Illinois 2023-2024 Regular Session

Illinois House Bill HB3774 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3774 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101625 ILCS 5/13C-15 Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as an aircraft that has a method of propulsion which allows wheeled travel on roads and highways and is manufactured to meet the federal safety standards of motorcycles. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements. LRB103 27544 MXP 53919 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3774 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101625 ILCS 5/13C-15 620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new 625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101 625 ILCS 5/13C-15 Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as an aircraft that has a method of propulsion which allows wheeled travel on roads and highways and is manufactured to meet the federal safety standards of motorcycles. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements. LRB103 27544 MXP 53919 b LRB103 27544 MXP 53919 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3774 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
3	3	620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101625 ILCS 5/13C-15 620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new 625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101 625 ILCS 5/13C-15
4	4	620 ILCS 15/1 from Ch. 15 1/2, par. 187
5	5	620 ILCS 15/7.5 new
6	6	625 ILCS 5/1-178.5 new
7	7	625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102
8	8	625 ILCS 5/3-405.35 new
9	9	625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
10	10	625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413
11	11	625 ILCS 5/11-201.5 new
12	12	625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
13	13	625 ILCS 5/13C-15
14	14	Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as an aircraft that has a method of propulsion which allows wheeled travel on roads and highways and is manufactured to meet the federal safety standards of motorcycles. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements.
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17	17	A BILL FOR
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19	19	HB3774 LRB103 27544 MXP 53919 b
20	20	1 AN ACT concerning transportation.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Aircraft Landing and Taking Off Restriction
24	24	5 Act is amended by changing Section 1 and by adding Section 7.5
25	25	6 as follows:
26	26	7 (620 ILCS 15/1) (from Ch. 15 1/2, par. 187)
27	27	8 Sec. 1. For the purposes of this Act, the term:
28	28	9 (a) "public airport" means any airport owned or operated
29	29	10 by the State of Illinois, or by any municipal corporation or
30	30	11 political subdivision of this state, which is used or intended
31	31	12 for use by public, commercial and private aircraft and by
32	32	13 persons owning, managing, operating or desiring to use,
33	33	14 inspect or repair any such aircraft or to use any such airport
34	34	15 for aeronautical purposes.
35	35	16 (b) "individual charged with the responsibility of
36	36	17 grounding aircraft" means a person who is regularly in the
37	37	18 employ of a public airport in a managerial or operational
38	38	19 position who has been specifically authorized by the governing
39	39	20 body of the municipality which owns or operates the public
40	40	21 airport to exercise the powers conferred by this Act.
41	41	22 (c) "roadable aircraft" means any aircraft capable of
42	42	23 taking off and landing from a suitable airfield which is also
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46	46	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3774 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
47	47	620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101625 ILCS 5/13C-15 620 ILCS 15/1 from Ch. 15 1/2, par. 187 620 ILCS 15/7.5 new 625 ILCS 5/1-178.5 new 625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102 625 ILCS 5/3-405.35 new 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413 625 ILCS 5/11-201.5 new 625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101 625 ILCS 5/13C-15
48	48	620 ILCS 15/1 from Ch. 15 1/2, par. 187
49	49	620 ILCS 15/7.5 new
50	50	625 ILCS 5/1-178.5 new
51	51	625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102
52	52	625 ILCS 5/3-405.35 new
53	53	625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
54	54	625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413
55	55	625 ILCS 5/11-201.5 new
56	56	625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
57	57	625 ILCS 5/13C-15
58	58	Amends the Aircraft Landing and Taking Off Restriction Act. Defines "roadable aircraft". Provides that roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency. Amends the Illinois Vehicle Code. Defines "roadable aircraft" as an aircraft that has a method of propulsion which allows wheeled travel on roads and highways and is manufactured to meet the federal safety standards of motorcycles. Provides that a roadable aircraft shall be considered a motor vehicle while in operation on the roadways of the State. Exempts roadable aircraft from certificate of title requirements. Provides that roadable aircraft shall be identified using the federally issued tail number and may, but shall not be required to, display an additional license plate. Provides that roadable aircraft shall be issued one annual registration sticker and provides for the display of the registration sticker. Exempts roadable aircraft from motor vehicle inspection requirements.
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60	60	LRB103 27544 MXP 53919 b
61	61	A BILL FOR
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67	67	620 ILCS 15/1 from Ch. 15 1/2, par. 187
68	68	620 ILCS 15/7.5 new
69	69	625 ILCS 5/1-178.5 new
70	70	625 ILCS 5/3-102 from Ch. 95 1/2, par. 3-102
71	71	625 ILCS 5/3-405.35 new
72	72	625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
73	73	625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413
74	74	625 ILCS 5/11-201.5 new
75	75	625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
76	76	625 ILCS 5/13C-15
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95	95	1 designed to be driven on public roadways as a conveyance.
96	96	2 (Source: Laws 1957, p. 1294)
97	97	3 (620 ILCS 15/7.5 new)
98	98	4 Sec. 7.5. Roadable aircraft. All roadable aircraft shall
99	99	5 be required to take off and land from a suitable airstrip and
100	100	6 shall be prohibited from taking off and landing from any
101	101	7 public roadway unless under conditions of an emergency. All
102	102	8 roadable aircraft shall be considered motor vehicles while in
103	103	9 operation on the roadways of the State. The operation of
104	104	10 roadable aircraft shall be subject to restrictions placed upon
105	105	11 the use of public roadways by rules adopted by the Department
106	106	12 of Transportation.
107	107	13 Section 10. The Illinois Vehicle Code is amended by
108	108	14 changing Sections 3-102, 3-412, 3-413, 13-101, and 13C-15 and
109	109	15 by adding Sections 1-178.5, 3-405.35, and 11-201.5 as follows:
110	110	16 (625 ILCS 5/1-178.5 new)
111	111	17 Sec. 1-178.5. Roadable aircraft. A roadable aircraft is an
112	112	18 aircraft that has a method of propulsion which allows wheeled
113	113	19 travel on roads and highways and is manufactured to meet the
114	114	20 federal safety standards of motorcycles.
