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92_HB4344eng
HB4344 Engrossed 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 3-104, 3-413, 4-209, 12-201, 12-205,
7 12-208, 12-301, 12-501, 12-607, 12-608, 13A-104, and 13B-15
8 as 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 was manufactured to resemble a vehicle at least
13 25 years of age and of a model year after 1948 and has been
14 altered from the manufacturer's original design or has a body
15 constructed from non-original materials and which is
16 maintained for occasional transportation, exhibitions, club
17 activities, parades, tours, and similar uses and which is not
18 used for general daily transportation.
19 (625 ILCS 5/1-202.1 new)
20 Sec. 1-202.1. Street rod. A motor vehicle that is a
21 1948 or older vehicle or a vehicle that was manufactured
22 after 1948 to resemble a vehicle that was manufactured before
23 1949 and has been altered from the manufacturer's original
24 design or has a body constructed from non-original materials
25 and which is maintained for occasional transportation,
26 exhibitions, club activities, parades, tours, and similar
27 uses and which is not used for general daily transportation.
28 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
29 Sec. 3-104. Application for certificate of title.
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1 (a) The application for a certificate of title for a
2 vehicle in this State must be made by the owner to the
3 Secretary of State on the form prescribed and must contain:
4 1. The name, Illinois residence and mail address of
5 the owner;
6 2. A description of the vehicle including, so far
7 as the following data exists: Its make, year-model,
8 identifying number, type of body, whether new or used, as
9 to house trailers as defined in Section 1-128 of this
10 Code, the square footage of the house trailer based upon
11 the outside dimensions of the house trailer excluding the
12 length of the tongue and hitch, and, as to vehicles of
13 the second division, whether for-hire, not-for-hire, or
14 both for-hire and not-for-hire;
15 3. The date of purchase by applicant and, if
16 applicable, the name and address of the person from whom
17 the vehicle was acquired and the names and addresses of
18 any lienholders in the order of their priority and
19 signatures of owners;
20 4. The current odometer reading at the time of
21 transfer and that the stated odometer reading is one of
22 the following: actual mileage, not the actual mileage or
23 mileage is in excess of its mechanical limits; and
24 5. Any further information the Secretary of State
25 reasonably requires to identify the vehicle and to enable
26 him to determine whether the owner is entitled to a
27 certificate of title and the existence or nonexistence of
28 security interests in the vehicle.
29 An application for a certificate of title for a custom
30 vehicle or street rod must contain, with regard to the model
31 year of the vehicle, the model year that the body of the
32 vehicle resembles.
33 (b) If the application refers to a vehicle purchased
34 from a dealer, it must also be signed by the dealer as well
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1 as the owner, and the dealer must promptly mail or deliver
2 the application and required documents to the Secretary of
3 State.
4 (c) If the application refers to a vehicle last
5 previously registered in another State or country, the
6 application must contain or be accompanied by:
7 1. Any certified document of ownership so
8 recognized and issued by the other State or country and
9 acceptable to the Secretary of State, and
10 2. Any other information and documents the
11 Secretary of State reasonably requires to establish the
12 ownership of the vehicle and the existence or
13 nonexistence of security interests in it.
14 (d) If the application refers to a new vehicle it must
15 be accompanied by the Manufacturer's Statement of Origin, or
16 other documents as required and acceptable by the Secretary
17 of State, with such assignments as may be necessary to show
18 title in the applicant.
19 (e) If an application refers to a vehicle rebuilt from a
20 vehicle previously salvaged, that application shall comply
21 with the provisions set forth in Sections 3-302 through 3-304
22 of this Code.
23 (f) An application for a certificate of title for any
24 vehicle, whether purchased in Illinois or outside Illinois,
25 and even if previously registered in another State, must be
26 accompanied by either an exemption determination from the
27 Department of Revenue showing that no tax imposed pursuant to
28 the Use Tax Act or the vehicle use tax imposed by Section
29 3-1001 of the Illinois Vehicle Code is owed by anyone with
30 respect to that vehicle, or a receipt from the Department of
31 Revenue showing that any tax so imposed has been paid. An
32 application for a certificate of title for any vehicle
33 purchased outside Illinois, even if previously registered in
34 another state, must be accompanied by either an exemption
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1 determination from the Department of Revenue showing that no
2 tax imposed pursuant to the Municipal Use Tax Act or the
3 County Use Tax Act is owed by anyone with respect to that
4 vehicle, or a receipt from the Department of Revenue showing
5 that any tax so imposed has been paid. In the absence of
6 such a receipt for payment or determination of exemption from
7 the Department, no certificate of title shall be issued to
8 the applicant.
9 If the proof of payment of the tax or of nonliability
10 therefor is, after the issuance of the certificate of title
11 and display certificate of title, found to be invalid, the
12 Secretary of State shall revoke the certificate and require
13 that the certificate of title and, when applicable, the
14 display certificate of title be returned to him.
15 (g) If the application refers to a vehicle not
16 manufactured in accordance with federal safety and emission
17 standards, the application must be accompanied by all
18 documents required by federal governmental agencies to meet
19 their standards before a vehicle is allowed to be issued
20 title and registration.
21 (h) If the application refers to a vehicle sold at
22 public sale by a sheriff, it must be accompanied by the
23 required fee and a bill of sale issued and signed by a
24 sheriff. The bill of sale must identify the new owner's name
25 and address, the year model, make and vehicle identification
26 number of the vehicle, court order document number
27 authorizing such sale, if applicable, and the name and
28 address of any lienholders in order of priority, if
29 applicable.
