primarily  used
12    outside  of  the  affected counties or in other jurisdictions
13    where vehicle emission inspections  are  not  required.   The
14    Agency  may  issue an annual exemption sticker or certificate
15    without inspection for any vehicle exempted  from  inspection
16    under this subsection.
17        (h)  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        (i)  Pursuant  to Title 40, Section 51.371 of the Code of
22    Federal Regulations, the Agency shall establish a program  of
23    on-road  testing of in-use vehicles through the use of remote
24    sensing devices.  The  Agency  shall  evaluate  the  emission
25    performance  of 0.5% of the subject fleet or 20,000 vehicles,
26    whichever is  less.  Under  no  circumstances  shall  on-road
27    testing include any sort of roadblock or roadside pullover or
28    cause any type of traffic delay.
29        If,  during  the course of on-road inspections, a vehicle
30    is  found  to  exceed   the   on-road   emissions   standards
31    established  for  the  model  year  and  type of vehicle, the
32    Agency shall send a notice to the vehicle owner.  The  notice
33    shall   document   the  occurrence  and  results  of  on-road
34    exceedances. The notice of a second on-road exceedance  shall
 
HB4344 Enrolled            -26-                LRB9213778DHgc
 1    indicate  that the vehicle has been reassigned and is subject
 2    to  an  out-of-cycle  follow-up  inspection  at  an  official
 3    inspection station. In no case shall the Agency send a notice
 4    of an on-road exceedance to the owner of a vehicle  that  was
 5    found  to  exceed  the on-road emission standards established
 6    for the model year and type of  vehicle  if  the  vehicle  is
 7    registered outside of the affected counties.
 8    (Source: P.A. 90-475, eff. 8-17-97.)
 
HB4344 Enrolled            -27-                LRB9213778DHgc
 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

[ Top ]