115	115	21 (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
116	116	22 Sec. 3-102. Exclusions. No certificate of title need be
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127	127	1 obtained for:
128	128	2 1. a vehicle owned by the State of Illinois; or a
129	129	3 vehicle owned by the United States unless it is registered
130	130	4 in this State;
131	131	5 2. a vehicle owned by a manufacturer or dealer and
132	132	6 held for sale, even though incidentally moved on the
133	133	7 highway or used for purposes of testing or demonstration,
134	134	8 provided a dealer reassignment area is still available on
135	135	9 the manufacturer's certificate of origin or the Illinois
136	136	10 title; or a vehicle used by a manufacturer solely for
137	137	11 testing;
138	138	12 3. a vehicle owned by a non-resident of this State and
139	139	13 not required by law to be registered in this State;
140	140	14 4. a motor vehicle regularly engaged in the interstate
141	141	15 transportation of persons or property for which a
142	142	16 currently effective certificate of title has been issued
143	143	17 in another State;
144	144	18 5. a vehicle moved solely by animal power;
145	145	19 6. an implement of husbandry;
146	146	20 7. special mobile equipment;
147	147	21 8. an apportionable trailer or an apportionable
148	148	22 semitrailer registered in the State prior to April 1,
149	149	23 1998;
150	150	24 9. a manufactured home for which an affidavit of
151	151	25 affixation has been recorded pursuant to the Conveyance
152	152	26 and Encumbrance of Manufactured Homes as Real Property and
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163	163	1 Severance Act unless with respect to the same manufactured
164	164	2 home there has been recorded an affidavit of severance
165	165	3 pursuant to that Act; or .
166	166	4 10. a roadable aircraft as defined in Section 1-777.2.
167	167	5 (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
168	168	6 (625 ILCS 5/3-405.35 new)
169	169	7 Sec. 3-405.35. Application for roadable aircraft.
170	170	8 (a) Upon receipt of an application for registration of a
171	171	9 roadable aircraft and payment of applicable fees, the
172	172	10 Secretary of State shall issue a certificate of registration
173	173	11 to the owner of a roadable aircraft if the application is
174	174	12 accompanied by the following:
175	175	13 (i) proof of valid and unexpired aircraft registration
176	176	14 issued by the Department; and
177	177	15 (ii) a copy of an annual aircraft inspection completed
178	178	16 within the 12 calendar months immediately preceding the
179	179	17 date of application.
180	180	18 (b) Roadable aircraft shall be identified using a
181	181	19 federally issued tail number and shall not be required to
182	182	20 display an additional license plate or decal. The Secretary of
183	183	21 State shall issue a motorcycle-sized license plate to each
184	184	22 roadable aircraft owner with a license plate number matching
185	185	23 the federally issued tail number but the display of the
186	186	24 license plate shall be at the discretion of the roadable
187	187	25 aircraft owner.
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198	198	1 (c) The expiration date of a certificate issued pursuant
199	199	2 to this Section shall match the expiration of the aircraft
200	200	3 registration issued by the Department.
201	201	4 (d) The fees for registration of roadable aircraft shall
202	202	5 be comprised of the following:
203	203	6 (1) the fee prescribed by Section 42 of the Illinois
204	204	7 Aeronautics Act, payable to the Department under that Act;
205	205	8 and
206	206	9 (2) for original issuance, $15, which shall be
207	207	10 deposited into the Secretary of State Special License
208	208	11 Plate Fund; or
209	209	12 (3) for each registration renewal period, $2, which
210	210	13 shall be deposited into the Secretary of State Special
211	211	14 License Plate Fund.
212	212	15 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
213	213	16 Sec. 3-412. Registration plates or digital registration
214	214	17 plates and registration stickers or digital registration
215	215	18 stickers to be furnished by the Secretary of State.
216	216	19 (a) The Secretary of State upon registering a vehicle
217	217	20 subject to annual registration for the first time shall issue
218	218	21 or shall cause to be issued to the owner one registration plate
219	219	22 or digital registration plate for a motorcycle, trailer,
220	220	23 semitrailer, moped, autocycle, or truck-tractor, 2
221	221	24 registration plates, or a digital registration plate and metal
222	222	25 plate as set forth in Section 3-401.5, for other motor
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233	233	1 vehicles and, where applicable, current registration stickers
234	234	2 or digital registration stickers for motor vehicles of the
235	235	3 first division. The provisions of this Section may be made
236	236	4 applicable to such vehicles of the second division, as the
237	237	5 Secretary of State may, from time to time, in his discretion
238	238	6 designate. On subsequent annual registrations during the term
239	239	7 of the registration plate or digital registration plate as
240	240	8 provided in Section 3-414.1, the Secretary shall issue or
241	241	9 cause to be issued registration stickers or digital
242	242	10 registration stickers as evidence of current registration.
243	243	11 However, the issuance of annual registration stickers or
244	244	12 digital registration stickers to vehicles registered under the
245	245	13 provisions of Sections 3-402.1 and 3-405.3 of this Code may
246	246	14 not be required if the Secretary deems the issuance
247	247	15 unnecessary.
248	248	16 (b) Every registration plate or digital registration plate
249	249	17 shall have displayed upon it the registration number assigned
250	250	18 to the vehicle for which it is issued, the name of this State,
251	251	19 which may be abbreviated, the year number for which it was
252	252	20 issued, which may be abbreviated, the phrase "Land of Lincoln"
253	253	21 (except as otherwise provided in this Code), and such other
254	254	22 letters or numbers as the Secretary may prescribe. However,
255	255	23 for apportionment plates issued to vehicles registered under
256	256	24 Section 3-402.1 and fleet plates issued to vehicles registered
257	257	25 under Section 3-405.3, the phrase "Land of Lincoln" may be
258	258	26 omitted to allow for the word "apportioned", the word "fleet",
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269	269	1 or other similar language to be displayed. Registration plates
270	270	2 or digital registration plates issued to a vehicle registered
271	271	3 as a fleet vehicle may display a designation determined by the
272	272	4 Secretary.
273	273	5 The Secretary may in his discretion prescribe that letters
274	274	6 be used as prefixes only on registration plates or digital
275	275	7 registration plates issued to vehicles of the first division
276	276	8 which are registered under this Code and only as suffixes on
277	277	9 registration plates or digital registration plates issued to
278	278	10 other vehicles. Every registration sticker or digital
279	279	11 registration sticker issued as evidence of current
280	280	12 registration shall designate the year number for which it is
281	281	13 issued and such other letters or numbers as the Secretary may
282	282	14 prescribe and shall be of a contrasting color with the
283	283	15 registration plates or digital registration plates and
284	284	16 registration stickers or digital registration stickers of the
285	285	17 previous year.