30 (i) If the application refers to a vehicle for which a
31 court of law determined the ownership, it must be accompanied
32 with a certified copy of such court order and the required
33 fee. The court order must indicate the new owner's name and
34 address, the complete description of the vehicle, if known,
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1 the name and address of the lienholder, if any, and must be
2 signed and dated by the judge issuing such order.
3 (j) If the application refers to a vehicle sold at
4 public auction pursuant to the Labor and Storage Lien (Small
5 Amount) Act, it must be accompanied by an affidavit or
6 affirmation furnished by the Secretary of State along with
7 the documents described in the affidavit or affirmation and
8 the required fee.
9 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
10 90-655, eff. 7-30-98.)
11 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
12 Sec. 3-413. Display of registration plates, registration
13 stickers and driveway decal permits.
14 (a) Registration plates issued for a motor vehicle other
15 than a motorcycle, trailer, semitrailer, truck-tractor,
16 apportioned bus, or apportioned truck shall be attached
17 thereto, one in the front and one in the rear. The
18 registration plate issued for a motorcycle, trailer or
19 semitrailer required to be registered hereunder and any
20 apportionment plate issued to a bus under the provisions of
21 this Code shall be attached to the rear thereof. The
22 registration plate issued for a truck-tractor or an
23 apportioned truck required to be registered hereunder shall
24 be attached to the front thereof.
25 (b) Every registration plate shall at all times be
26 securely fastened in a horizontal position to the vehicle for
27 which it is issued so as to prevent the plate from swinging
28 and at a height of not less than 5 inches 12 inches from the
29 ground, measuring from the bottom of such plate, in a place
30 and position to be clearly visible and shall be maintained in
31 a condition to be clearly legible, free from any materials
32 that would obstruct the visibility of the plate, including,
33 but not limited to, glass covers and tinted plastic covers.
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1 Clear plastic covers are permissible as long as they remain
2 clear and do not obstruct the visibility of the plates.
3 Registration stickers issued as evidence of renewed annual
4 registration shall be attached to registration plates as
5 required by the Secretary of State, and be clearly visible at
6 all times.
7 (c) Every driveway decal permit issued pursuant to this
8 Code shall be firmly attached to the inside windshield of the
9 motor vehicle in such a manner that it cannot be removed
10 without being destroyed. If such decal permits are affixed
11 to a motor vehicle in any other manner the permit shall be
12 void and of no effect.
13 (d) The Illinois prorate decal issued to a foreign
14 registered vehicle part of a fleet prorated or apportioned
15 with Illinois, shall be displayed on a registration plate and
16 displayed on the front of such vehicle in the same manner as
17 an Illinois registration plate.
18 (e) The registration plate issued for a camper body
19 mounted on a truck displaying registration plates shall be
20 attached to the rear of the camper body.
21 (f) No person shall operate a vehicle, nor permit the
22 operation of a vehicle, upon which is displayed an Illinois
23 registration plate, plates or registration stickers after the
24 termination of the registration period for which issued or
25 after the expiration date set pursuant to Sections 3-414 and
26 3-414.1 of this Code.
27 (Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.)
28 (625 ILCS 5/3-804.1 new)
29 Sec. 3-804.1. Custom vehicles.
30 (a) The owner of a custom vehicle may register that
31 vehicle for the standard registration fee for a vehicle of
32 the first division, other than a motorcycle, motor driven
33 cycle, or pedalcycle, and obtain a custom vehicle plate. The
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1 application for registration must be accompanied by an
2 affirmation of the owner that the vehicle will be maintained
3 for occasional transportation, exhibitions, club activities,
4 parades, tours, and similar uses and will not be used for
5 general daily transportation. The Secretary may, in his or
6 her discretion, prescribe that custom vehicle plates be
7 issued for a definite or an indefinite term, the term to
8 correspond to the term of registration plates issued
9 generally, as provided in Section 3-414.1. In no event may
10 the registration fee for custom vehicles exceed the standard
11 fee per registration year. Any person requesting custom
12 vehicle plates under this Section may also apply to have
13 vanity or personalized plates as provided under Section
14 3-405.1.
15 (b) Upon initial registration of a custom vehicle, the
16 owner of the custom vehicle must provide proof acceptable to
17 the Secretary that, no more than 3 months before the date of
18 the application for registration, the custom vehicle passed a
19 safety inspection that (i) has been approved by the Secretary
20 and (ii) is equivalent to the National Street Rod
21 Association's prescribed vehicle safety inspection.
22 Except where otherwise provided, custom vehicles are
23 considered to be in compliance with all vehicle equipment
24 requirements if they have passed the approved vehicle safety
25 inspection.
26 (625 ILCS 5/3-804.2 new)
27 Sec. 3-804.2. Street rods.
28 (a) The owner of a street rod may register the vehicle
29 for the standard registration fee for a vehicle of the first
30 division, other than a motorcycle, motor driven cycle, or
31 pedalcycle, and obtain a street rod plate. The application
32 for registration must be accompanied by an affirmation of the
33 owner that the vehicle will be maintained for occasional
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1 transportation, exhibitions, club activities, parades, tours,
2 and similar uses and will not be used for general daily
3 transportation. The Secretary may, in his or her discretion,
4 prescribe that street rod plates be issued for a definite or
5 an indefinite term, the term to correspond to the term of
6 registration plates issued generally, as provided in Section
7 3-414.1. In no event may the registration fee for street rods
8 exceed the standard fee per registration year. Any person
9 requesting street rod plates under this Section may also
10 apply to have vanity or personalized plates as provided under
11 Section 3-405.1.
12 (b) Upon initial registration of a street rod, the owner
13 of the street rod must provide proof acceptable to the
14 Secretary that, no more than 3 months before the date of the
15 application for registration, the street rod passed a safety
16 inspection that (i) has been approved by the Secretary and
17 (ii) is equivalent to the National Street Rod Association's
18 prescribed vehicle safety inspection.
