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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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