286	286	18 (c) Each registration plate or digital registration plate
287	287	19 and the required letters and numerals thereon, except the year
288	288	20 number for which issued, shall be of sufficient size to be
289	289	21 plainly readable from a distance of 100 feet during daylight,
290	290	22 and shall be coated with reflectorizing material. The
291	291	23 dimensions of the plate issued to vehicles of the first
292	292	24 division shall be 6 by 12 inches.
293	293	25 (d) The Secretary of State shall issue for every passenger
294	294	26 motor vehicle rented without a driver the same type of
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305	305	1 registration plates or digital registration plates as the type
306	306	2 of plates issued for a private passenger vehicle.
307	307	3 (e) The Secretary of State shall issue for every passenger
308	308	4 car used as a taxicab or livery, distinctive registration
309	309	5 plates or digital registration plates.
310	310	6 (f) The Secretary of State shall issue for every
311	311	7 motorcycle distinctive registration plates or digital
312	312	8 registration plates distinguishing between motorcycles having
313	313	9 150 or more cubic centimeters piston displacement, or having
314	314	10 less than 150 cubic centimeter piston displacement.
315	315	11 (g) Registration plates or digital registration plates
316	316	12 issued to vehicles for-hire may display a designation as
317	317	13 determined by the Secretary that such vehicles are for-hire.
318	318	14 (h) (Blank).
319	319	15 (i) The Secretary of State shall issue for every public
320	320	16 and private ambulance registration plates or digital
321	321	17 registration plates identifying the vehicle as an ambulance.
322	322	18 The Secretary shall forward to the Department of Healthcare
323	323	19 and Family Services registration information for the purpose
324	324	20 of verification of claims filed with the Department by
325	325	21 ambulance owners for payment for services to public assistance
326	326	22 recipients.
327	327	23 (j) The Secretary of State shall issue for every public
328	328	24 and private medical carrier or rescue vehicle livery
329	329	25 registration plates or digital registration plates displaying
330	330	26 numbers within ranges of numbers reserved respectively for
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341	341	1 medical carriers and rescue vehicles. The Secretary shall
342	342	2 forward to the Department of Healthcare and Family Services
343	343	3 registration information for the purpose of verification of
344	344	4 claims filed with the Department by owners of medical carriers
345	345	5 or rescue vehicles for payment for services to public
346	346	6 assistance recipients.
347	347	7 (k) The Secretary of State shall issue distinctive license
348	348	8 plates or digital registration plates or distinctive license
349	349	9 plate stickers or digital registration stickers for every
350	350	10 vehicle exempted from subsections (a) and (a-5) of Section
351	351	11 12-503 by subsection (g) of that Section, and by subsection
352	352	12 (g-5) of that Section before its deletion by this amendatory
353	353	13 Act of the 95th General Assembly. The Secretary shall issue
354	354	14 these plates or stickers immediately upon receiving the
355	355	15 physician's certification required under subsection (g) of
356	356	16 Section 12-503. New plates or stickers shall also be issued
357	357	17 when the certification is renewed as provided in that
358	358	18 subsection.
359	359	19 (l) The Secretary of State shall issue distinctive
360	360	20 registration plates or digital registration plates for
361	361	21 low-speed vehicles.
362	362	22 (m) The Secretary of State shall issue distinctive
363	363	23 registration plates or digital registration plates for
364	364	24 autocycles. The dimensions of the plate issued to autocycles
365	365	25 shall be 4 by 7 inches.
366	366	26 (n) The Secretary of State shall issue distinctive
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377	377	1 registration plates or digital registration plates for
378	378	2 roadable aircraft. The dimensions of the plate issued to
379	379	3 autocycles shall be 4 by 7 inches. The Secretary shall issue
380	380	4 one annual registration sticker to the owner of a roadable
381	381	5 aircraft.
382	382	6 (Source: P.A. 101-395, eff. 8-16-19.)
383	383	7 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
384	384	8 Sec. 3-413. Display of registration plates or digital
385	385	9 registration plates, registration stickers or digital
386	386	10 registration stickers, and drive-away permits; registration
387	387	11 plate or digital registration plate covers.
388	388	12 (a) Registration plates or digital registration plates
389	389	13 issued for a motor vehicle other than a motorcycle, autocycle,
390	390	14 trailer, semitrailer, truck-tractor, apportioned bus, or
391	391	15 apportioned truck shall be attached thereto, one in the front
392	392	16 and one in the rear. The registration plate or digital
393	393	17 registration plate issued for a motorcycle, autocycle, trailer
394	394	18 or semitrailer required to be registered hereunder and any
395	395	19 apportionment plate issued to a bus under the provisions of
396	396	20 this Code shall be attached to the rear thereof. The
397	397	21 registration plate or digital registration plate issued for a
398	398	22 truck-tractor or an apportioned truck required to be
399	399	23 registered hereunder shall be attached to the front thereof.
400	400	24 (b) Except for vehicles with rear loaded motorized
401	401	25 forklifts, every registration plate or digital registration
402	402
403	403
404	404
405	405
406	406
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412	412	1 plate shall at all times be securely fastened in a horizontal
413	413	2 position to the vehicle for which it is issued so as to prevent
414	414	3 the plate from swinging and at a height of not less than 5
415	415	4 inches from the ground, measuring from the bottom of such
416	416	5 plate, in a place and position to be clearly visible and shall
417	417	6 be maintained in a condition to be clearly legible, free from
418	418	7 any materials that would obstruct the visibility of the plate.
419	419	8 A registration plate or digital registration plate on a
420	420	9 motorcycle may be mounted vertically as long as it is
421	421	10 otherwise clearly visible. Registration stickers or digital
422	422	11 registration stickers issued as evidence of renewed annual
423	423	12 registration shall be attached to registration plates or
424	424	13 displayed on digital registration plates as required by the
425	425	14 Secretary of State, and be clearly visible at all times. For
426	426	15 those vehicles with rear loaded motorized forklifts, if the
427	427	16 rear plate is securely fastened in a horizontal position as
428	428	17 prescribed, the plate and registration sticker shall not be
429	429	18 required to be clearly visible at all times as a result of the
430	430	19 rear mounted motorized forklift obstructing the view.
431	431	20 (b-5) Notwithstanding subsection (b), the display of the
432	432	21 registration plate for a roadable aircraft is within the
433	433	22 discretion of the owner of the roadable aircraft. The
434	434	23 registration sticker for the roadable aircraft shall be
435	435	24 affixed to the left tail section of the roadable aircraft in a
436	436	25 visible area.