19 Except where otherwise provided, street rods are
20 considered to be in compliance with all vehicle equipment
21 requirements if they have passed the approved vehicle safety
22 inspection.
23 (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
24 Sec. 4-209. Disposal of unclaimed vehicles more than 7
25 years of age; disposal of abandoned or unclaimed vehicles
26 without notice.
27 (a) When the identity of the registered owner,
28 lienholder, or other legally entitled persons of an
29 abandoned, lost, or unclaimed vehicle of 7 years of age or
30 newer cannot be determined by any means provided for in this
31 Chapter, the vehicle may be sold as provided in Section 4-208
32 without notice to any person whose identity cannot be
33 determined.
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1 (b) When an abandoned vehicle of more than 7 years of
2 age is impounded as specified by this Chapter, or when any
3 such vehicle is towed at the request or with the consent of
4 the owner or operator and is subsequently abandoned, it will
5 be kept in custody or storage for a minimum of 10 days for
6 the purpose of determining the identity of the registered
7 owner, lienholder, or other legally entitled persons and
8 contacting the registered owner, lienholder, or other legally
9 entitled persons by the U. S. Mail, public service or in
10 person for a determination of disposition; and, an
11 examination of the State Police stolen vehicle files for
12 theft and wanted information. At the expiration of the 10 day
13 period, without the benefit of disposition information being
14 received from the registered owner, lienholder, or other
15 legally entitled persons, the vehicle may be disposed of in
16 either of the following ways:
17 (1) The law enforcement agency having jurisdiction
18 will authorize the disposal of the vehicle as junk or
19 salvage.
20 (2) The towing service may sell the vehicle in the
21 manner provided in Section 4-208 of this Code, provided
22 that this paragraph (2) shall not apply to vehicles towed
23 by order or authorization of a law enforcement agency.
24 (c) A vehicle classified as an antique vehicle, custom
25 vehicle, or street rod may however be sold to a person
26 desiring to restore it.
27 (Source: P.A. 89-433, eff. 12-15-95.)
28 (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
29 Sec. 12-201. When lighted lamps are required.
30 (a) When operated upon any highway in this State, every
31 motorcycle shall at all times exhibit at least one lighted
32 lamp, showing a white light visible for at least 500 feet in
33 the direction the motorcycle is proceeding. However, in lieu
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1 of such lighted lamp, a motorcycle may be equipped with and
2 use a means of modulating the upper beam of the head lamp
3 between high and a lower brightness. No such head lamp shall
4 be modulated, except to otherwise comply with this Code,
5 during times when lighted lamps are required for other motor
6 vehicles.
7 (b) All other motor vehicles shall exhibit at least 2
8 lighted head lamps, with at least one on each side of the
9 front of the vehicle, which satisfy United States Department
10 of Transportation requirements, showing white lights,
11 including that emitted by high intensity discharge (HID)
12 lamps, or lights of a yellow or amber tint, during the period
13 from sunset to sunrise, at times when rain, snow, fog, or
14 other atmospheric conditions require the use of windshield
15 wipers, and at any other times when, due to insufficient
16 light or unfavorable atmospheric conditions, persons and
17 vehicles on the highway are not clearly discernible at a
18 distance of 1000 feet. Parking lamps may be used in addition
19 to but not in lieu of such head lamps. Every motor vehicle,
20 trailer, or semi-trailer shall also exhibit at least 2
21 lighted lamps, commonly known as tail lamps, which shall be
22 mounted on the left rear and right rear of the vehicle so as
23 to throw a red light visible for at least 500 feet in the
24 reverse direction, except that a truck tractor or road
25 tractor manufactured before January 1, 1968 and all
26 motorcycles need be equipped with only one such tail lamp.
27 (c) Either a tail lamp or a separate lamp shall be so
28 constructed and placed as to illuminate with a white light a
29 rear registration plate when required and render it clearly
30 legible from a distance of 50 feet to the rear. Any tail lamp
31 or tail lamps, together with any separate lamp or lamps for
32 illuminating a rear registration plate, shall be so wired as
33 to be lighted whenever the head lamps or auxiliary driving
34 lamps are lighted.
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1 (d) A person shall install only head lamps that satisfy
2 United States Department of Transportation regulations and
3 show white light, including that emitted by HID lamps, or
4 light of a yellow or amber tint for use by a motor vehicle.
5 (e) For purposes of this Section, a custom vehicle or
6 street rod is considered to be in compliance with all vehicle
7 lamp requirements if it has passed the approved safety
8 inspection provided for in Section 3-804.1 or 3-804.2.
9 (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00;
10 92-16, eff. 6-28-01.)
11 (625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
12 Sec. 12-205. Lamps on other vehicles and equipment. Every
13 vehicle, including animal drawn vehicles, referred to in
14 paragraph (b) of Section 12-101, not specifically required by
15 the provisions of this Article to be equipped with lamps or
16 other lighting devices, shall at all times specified in
17 Section 12-201 of this Act be equipped with at least 2 lamps
18 on the power or towing unit, displaying a white light visible
19 from a distance of not less than 1,000 feet to the front of
20 such vehicle and shall also be equipped with 2 lamps each
21 displaying a red light visible from a distance of not less
22 than 1,000 feet to the rear of such vehicle.
23 Where the towed unit or any load thereon partially or
24 totally obscures the 2 lamps displaying red light to the rear
25 of the towing unit, the rearmost towed unit shall be equipped
26 with 2 lamps displaying red light visible from a distance of
27 not less than 1,000 feet to the rear of such towed unit which
28 are positioned in such a manner as to not obstruct the
29 visibility of the red light to any vehicle operator
30 approaching from the rear of such vehicle or combination of
31 vehicles.
32 Where the 2 lamps displaying red light are not obscured
33 by the towed unit or its load, then either towing unit or
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1 towed unit, or both, may be equipped with the 2 lamps
2 displaying red light as required.
3 The preceding paragraph does not apply to antique
4 vehicles, custom vehicles, or street rods. An antique vehicle
5 shall be equipped with lamps of the same type originally
6 installed by the manufacturer as original equipment and in
7 working order.
8 (Source: P.A. 85-830.)
9 (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
10 Sec. 12-208. Signal lamps and signal devices.
11 (a) Every vehicle other than an antique vehicle
12 displaying an antique plate operated in this State shall be
13 equipped with a stop lamp or lamps on the rear of the vehicle
14 which shall display a red or amber light visible from a
15 distance of not less than 500 feet to the rear in normal
16 sunlight and which shall be actuated upon application of the
17 service (foot) brake, and which may but need not be
18 incorporated with other rear lamps. During times when lighted
19 lamps are not required, an antique vehicle may be equipped
20 with a stop lamp or lamps on the rear of such vehicle of the
21 same type originally installed by the manufacturer as
22 original equipment and in working order. However, at all
23 other times, such antique vehicle must be equipped with stop
24 lamps meeting the requirements of Section 12-208 of this Act.
25 (b) Every motor vehicle other than an antique vehicle
26 displaying an antique plate shall be equipped with an
27 electric turn signal device which shall indicate the
28 intention of the driver to turn to the right or to the left
29 in the form of flashing lights located at and showing to the
30 front and rear of the vehicle on the side of the vehicle
31 toward which the turn is to be made. The lamps showing to the
32 front shall be mounted on the same level and as widely spaced
33 laterally as practicable and, when signaling, shall emit a
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1 white or amber light, or any shade of light between white and
2 amber. The lamps showing to the rear shall be mounted on the
3 same level and as widely spaced laterally as practicable and,
4 when signaling, shall emit a red or amber light. An antique
5 vehicle shall be equipped with a turn signal device of the
6 same type originally installed by the manufacturer as
7 original equipment and in working order.
8 (c) Every trailer and semitrailer shall be equipped with
9 an electric turn signal device which indicates the intention
10 of the driver in the power unit to turn to the right or to
11 the left in the form of flashing red or amber lights located
12 at the rear of the vehicle on the side toward which the turn
13 is to be made and mounted on the same level and as widely
14 spaced laterally as practicable.
15 (d) Turn signal lamps must be visible from a distance of
16 not less than 300 feet in normal sunlight.
17 (e) Motorcycles and motor-driven cycles need not be
18 equipped with electric turn signals. Antique vehicles need
19 not be equipped with turn signals unless such were installed
20 by the manufacturer as original equipment.
21 (f) For purposes of this Section, a custom vehicle or
22 street rod is considered to be in compliance with all signal
23 lamp and signal device requirements if it has passed the
24 approved safety inspection provided for in Section 3-804.1 or
25 3-804.2.
26 (Source: P.A. 77-37.)
27 (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
28 Sec. 12-301. Brakes.
29 (a) Brake equipment required.
30 1. Every motor vehicle, other than a motor-driven
31 cycle and an antique vehicle displaying an antique plate,
32 when operated upon a highway shall be equipped with
33 brakes adequate to control the movement of and to stop
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1 and hold such vehicle, including 2 separate means of
2 applying the brakes, each of which means shall be
3 effective to apply the brakes to at least one wheel on a
4 motorcycle and at least 2 wheels on all other first
5 division and second division vehicles. If these 2
6 separate means of applying the brakes are connected in
7 any way, they shall be so constructed that failure of any
8 one part of the operating mechanism shall not leave the
9 motor vehicle without brakes.
10 2. Every motor-driven cycle when operated upon a
11 highway shall be equipped with at least one brake which
12 may be operated by hand or foot.
13 3. Every antique vehicle shall be equipped with the
14 brakes of the same type originally installed by the
15 manufacturer as original equipment and in working order.
16 4. Every trailer or semitrailer of a gross weight
17 of over 3,000 pounds, when operated upon a highway must
18 be equipped with brakes adequate to control the movement
19 of, to stop and to hold such vehicle, and designed so as
20 to be operable by the driver of the towing vehicle from
21 its cab. Such brakes must be so designed and connected
22 that in case of an accidental breakaway of a towed
23 vehicle over 5,000 pounds, the brakes are automatically
24 applied.
25 5. Every motor vehicle, trailer, pole trailer or
26 semitrailer, sold in this State or operated upon the
27 highways shall be equipped with service brakes upon all
28 wheels of every such vehicle, except any motor-driven
29 cycle, and except that any trailer, pole trailer or
30 semitrailer 3,000 pounds gross weight or less need not be
31 equipped with brakes, and except that any trailer or
32 semitrailer with gross weight over 3,000 pounds but under
33 5,001 pounds need be equipped with brakes on only one
34 wheel on each side of the vehicle. Any motor vehicle and
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1 truck tractor having 3 or more axles and manufactured
2 prior to July 25, 1980 need not have brakes on the front
3 wheels, except when such vehicles are equipped with at
4 least 2 steerable axles, the wheels of one such axle need
5 not be equipped with brakes. However, a vehicle that is
6 more than 30 years of age and which is driven on the
7 highways only in going to and returning from an antique
8 auto show or for servicing or for a demonstration need be
9 equipped with 2 wheel brakes only.