437	437	26 (c) Every drive-away permit issued pursuant to this Code
438	438
439	439
440	440
441	441
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448	448	1 shall be firmly attached to the motor vehicle in the manner
449	449	2 prescribed by the Secretary of State. If a drive-away permit
450	450	3 is affixed to a motor vehicle in any other manner the permit
451	451	4 shall be void and of no effect.
452	452	5 (d) The Illinois prorate decal issued to a foreign
453	453	6 registered vehicle part of a fleet prorated or apportioned
454	454	7 with Illinois, shall be displayed on a registration plate or
455	455	8 digital registration plate and displayed on the front of such
456	456	9 vehicle in the same manner as an Illinois registration plate
457	457	10 or digital registration plate.
458	458	11 (e) The registration plate or digital registration plate
459	459	12 issued for a camper body mounted on a truck displaying
460	460	13 registration plates or digital registration plates shall be
461	461	14 attached to the rear of the camper body.
462	462	15 (f) No person shall operate a vehicle, nor permit the
463	463	16 operation of a vehicle, upon which is displayed an Illinois
464	464	17 registration plate or plates or digital registration plate or
465	465	18 plates or registration stickers or digital registration
466	466	19 stickers, except as provided for in subsection (b) of Section
467	467	20 3-701 of this Code, after the termination of the registration
468	468	21 period for which issued or after the expiration date set
469	469	22 pursuant to Sections 3-414 and 3-414.1 of this Code.
470	470	23 (g) A person may not operate any motor vehicle that is
471	471	24 equipped with registration plate or digital registration plate
472	472	25 covers. A violation of this subsection (g) or a similar
473	473	26 provision of a local ordinance is an offense against laws and
474	474
475	475
476	476
477	477
478	478
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480	480
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484	484	1 ordinances regulating the movement of traffic.
485	485	2 (h) A person may not sell or offer for sale a registration
486	486	3 plate or digital registration plate cover. A violation of this
487	487	4 subsection (h) is a business offense.
488	488	5 (i) A person may not advertise for the purpose of
489	489	6 promoting the sale of registration plate or digital
490	490	7 registration plate covers. A violation of this subsection (i)
491	491	8 is a business offense.
492	492	9 (j) A person may not modify the original manufacturer's
493	493	10 mounting location of the rear registration plate or digital
494	494	11 registration plate on any vehicle so as to conceal the
495	495	12 registration or to knowingly cause it to be obstructed in an
496	496	13 effort to hinder a peace officer from obtaining the
497	497	14 registration for the enforcement of a violation of this Code,
498	498	15 Section 27.1 of the Toll Highway Act concerning toll evasion,
499	499	16 or any municipal ordinance. Modifications prohibited by this
500	500	17 subsection (j) include but are not limited to the use of an
501	501	18 electronic device. A violation of this subsection (j) is a
502	502	19 Class A misdemeanor.
503	503	20 (Source: P.A. 101-395, eff. 8-16-19.)
504	504	21 (625 ILCS 5/11-201.5 new)
505	505	22 Sec. 11-201.5. Roadable aircraft. A roadable aircraft
506	506	23 shall be considered a motor vehicle while in operation on the
507	507	24 roadways of this State. The operation of a roadable aircraft
508	508	25 shall be subject to restrictions placed upon the use of public
509	509
510	510
511	511
512	512
513	513
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515	515
516	516
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519	519	1 roadways by rules adopted by the Department of Transportation.
520	520	2 (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
521	521	3 Sec. 13-101. Submission to safety test; certificate of
522	522	4 safety. To promote the safety of the general public, every
523	523	5 owner of a second division vehicle, medical transport vehicle,
524	524	6 tow truck, first division vehicle including a taxi which is
525	525	7 used for a purpose that requires a school bus driver permit,
526	526	8 motor vehicle used for driver education training, or contract
527	527	9 carrier transporting employees in the course of their
528	528	10 employment on a highway of this State in a vehicle designed to
529	529	11 carry 15 or fewer passengers shall, before operating the
530	530	12 vehicle upon the highways of Illinois, submit it to a "safety
531	531	13 test" and secure a certificate of safety furnished by the
532	532	14 Department as set forth in Section 13-109. Each second
533	533	15 division motor vehicle that pulls or draws a trailer,
534	534	16 semitrailer or pole trailer, with a gross weight of 10,001 lbs
535	535	17 or more or is registered for a gross weight of 10,001 lbs or
536	536	18 more, motor bus, religious organization bus, school bus,
537	537	19 senior citizen transportation vehicle, and limousine shall be
538	538	20 subject to inspection by the Department and the Department is
539	539	21 authorized to establish rules and regulations for the
540	540	22 implementation of such inspections.
541	541	23 The owners of each salvage vehicle shall submit it to a
542	542	24 "safety test" and secure a certificate of safety furnished by
543	543	25 the Department prior to its salvage vehicle inspection
544	544
545	545
546	546
547	547
548	548
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550	550
551	551
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553	553	HB3774 - 15 - LRB103 27544 MXP 53919 b
554	554	1 pursuant to Section 3-308 of this Code. In implementing and
555	555	2 enforcing the provisions of this Section, the Department and
556	556	3 other authorized State agencies shall do so in a manner that is
557	557	4 not inconsistent with any applicable federal law or regulation
558	558	5 so that no federal funding or support is jeopardized by the
559	559	6 enactment or application of these provisions.
560	560	7 However, none of the provisions of Chapter 13 requiring
561	561	8 safety tests or a certificate of safety shall apply to:
562	562	9 (a) farm tractors, machinery and implements, wagons,
563	563	10 wagon-trailers or like farm vehicles used primarily in
564	564	11 agricultural pursuits;
565	565	12 (b) vehicles other than school buses, tow trucks and
566	566	13 medical transport vehicles owned or operated by a
567	567	14 municipal corporation or political subdivision having a
568	568	15 population of 1,000,000 or more inhabitants and which are
569	569	16 subject to safety tests imposed by local ordinance or
570	570	17 resolution;
571	571	18 (c) a semitrailer or trailer having a gross weight of
572	572	19 5,000 pounds or less including vehicle weight and maximum
573	573	20 load;
574	574	21 (d) recreational vehicles;
575	575	22 (e) vehicles registered as and displaying Illinois
576	576	23 antique vehicle plates and vehicles registered as
577	577	24 expanded-use antique vehicles and displaying expanded-use
578	578	25 antique vehicle plates;
579	579	26 (f) house trailers equipped and used for living
580	580
581	581
582	582
583	583
584	584
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586	586
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590	590	1 quarters;
591	591	2 (g) vehicles registered as and displaying Illinois
592	592	3 permanently mounted equipment plates or similar vehicles
593	593	4 eligible therefor but registered as governmental vehicles
594	594	5 provided that if said vehicle is reclassified from a
595	595	6 permanently mounted equipment plate so as to lose the
596	596	7 exemption of not requiring a certificate of safety, such
597	597	8 vehicle must be safety tested within 30 days of the
598	598	9 reclassification;
599	599	10 (h) vehicles owned or operated by a manufacturer,
600	600	11 dealer or transporter displaying a special plate or plates
601	601	12 as described in Chapter 3 of this Code while such vehicle
602	602	13 is being delivered from the manufacturing or assembly
603	603	14 plant directly to the purchasing dealership or
604	604	15 distributor, or being temporarily road driven for quality
605	605	16 control testing, or from one dealer or distributor to
606	606	17 another, or are being moved by the most direct route from
607	607	18 one location to another for the purpose of installing
608	608	19 special bodies or equipment, or driven for purposes of
609	609	20 demonstration by a prospective buyer with the dealer or
610	610	21 his agent present in the cab of the vehicle during the
611	611	22 demonstration;
612	612	23 (i) pole trailers and auxiliary axles;
613	613	24 (j) special mobile equipment;
614	614	25 (k) vehicles properly registered in another State
615	615	26 pursuant to law and displaying a valid registration plate
616	616
617	617
618	618
619	619
620	620
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622	622
623	623
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626	626	1 or digital registration plate, except vehicles of contract
627	627	2 carriers transporting employees in the course of their
628	628	3 employment on a highway of this State in a vehicle
629	629	4 designed to carry 15 or fewer passengers are only exempted
630	630	5 to the extent that the safety testing requirements
631	631	6 applicable to such vehicles in the state of registration
632	632	7 are no less stringent than the safety testing requirements
633	633	8 applicable to contract carriers that are lawfully
634	634	9 registered in Illinois;
635	635	10 (l) water-well boring apparatuses or rigs;
636	636	11 (m) any vehicle which is owned and operated by the
637	637	12 federal government and externally displays evidence of
638	638	13 such ownership; and
639	639	14 (n) second division vehicles registered for a gross
640	640	15 weight of 10,000 pounds or less, except when such second
641	641	16 division motor vehicles pull or draw a trailer,
642	642	17 semi-trailer or pole trailer having a gross weight of or
643	643	18 registered for a gross weight of more than 10,000 pounds;
644	644	19 motor buses; religious organization buses; school buses;
645	645	20 senior citizen transportation vehicles; medical transport
646	646	21 vehicles; tow trucks; and any property carrying vehicles
647	647	22 being operated in commerce that are registered for a gross
648	648	23 weight of more than 8,000 lbs but less than 10,001 lbs;
649	649	24 and .
650	650	25 (o) roadable aircraft.
651	651	26 The safety test shall include the testing and inspection
652	652
653	653
654	654
655	655
656	656
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658	658
659	659
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661	661	HB3774 - 18 - LRB103 27544 MXP 53919 b
662	662	1 of brakes, lights, horns, reflectors, rear vision mirrors,
663	663	2 mufflers, safety chains, windshields and windshield wipers,
664	664	3 warning flags and flares, frame, axle, cab and body, or cab or
665	665	4 body, wheels, steering apparatus, and other safety devices and
666	666	5 appliances required by this Code and such other safety tests
667	667	6 as the Department may by rule or regulation require, for
668	668	7 second division vehicles, school buses, medical transport
669	669	8 vehicles, tow trucks, first division vehicles including taxis
670	670	9 which are used for a purpose that requires a school bus driver
671	671	10 permit, motor vehicles used for driver education training,
672	672	11 vehicles designed to carry 15 or fewer passengers operated by
673	673	12 a contract carrier transporting employees in the course of
674	674	13 their employment on a highway of this State, trailers, and
675	675	14 semitrailers subject to inspection.
676	676	15 For tow trucks, the safety test and inspection shall also
677	677	16 include the inspection of winch mountings, body panels, body
678	678	17 mounts, wheel lift swivel points, and sling straps, and other
679	679	18 tests and inspections the Department by rule requires for tow
680	680	19 trucks.
681	681	20 For driver education vehicles used by public high schools,
682	682	21 the vehicle must also be equipped with dual control brakes, a
683	683	22 mirror on each side of the vehicle so located as to reflect to
684	684	23 the driver a view of the highway for a distance of at least 200
685	685	24 feet to the rear, and a sign visible from the front and the
686	686	25 rear identifying the vehicle as a driver education car.
687	687	26 For trucks, truck tractors, trailers, semi-trailers,
688	688
689	689
690	690
691	691
692	692
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694	694
695	695
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698	698	1 buses, and first division vehicles including taxis which are
699	699	2 used for a purpose that requires a school bus driver permit,
700	700	3 the safety test shall be conducted in accordance with the
701	701	4 Minimum Periodic Inspection Standards promulgated by the
702	702	5 Federal Highway Administration of the U.S. Department of
703	703	6 Transportation and contained in Appendix G to Subchapter B of
704	704	7 Chapter III of Title 49 of the Code of Federal Regulations.
705	705	8 Those standards, as now in effect, are made a part of this
706	706	9 Code, in the same manner as though they were set out in full in
707	707	10 this Code.
708	708	11 The passing of the safety test shall not be a bar at any
709	709	12 time to prosecution for operating a second division vehicle,
710	710	13 medical transport vehicle, motor vehicle used for driver
711	711	14 education training, or vehicle designed to carry 15 or fewer
712	712	15 passengers operated by a contract carrier as provided in this
713	713	16 Section that is unsafe, as determined by the standards
714	714	17 prescribed in this Code.
715	715	18 (Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
716	716	19 (625 ILCS 5/13C-15)
717	717	20 Sec. 13C-15. Inspections.
718	718	21 (a) Computer-Matched Inspections and Notification.