10 (b) Performance ability of brakes.
11 1. The service brakes upon any motor vehicle or
12 combination of vehicles operating on a level surface
13 shall be adequate to stop such vehicle or vehicles when
14 traveling 20 miles per hour within a distance of 30 feet
15 when upon dry asphalt or concrete pavement surface free
16 from loose material.
17 2. Under the above conditions the hand brake shall
18 be adequate to stop such vehicle or vehicles, except any
19 motorcycle, within a distance of 55 feet and the hand
20 brake shall be adequate to hold such vehicle or vehicles
21 stationary on any grade upon which operated.
22 3. Under the above conditions the service brakes
23 upon an antique vehicle shall be adequate to stop the
24 vehicle within a distance of 40 feet and the hand brake
25 adequate to stop the vehicle within a distance of 55
26 feet.
27 4. All braking distances specified in this Section
28 apply to all vehicles mentioned, whether such vehicles
29 are unloaded or are loaded to the maximum capacity
30 permitted under this Act.
31 5. All brakes shall be maintained in good working
32 order and shall be so adjusted as to operate as equally
33 as practicable with respect to the wheels on opposite
34 sides of the vehicle.
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1 6. Brake assembly requirements for mobile homes
2 shall be the standards required by the United States
3 Department of Housing and Urban Development adopted under
4 Title VI of the Housing and Community Development Act of
5 1974.
6 (c) For purposes of this Section, a custom vehicle or
7 street rod is considered to be in compliance with all brake
8 equipment requirements if it has passed the approved vehicle
9 safety inspection provided for in Section 3-804.1 or 3-804.2.
10 (Source: P.A. 86-447; 86-1340.)
11 (625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
12 Sec. 12-501. Windshields and safety glazing material in
13 motor vehicles.
14 (a) Every motor vehicle operated upon the highways of
15 this State shall be equipped with a front windshield which
16 complies with those standards as established pursuant to this
17 Section and Section 12-503 of this Code. This subsection
18 shall not apply to motor vehicles designed and used
19 exclusively for off-highway use, motorcycles, motor-driven
20 cycles, motorized pedalcycles, nor to motor vehicles
21 registered as antique vehicles, custom vehicles, or street
22 rods when the original design of such vehicles did not
23 include front windshields.
24 (b) No person shall knowingly sell any 1936 or later
25 model motor vehicle unless such vehicle is equipped with
26 safety glazing material conforming to specifications
27 prescribed by the Department wherever glazing material is
28 used in doors, windows and windshields. Regulations
29 promulgated by the Department specifying standards for safety
30 glazing material on windshields shall, as a minimum, conform
31 with those applicable Federal Motor Vehicles Safety Standards
32 (49 CFR 571.205). These provisions apply to all motor
33 vehicles of the first and second division but with respect to
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1 trucks, including truck tractors, the requirements as to
2 safety glazing material apply to all glazing material used in
3 doors, windows and windshields in the drivers' compartments
4 of such vehicles.
5 (c) It is unlawful for the owner or any other person
6 knowingly to install or cause to be installed in any motor
7 vehicle any glazing material other than safety glazing
8 material conforming to the specifications prescribed by the
9 Department.
10 (Source: P.A. 85-1144.)
11 (625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607)
12 Sec. 12-607. Suspension System.
13 (a) It shall be unlawful to operate a motor vehicle on
14 any highway of this State when the suspension system has been
15 modified from the original manufactured design by lifting the
16 body from the chassis in excess of 3 inches or to cause the
17 horizontal line from the front to the rear bumper to vary
18 over 3 inches in height when measured from a level surface of
19 the highway to the lower edge of the bumper, except that it
20 is unlawful to operate a street rod or custom vehicle when
21 the suspension system has been modified from the original
22 manufactured design so that the horizontal line from the
23 front to the rear bumper varies over 7 inches in height when
24 measured from a level surface of the highway to the lower
25 edge of the bumper.
26 (b) Nothing in this Section shall prevent the
27 installation of manufactured heavy duty equipment to include
28 shock absorbers and overload springs, nor shall anything
29 contained in this Section prevent a person to operate a motor
30 vehicle on any highway of this State with normal wear of the
31 suspension system if normal wear does not affect the control
32 or safe operation of the vehicle. This Section shall not
33 apply to motor vehicles designed or modified primarily for
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1 off-highway racing purposes while such vehicles are in tow or
2 to motorcycles or motor driven cycles.
3 (Source: P.A. 78-436.)
4 (625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
5 Sec. 12-608. Bumpers.
6 (a) It shall be unlawful to operate any motor vehicle
7 with a gross vehicle weight rating of 9,000 pounds or less or
8 any motor vehicle registered as a recreational vehicle under
9 this Code on any highway of this State unless such motor
10 vehicle is equipped with both a front and rear bumper.
11 Except as indicated below, maximum bumper heights of such
12 motor vehicles shall be determined by weight category of
13 gross vehicle weight rating (GVWR) measured from a level
14 surface to the highest point of the bottom of the bumper when
15 the vehicle is unloaded and the tires are inflated to the
16 manufacturer's recommended pressure.
17 Maximum bumper heights are as follows:
18 Maximum Front Maximum Rear
19 Bumper height Bumper Height
20 All motor vehicles of the first
21 division except multipurpose
22 passenger vehicles: 22 inches 22 inches
23 Multipurpose passenger vehicles and
24 all other motor vehicles:
25 4,500 lbs. and under GVWR 24 inches 26 inches
26 4,501 lbs. through 7,500
27 lbs. GVWR 27 inches 29 inches
28 7,501 lbs. through 9,000
29 lbs. GVWR 28 inches 30 inches
30 For any vehicle with bumpers or attaching components
31 which have been modified or altered from the original
32 manufacturer's design in order to conform with the maximum
33 bumper requirements of this section, the bumper height shall
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1 be measured from a level surface to the bottom of the vehicle
2 frame rail at the most forward and rearward points of the
3 frame rail. The bumper on any vehicle so modified or altered
4 shall be at least 4.5 inches in vertical height and extend no
5 less than the width of the respective wheel tracks outermost
6 distance.