719	719	22 (1) The provisions of this subsection (a) are
720	720	23 operative until the implementation of the registration
721	721	24 denial inspection and notification mechanisms required by
722	722	25 subsection (b). Beginning with the implementation of the
723	723
724	724
725	725
726	726
727	727
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729	729
730	730
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733	733	1 program required by this Chapter, every motor vehicle that
734	734	2 is owned by a resident of an affected county, other than a
735	735	3 vehicle that is exempt under paragraph (a)(6) or (a)(7),
736	736	4 is subject to inspection under the program.
737	737	5 The Agency shall send notice of the assigned
738	738	6 inspection month, at least 15 days before the beginning of
739	739	7 the assigned month, to the owner of each vehicle subject
740	740	8 to the program. An initial emission inspection sticker or
741	741	9 initial inspection certificate, as the case may be,
742	742	10 expires on the last day of the third month following the
743	743	11 month assigned by the Agency for the first inspection of
744	744	12 the vehicle. A renewal inspection sticker or certificate
745	745	13 expires on the last day of the third month following the
746	746	14 month assigned for inspection in the year in which the
747	747	15 vehicle's next inspection is required.
748	748	16 The Agency or its agent may issue an interim emission
749	749	17 inspection sticker or certificate for any vehicle subject
750	750	18 to inspection that does not have a currently valid
751	751	19 emission inspection sticker or certificate at the time the
752	752	20 Agency is notified by the Secretary of State of its
753	753	21 registration by a new owner, and for which an initial
754	754	22 emission inspection sticker or certificate has already
755	755	23 been issued. An interim emission inspection sticker or
756	756	24 certificate expires no later than the last day of the
757	757	25 sixth complete calendar month after the date the Agency
758	758	26 issued the interim emission inspection sticker or
759	759
760	760
761	761
762	762
763	763
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765	765
766	766
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769	769	1 certificate.
770	770	2 The owner of each vehicle subject to inspection shall
771	771	3 obtain an emission inspection sticker or certificate for
772	772	4 the vehicle in accordance with this paragraph (1). Before
773	773	5 the expiration of the emission inspection sticker or
774	774	6 certificate, the owner shall have the vehicle inspected
775	775	7 and, upon demonstration of compliance, obtain a renewal
776	776	8 emission inspection sticker or certificate. A renewal
777	777	9 emission inspection sticker or certificate shall not be
778	778	10 issued more than 5 months before the expiration date of
779	779	11 the previous inspection sticker or certificate.
780	780	12 (2) Except as provided in paragraph (a)(3), vehicles
781	781	13 shall be inspected every 2 years on a schedule that begins
782	782	14 either in the second, fourth, or later calendar year after
783	783	15 the vehicle model year. The beginning test schedule shall
784	784	16 be set by the Agency and shall be consistent with the
785	785	17 State's requirements for emission reductions as determined
786	786	18 by the applicable United States Environmental Protection
787	787	19 Agency vehicle emissions estimation model and applicable
788	788	20 guidance and rules.
789	789	21 (3) A vehicle may be inspected at a time outside of its
790	790	22 normal 2-year inspection schedule, if (i) the vehicle was
791	791	23 acquired by a new owner and (ii) the vehicle was required
792	792	24 to be in compliance with this Act at the time the vehicle
793	793	25 was acquired by the new owner, but it was not then in
794	794	26 compliance.
795	795
796	796
797	797
798	798
799	799
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801	801
802	802
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805	805	1 (4) The owner of a vehicle subject to inspection shall
806	806	2 have the vehicle inspected and shall obtain and display on
807	807	3 the vehicle or carry within the vehicle, in a manner
808	808	4 specified by the Agency, a valid unexpired emission
809	809	5 inspection sticker or certificate in the manner specified
810	810	6 by the Agency. A person who violates this paragraph (4) is
811	811	7 guilty of a petty offense, except that a third or
812	812	8 subsequent violation within one year of the first
813	813	9 violation is a Class C misdemeanor. The fine imposed for a
814	814	10 violation of this paragraph (4) shall be not less than $50
815	815	11 if the violation occurred within 60 days following the
816	816	12 date by which a new or renewal emission inspection sticker
817	817	13 or certificate was required to be obtained for the
818	818	14 vehicle, and not less than $300 if the violation occurred
819	819	15 more than 60 days after that date.
820	820	16 (5) For a $20 fee, to be paid into the Vehicle
821	821	17 Inspection Fund, the Agency may inspect:
822	822	18 (A) A vehicle registered in and subject to the
823	823	19 emission inspections requirements of another state.
824	824	20 (B) A vehicle presented for inspection on a
825	825	21 voluntary basis.
826	826	22 Any fees collected under this paragraph (5) shall not
827	827	23 offset Motor Fuel Tax Funds normally appropriated for the
828	828	24 program.
829	829	25 (6) The following vehicles are not subject to
830	830	26 inspection:
831	831
832	832
833	833
834	834
835	835
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837	837
838	838
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841	841	1 (A) Vehicles not subject to registration under
842	842	2 Article IV of Chapter 3 of this Code, other than
843	843	3 vehicles owned by the federal government.
844	844	4 (B) Motorcycles, motor driven cycles, and
845	845	5 motorized pedalcycles.
846	846	6 (C) Farm vehicles and implements of husbandry.
847	847	7 (D) Implements of warfare owned by the State or
848	848	8 federal government.
849	849	9 (E) Antique vehicles, expanded-use antique
850	850	10 vehicles, custom vehicles, street rods, and vehicles
851	851	11 of model year 1967 or before.
852	852	12 (F) Vehicles operated exclusively for parade or
853	853	13 ceremonial purposes by any veterans, fraternal, or
854	854	14 civic organization, organized on a not-for-profit
855	855	15 basis.
856	856	16 (G) Vehicles for which the Secretary of State,
857	857	17 under Section 3-117 of this Code, has issued a Junking
858	858	18 Certificate.
859	859	19 (H) Diesel powered vehicles and vehicles that are
860	860	20 powered exclusively by electricity.
861	861	21 (I) Vehicles operated exclusively in organized
862	862	22 amateur or professional sporting activities, as
863	863	23 defined in Section 3.310 of the Environmental
864	864	24 Protection Act.
865	865	25 (J) Vehicles registered in, subject to, and in
866	866	26 compliance with the emission inspection requirements
867	867
868	868
869	869
870	870
871	871
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873	873
874	874
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876	876	HB3774 - 24 - LRB103 27544 MXP 53919 b
877	877	1 of another state.