7 However, nothing in this Section shall prevent the
8 installation of bumper guards.
9 (b) This Section shall not apply to street rods, custom
10 vehicles, motor vehicles designed or modified primarily for
11 off-highway purposes while such vehicles are in tow or to
12 motorcycles or motor driven cycles, nor to motor vehicles
13 registered as antique vehicles when the original design of
14 such antique vehicles did not include bumpers. The provisions
15 of this Section shall not apply to any motor vehicle driven
16 during the first 1000 recorded miles of that vehicle, when
17 such vehicle is owned or operated by a manufacturer, dealer
18 or transporter displaying a special plate or plates as
19 described in Chapter 3 of this Code while such vehicle is (1)
20 being delivered from the manufacturing or assembly plant
21 directly to the purchasing dealer or distributor, or from one
22 dealership or distributor to another; (2) being moved by the
23 most direct route from one location to another for the
24 purpose of installing special bodies or equipment; or (3)
25 being driven for purposes of demonstration by a prospective
26 buyer with the dealer or his agent present in the cab of the
27 vehicle during the demonstration.
28 The dealer shall, prior to the receipt of any deposit
29 made or any contract signed by the buyer to secure the
30 purchase of a vehicle, inform such buyer, by written
31 statement signed by the purchaser to indicate acknowledgement
32 of the contents thereof, of the legal requirements of this
33 Section regarding front and rear bumpers if such vehicle is
34 not to be equipped with bumpers at the time of delivery.
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1 (c) Any violation of this Section is a Class C
2 misdemeanor. A second conviction under this Section shall be
3 punishable with a fine of not less than $500. An officer
4 making an arrest under this Section shall order the vehicle
5 driver to remove the vehicle from the highway. A person
6 convicted under this Section shall be ordered to bring his
7 vehicle into compliance with this Section.
8 (Source: P.A. 86-498.)
9 (625 ILCS 5/13A-104) (from Ch. 95 1/2, par. 13A-104)
10 Sec. 13A-104. Inspections.
11 (a) Every motor vehicle which is owned by a resident of
12 the original inspection area, other than a vehicle which is
13 exempt under subsection (d) or (e), shall be subject to
14 inspection under the program.
15 Beginning January 1, 1992, every motor vehicle which is
16 owned by a resident of the new inspection area, other than a
17 vehicle which is exempt under subsection (d) or (e), shall be
18 subject to inspection under the program.
19 In accordance with the schedule in subsection (b), the
20 Agency shall assign an inspection month for each vehicle
21 subject to inspection under the program, and shall send
22 notice thereof to the owner of the vehicle not less than 15
23 days prior to the beginning of the assigned month. For a
24 vehicle that was not previously subject to inspection, the
25 Agency shall also send an initial emission inspection sticker
26 to the owner of the vehicle. For a vehicle that was
27 previously subject to inspection and for which an initial
28 inspection sticker has already been issued, the month to be
29 assigned by the Agency for that vehicle shall not be earlier
30 than the current assigned month, unless so requested by the
31 owner; if the assigned month is later than the current
32 assigned month, the Agency shall issue a corrected inspection
33 sticker for that vehicle.
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1 Initial emission inspection stickers shall expire on the
2 last day of the third month following the month assigned by
3 the Agency for the first inspection of the vehicle in
4 accordance with the schedule in subsection (b). Renewal
5 inspection stickers shall expire on the last day of the third
6 month following the month assigned for inspection in the year
7 in which the vehicle's next inspection is required in
8 accordance with the schedule in subsection (b).
9 The Agency or its agent may issue a temporary emission
10 inspection sticker for any vehicle subject to inspection
11 which does not have a currently valid emission inspection
12 sticker at the time the Agency is notified by the Secretary
13 of State of its registration by a new owner, and for which an
14 initial emission inspection sticker has already been issued.
15 Such temporary emission inspection sticker shall expire on
16 the last day of the fourth complete calendar month after the
17 date the Agency is notified by the Secretary of State of the
18 registration of the vehicle by the new owner, but not earlier
19 than the end of the second complete calendar year after the
20 vehicle's model year.
21 The owner of each vehicle subject to inspection shall
22 obtain an emission inspection sticker for the vehicle in
23 accordance with this subsection. Prior to the expiration of
24 the emission inspection sticker, the owner shall have the
25 vehicle inspected and obtain a renewal emission inspection
26 sticker. A renewal emission inspection sticker shall not be
27 issued more than 5 months prior to the expiration date of the
28 previous inspection sticker.
29 (b) Except as provided in subsection (b-5), vehicles
30 subject to inspection shall be assigned inspection months
31 according to the following schedule:
32 (1) Vehicles of a model year before 1985 shall be
33 assigned an inspection month in 1991 and annually
34 thereafter.
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1 (2) Vehicles of model year 1985 shall be assigned
2 an inspection month in 1992 and annually thereafter.
3 (3) Vehicles of model year 1986 shall be assigned
4 an inspection month in 1991, 1993, and annually
5 thereafter.
6 (4) Vehicles of model year 1987 shall be assigned
7 an inspection month in 1992, 1994, and annually
8 thereafter.