878	878	2 (K) Vehicles participating in an OBD continuous
879	879	3 monitoring program operated in accordance with
880	880	4 procedures adopted by the Agency.
881	881	5 (L) Vehicles of model year 1995 or earlier that do
882	882	6 not have an expired emissions test sticker or
883	883	7 certificate on February 1, 2007.
884	884	8 (M) Roadable aircraft.
885	885	9 The Agency may issue temporary or permanent exemption
886	886	10 stickers or certificates for vehicles temporarily or
887	887	11 permanently exempt from inspection under this paragraph
888	888	12 (6). An exemption sticker or certificate does not need to
889	889	13 be displayed.
890	890	14 (7) According to criteria that the Agency may adopt, a
891	891	15 motor vehicle may be exempted from the inspection
892	892	16 requirements of this Section by the Agency on the basis of
893	893	17 an Agency determination that the vehicle is located and
894	894	18 primarily used outside of the affected counties or in
895	895	19 other jurisdictions where vehicle emission inspections are
896	896	20 not required. The Agency may issue an annual exemption
897	897	21 sticker or certificate without inspection for any vehicle
898	898	22 exempted from inspection under this paragraph (7).
899	899	23 (8) Any owner or lessee of a fleet of 15 or more motor
900	900	24 vehicles that are subject to inspection under this Section
901	901	25 may apply to the Agency for a permit to establish and
902	902	26 operate a private official inspection station in
903	903
904	904
905	905
906	906
907	907
908	908	HB3774 - 24 - LRB103 27544 MXP 53919 b
909	909
910	910
911	911	HB3774- 25 -LRB103 27544 MXP 53919 b HB3774 - 25 - LRB103 27544 MXP 53919 b
912	912	HB3774 - 25 - LRB103 27544 MXP 53919 b
913	913	1 accordance with rules adopted by the Agency.
914	914	2 (9) Pursuant to Title 40, Section 51.371 of the Code
915	915	3 of Federal Regulations, the Agency may establish a program
916	916	4 of on-road testing of in-use vehicles through the use of
917	917	5 remote sensing devices. In any such program, the Agency
918	918	6 shall evaluate the emission performance of 0.5% of the
919	919	7 subject fleet or 20,000 vehicles, whichever is less. Under
920	920	8 no circumstances shall on-road testing include any sort of
921	921	9 roadblock or roadside pullover or cause any type of
922	922	10 traffic delay. If, during the course of an on-road
923	923	11 inspection, a vehicle is found to exceed the on-road
924	924	12 emissions standards established for the model year and
925	925	13 type of vehicle, the Agency shall send a notice to the
926	926	14 vehicle owner. The notice shall document the occurrence
927	927	15 and the results of the on-road exceedance. The notice of a
928	928	16 second on-road exceedance shall indicate that the vehicle
929	929	17 has been reassigned and is subject to an out-of-cycle
930	930	18 follow-up inspection at an official inspection station. In
931	931	19 no case shall the Agency send a notice of an on-road
932	932	20 exceedance to the owner of a vehicle that was found to
933	933	21 exceed the on-road emission standards established for the
934	934	22 model year and type of vehicle, if the vehicle is
935	935	23 registered outside of the affected counties.
936	936	24 (b) Registration Denial Inspection and Notification.
937	937	25 (1) No later than January 1, 2008, every motor vehicle
938	938	26 that is owned by a resident of an affected county, other
939	939
940	940
941	941
942	942
943	943
944	944	HB3774 - 25 - LRB103 27544 MXP 53919 b
945	945
946	946
947	947	HB3774- 26 -LRB103 27544 MXP 53919 b HB3774 - 26 - LRB103 27544 MXP 53919 b
948	948	HB3774 - 26 - LRB103 27544 MXP 53919 b
949	949	1 than a vehicle that is exempt under paragraph (b)(8) or
950	950	2 (b)(9), is subject to inspection under the program.
951	951	3 The owner of a vehicle subject to inspection shall
952	952	4 have the vehicle inspected and obtain proof of compliance
953	953	5 from the Agency in order to obtain or renew a vehicle
954	954	6 registration for a subject vehicle.
955	955	7 The Secretary of State shall notify the owner of a
956	956	8 vehicle subject to inspection of the requirement to have
957	957	9 the vehicle tested at least 30 days prior to the beginning
958	958	10 of the month in which the vehicle's registration is due to
959	959	11 expire. Notwithstanding the preceding, vehicles with
960	960	12 permanent registration plates shall be notified at least
961	961	13 30 days prior to the month corresponding to the date the
962	962	14 vehicle was originally registered. This notification shall
963	963	15 clearly state the vehicle's test status, based upon the
964	964	16 vehicle type, model year and registration address.
965	965	17 The owner of each vehicle subject to inspection shall
966	966	18 have the vehicle inspected and, upon demonstration of
967	967	19 compliance, obtain an emissions compliance certificate for
968	968	20 the vehicle.
969	969	21 (2) Except as provided in paragraphs (b)(3), (b)(4),
970	970	22 and (b)(5), vehicles shall be inspected every 2 years on a
971	971	23 schedule that begins in the fourth calendar year after the
972	972	24 vehicle model year. Even model year vehicles shall be
973	973	25 inspected and comply in order to renew registrations
974	974	26 expiring in even calendar years and odd model year
975	975
976	976
977	977
978	978
979	979
980	980	HB3774 - 26 - LRB103 27544 MXP 53919 b
981	981
982	982
983	983	HB3774- 27 -LRB103 27544 MXP 53919 b HB3774 - 27 - LRB103 27544 MXP 53919 b
984	984	HB3774 - 27 - LRB103 27544 MXP 53919 b
985	985	1 vehicles shall be inspected and comply in order to renew
986	986	2 registrations expiring in odd calendar years.
987	987	3 (3) A vehicle shall be inspected and comply at a time
988	988	4 outside of its normal 2-year inspection schedule if (i)
989	989	5 the vehicle was acquired by a new owner and (ii) the
990	990	6 vehicle had not been issued a Compliance Certificate
991	991	7 within one year of the date of application for the title or
992	992	8 registration, or both, for the vehicle.
993	993	9 (4) Vehicles with 2-year registrations shall be
994	994	10 inspected every 2 years at the time of registration
995	995	11 issuance or renewal on a schedule that begins in the
996	996	12 fourth year after the vehicle model year.