9 (5) Vehicles of model year 1988 shall be assigned
10 an inspection month in 1991, 1993, 1995 and annually
11 thereafter.
12 (6) Vehicles of model year 1989 shall be assigned
13 an inspection month in 1992, 1994, 1996, and annually
14 thereafter.
15 (7) Vehicles of model year 1990 shall be assigned
16 an inspection month in 1993, 1995, 1997, and annually
17 thereafter.
18 (b-5) Beginning July 1, 1994, or as soon as practicable
19 thereafter, vehicles shall be assigned an inspection month
20 and inspected every 2 years on a schedule that begins in the
21 second calendar year after the vehicle model year. A vehicle
22 may be assigned an inspection month and inspected on a
23 schedule other than according to this subsection when a new
24 owner acquires a vehicle that should have been, but was not,
25 in compliance with this Act at the time the vehicle was
26 acquired by the new owner.
27 (c) The owner of every vehicle subject to inspection
28 shall have the vehicle inspected and obtain and display
29 thereon a valid unexpired emission inspection sticker in the
30 manner specified by the Agency.
31 Any person who violates this subsection (c) shall be
32 guilty of a petty offense, except that a third or subsequent
33 violation within one year shall be a Class C misdemeanor. The
34 fine imposed for a violation of this subsection shall be not
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1 less than $50 if the violation occurred within 60 days
2 following the date by which a new or renewal emission
3 inspection sticker was required to be obtained for the
4 vehicle, and not less than $300 if the violation occurred
5 more than 60 days after such date.
6 (d) The following vehicles are not subject to
7 inspection:
8 (1) vehicles not subject to registration under
9 Article IV of Chapter 3 of The Illinois Vehicle Code,
10 other than vehicles owned by the federal government;
11 (2) motorcycles, motor driven cycles and motorized
12 pedalcycles;
13 (3) farm vehicles and implements of husbandry;
14 (4) implements of warfare owned by the State or
15 federal government;
16 (5) antique vehicles, custom vehicles, street rods,
17 and vehicles of model year 1967 or before;
18 (6) vehicles operated exclusively for parade or
19 ceremonial purposes by any veterans, fraternal or civic
20 organization, organized on a not-for-profit basis;
21 (7) vehicles for which a Junking Certificate has
22 been issued by the Secretary of State pursuant to Section
23 3-117 of The Illinois Vehicle Code;
24 (8) diesel powered vehicles, and vehicles which are
25 powered exclusively by electricity;
26 (9) vehicles operated exclusively in organized
27 amateur or professional sporting activities, as defined
28 in the Environmental Protection Act;
29 (10) vehicles which were purchased new by the
30 current owner less than 24 months prior to the assigned
31 test month.
32 The Agency may issue temporary or permanent exemption
33 stickers, respectively, for vehicles temporarily or
34 permanently exempt from inspection under this subsection (d);
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1 however, the owner of an exempt vehicle need not obtain or
2 display an exemption sticker.
3 (e) Pursuant to such criteria as the Agency may adopt, a
4 motor vehicle may be exempted from the inspection
5 requirements of this Section by the Agency on the basis of an
6 Agency determination that such vehicle is owned and operated
7 by a corporation or other business entity, and that the situs
8 of such vehicle is located, and it is primarily used, outside
9 of the affected counties. The Agency may issue an annual
10 exemption sticker without inspection for any vehicle exempted
11 from inspection under this subsection (e).
12 (f) Any owner or lessee of a fleet of 15 or more motor
13 vehicles which are subject to inspection under this Section
14 may apply to the Agency for a permit to establish and operate
15 a Private Official Inspection Station.
16 (Source: P.A. 88-533.)
17 (625 ILCS 5/13B-15)
18 Sec. 13B-15. Inspections.
19 (a) Beginning with the implementation of the program
20 required by this Chapter, every motor vehicle that is owned
21 by a resident of an affected county, other than a vehicle
22 that is exempt under subsection (f) or (g), is subject to
23 inspection under the program.
24 The Agency shall send notice of the assigned inspection
25 month, at least 15 days before the beginning of the assigned
26 month, to the owner of each vehicle subject to the program.
27 For a vehicle that was subject to inspection before the
28 effective date of this amendatory Act of 1994 and for which
29 an initial inspection sticker or initial inspection
30 certificate has already been issued, the month to be assigned
31 by the Agency for that vehicle shall not be earlier than the
32 current assigned month, unless so requested by the owner. If
33 the assigned month is later than the current assigned month,
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1 the Agency shall issue either a corrected inspection sticker
2 or corrected certificate for that vehicle.
3 Initial emission inspection stickers or initial
4 inspection certificates, as the case may be, expire on the
5 last day of the third month following the month assigned by
6 the Agency for the first inspection of the vehicle. Renewal
7 inspection stickers or certificates expire on the last day of
8 the third month following the month assigned for inspection
9 in the year in which the vehicle's next inspection is
10 required.
11 The Agency or its agent may issue an interim emission
12 inspection sticker or certificate for any vehicle subject to
13 inspection that does not have a currently valid emission
14 inspection sticker or certificate at the time the Agency is
15 notified by the Secretary of State of its registration by a
16 new owner, and for which an initial emission inspection
17 sticker or certificate has already been issued. Interim
18 emission inspection stickers or certificates expire no later
19 than the last day of the sixth complete calendar month after
20 the date the Agency issued the interim emission inspection
21 sticker or certificate.
22 The owner of each vehicle subject to inspection shall
23 obtain an emission inspection sticker or certificate for the
24 vehicle in accordance with this subsection. Before the
25 expiration of the emission inspection sticker or certificate,
26 the owner shall have the vehicle inspected and, upon
27 demonstration of compliance, obtain a renewal emission
28 inspection sticker or certificate. A renewal emission
29 inspection sticker or certificate shall not be issued more
30 than 5 months before the expiration date of the previous
31 inspection sticker or certificate.
32 (b) Except as provided in subsection (c), vehicles shall
33 be inspected every 2 years on a schedule that begins either
34 in the second, fourth, or later calendar year after the
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1 vehicle model year. The beginning test schedule shall be set
2 by the Agency and shall be consistent with the State's
3 requirements for emission reductions as determined by the
4 applicable United States Environmental Protection Agency
5 vehicle emissions estimation model and applicable guidance
6 and rules.
7 (c) A vehicle may be inspected out of its 2-year
8 inspection schedule when a new owner acquires the vehicle and
9 it should have been, but was not, in compliance with this Act
10 when the vehicle was acquired by the new owner.
11 (d) The owner of a vehicle subject to inspection shall
12 have the vehicle inspected and obtain and display on the
13 vehicle or carry within the vehicle, in a manner specified by
14 the Agency, a valid unexpired emission inspection sticker or
15 certificate in the manner specified by the Agency.
16 Any person who violates this subsection (d) is guilty of
17 a petty offense, except that a third or subsequent violation
18 within one year of the first violation is a Class C
19 misdemeanor. The fine imposed for a violation of this
20 subsection shall be not less than $50 if the violation
21 occurred within 60 days following the date by which a new or
22 renewal emission inspection sticker or certificate was
23 required to be obtained for the vehicle, and not less than
24 $300 if the violation occurred more than 60 days after that
25 date.
26 (e) (1) For a $20 fee, to be paid into the Vehicle
27 Inspection Fund, the Agency shall inspect:
28 (A) Vehicles operated on federal installations
29 within an affected county, pursuant to Title 40, Section
30 51.356 of the Code of Federal Regulations.
31 (B) Federally owned vehicles operated in affected
32 counties.
33 (2) For a fee of $20, to be paid into the Vehicle
34 Inspection Fund, the Agency may inspect:
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1 (A) Vehicles registered in and subject to emission
2 inspections requirements of another state.
3 (B) Vehicles presented for inspection on a
4 voluntary basis.
5 Any fees collected under this subsection shall not offset
6 normally appropriated Motor Fuel Tax Funds.
7 (f) The following vehicles are not subject to
8 inspection:
9 (1) Vehicles not subject to registration under
10 Article IV of Chapter 3 of this Code, other than vehicles
11 owned by the federal government.
12 (2) Motorcycles, motor driven cycles, and motorized
13 pedalcycles.
14 (3) Farm vehicles and implements of husbandry.
15 (4) Implements of warfare owned by the State or
16 federal government.
17 (5) Antique vehicles, custom vehicles, street rods,
18 and vehicles of model year 1967 or before.
19 (6) Vehicles operated exclusively for parade or
20 ceremonial purposes by any veterans, fraternal, or civic
21 organization, organized on a not-for-profit basis.
22 (7) Vehicles for which a Junking Certificate has
23 been issued by the Secretary of State under Section 3-117
24 of this Code.
25 (8) Diesel powered vehicles, and vehicles that are
26 powered exclusively by electricity.
27 (9) Vehicles operated exclusively in organized
28 amateur or professional sporting activities, as defined
29 in the Environmental Protection Act.
30 (10) Vehicles registered in, subject to, and in
31 compliance with the emission inspection requirements of
32 another state.
33 The Agency may issue temporary or permanent exemption
34 stickers or certificates for vehicles temporarily or
HB4344 Engrossed -28- LRB9213778DHgc
1 permanently exempt from inspection under this subsection (f).
2 An exemption sticker or certificate does not need to be
3 displayed.
4 (g) According to criteria the Agency may adopt, a motor
5 vehicle may be exempted from the inspection requirements of
6 this Section by the Agency on the basis of an Agency
7 determination that the vehicle is located and primarily used
8 outside of the affected counties or in other jurisdictions
9 where vehicle emission inspections are not required. The
10 Agency may issue an annual exemption sticker or certificate
11 without inspection for any vehicle exempted from inspection
12 under this subsection.
13 (h) Any owner or lessee of a fleet of 15 or more motor
14 vehicles which are subject to inspection under this Section
15 may apply to the Agency for a permit to establish and operate
16 a Private Official Inspection Station.
17 (i) Pursuant to Title 40, Section 51.371 of the Code of
18 Federal Regulations, the Agency shall establish a program of
19 on-road testing of in-use vehicles through the use of remote
20 sensing devices. The Agency shall evaluate the emission
21 performance of 0.5% of the subject fleet or 20,000 vehicles,
22 whichever is less. Under no circumstances shall on-road
23 testing include any sort of roadblock or roadside pullover or
24 cause any type of traffic delay.
25 If, during the course of on-road inspections, a vehicle
26 is found to exceed the on-road emissions standards
27 established for the model year and type of vehicle, the
28 Agency shall send a notice to the vehicle owner. The notice
29 shall document the occurrence and results of on-road
30 exceedances. The notice of a second on-road exceedance shall
31 indicate that the vehicle has been reassigned and is subject
32 to an out-of-cycle follow-up inspection at an official
33 inspection station. In no case shall the Agency send a notice
34 of an on-road exceedance to the owner of a vehicle that was
HB4344 Engrossed -29- LRB9213778DHgc
1 found to exceed the on-road emission standards established
2 for the model year and type of vehicle if the vehicle is
3 registered outside of the affected counties.
4 (Source: P.A. 90-475, eff. 8-17-97.)
HB4344 Engrossed -30- 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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