997	997	13 (5) Vehicles with permanent vehicle registration
998	998	14 plates shall be inspected every 2 years on a schedule that
999	999	15 begins in the fourth calendar year after the vehicle model
1000	1000	16 year in the month corresponding to the date the vehicle
1001	1001	17 was originally registered. Even model year vehicles shall
1002	1002	18 be inspected and comply in even calendar years, and odd
1003	1003	19 model year vehicles shall be inspected and comply in odd
1004	1004	20 calendar years.
1005	1005	21 (6) The Agency and the Secretary of State shall
1006	1006	22 endeavor to ensure a smooth transition from test
1007	1007	23 scheduling from the provisions of subsection (a) to
1008	1008	24 subsection (b). Passing tests and waivers issued prior to
1009	1009	25 the implementation of this subsection (b) may be utilized
1010	1010	26 to establish compliance for a period of one year from the
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015
1016	1016	HB3774 - 27 - LRB103 27544 MXP 53919 b
1017	1017
1018	1018
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1020	1020	HB3774 - 28 - LRB103 27544 MXP 53919 b
1021	1021	1 date of the emissions or waiver inspection.
1022	1022	2 (7) For a $20 fee, to be paid into the Vehicle
1023	1023	3 Inspection Fund, the Agency may inspect:
1024	1024	4 (A) A vehicle registered in and subject to the
1025	1025	5 emissions inspections requirements of another state.
1026	1026	6 (B) A vehicle presented for inspection on a
1027	1027	7 voluntary basis.
1028	1028	8 Any fees collected under this paragraph (7) shall not
1029	1029	9 offset Motor Fuel Tax Funds normally appropriated for the
1030	1030	10 program.
1031	1031	11 (8) The following vehicles are not subject to
1032	1032	12 inspection:
1033	1033	13 (A) Vehicles not subject to registration under
1034	1034	14 Article IV of Chapter 3 of this Code, other than
1035	1035	15 vehicles owned by the federal government.
1036	1036	16 (B) Motorcycles, motor driven cycles, and
1037	1037	17 motorized pedalcycles.
1038	1038	18 (C) Farm vehicles and implements of husbandry.
1039	1039	19 (D) Implements of warfare owned by the State or
1040	1040	20 federal government.
1041	1041	21 (E) Antique vehicles, expanded-use antique
1042	1042	22 vehicles, custom vehicles, street rods, and vehicles
1043	1043	23 of model year 1967 or before.
1044	1044	24 (F) Vehicles operated exclusively for parade or
1045	1045	25 ceremonial purposes by any veterans, fraternal, or
1046	1046	26 civic organization, organized on a not-for-profit
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051
1052	1052	HB3774 - 28 - LRB103 27544 MXP 53919 b
1053	1053
1054	1054
1055	1055	HB3774- 29 -LRB103 27544 MXP 53919 b HB3774 - 29 - LRB103 27544 MXP 53919 b
1056	1056	HB3774 - 29 - LRB103 27544 MXP 53919 b
1057	1057	1 basis.
1058	1058	2 (G) Vehicles for which the Secretary of State,
1059	1059	3 under Section 3-117 of this Code, has issued a Junking
1060	1060	4 Certificate.
1061	1061	5 (H) Diesel powered vehicles and vehicles that are
1062	1062	6 powered exclusively by electricity.
1063	1063	7 (I) Vehicles operated exclusively in organized
1064	1064	8 amateur or professional sporting activities, as
1065	1065	9 defined in Section 3.310 of the Environmental
1066	1066	10 Protection Act.
1067	1067	11 (J) Vehicles registered in, subject to, and in
1068	1068	12 compliance with the emission inspection requirements
1069	1069	13 of another state.
1070	1070	14 (K) Vehicles participating in an OBD continuous
1071	1071	15 monitoring program operated in accordance with
1072	1072	16 procedures adopted by the Agency.
1073	1073	17 (L) Vehicles of model year 1995 or earlier that do
1074	1074	18 not have an expired emissions test sticker or
1075	1075	19 certificate on February 1, 2007.
1076	1076	20 (M) Vehicles of model year 2006 or earlier with a
1077	1077	21 manufacturer gross vehicle weight rating between 8,501
1078	1078	22 and 14,000 pounds.
1079	1079	23 (N) Vehicles with a manufacturer gross vehicle
1080	1080	24 weight rating greater than 14,000 pounds.
1081	1081	25 (O) Roadable aircraft.
1082	1082	26 The Agency may issue temporary or permanent exemption
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087
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1089	1089
1090	1090
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1092	1092	HB3774 - 30 - LRB103 27544 MXP 53919 b
1093	1093	1 certificates for vehicles temporarily or permanently
1094	1094	2 exempt from inspection under this paragraph (8). An
1095	1095	3 exemption sticker or certificate does not need to be
1096	1096	4 displayed.
1097	1097	5 (9) According to criteria that the Agency may adopt, a
1098	1098	6 motor vehicle may be exempted from the inspection
1099	1099	7 requirements of this Section by the Agency on the basis of
1100	1100	8 an Agency determination that the vehicle is located and
1101	1101	9 primarily used outside of the affected counties and in
1102	1102	10 other jurisdictions where vehicle emissions inspections
1103	1103	11 are not required. The Agency may issue an annual exemption
1104	1104	12 certificate without inspection for any vehicle exempted
1105	1105	13 from inspection under this paragraph (9).
1106	1106	14 (10) Any owner or lessee of a fleet of 15 or more motor
1107	1107	15 vehicles that are subject to inspection under this Section
1108	1108	16 may apply to the Agency for a permit to establish and
1109	1109	17 operate a private official inspection station in
1110	1110	18 accordance with rules adopted by the Agency.
1111	1111	19 (11) Pursuant to Title 40, Section 51.371 of the Code
1112	1112	20 of Federal Regulations, the Agency may establish a program
1113	1113	21 of on-road testing of in-use vehicles through the use of
1114	1114	22 remote sensing devices. In any such program, the Agency
1115	1115	23 shall evaluate the emission performance of 0.5% of the
1116	1116	24 subject fleet or 20,000 vehicles, whichever is less. Under
1117	1117	25 no circumstances shall on-road testing include any sort of
1118	1118	26 roadblock or roadside pullover or cause any type of
1119	1119
1120	1120
1121	1121
1122	1122
1123	1123
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1125	1125
1126	1126
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1128	1128	HB3774 - 31 - LRB103 27544 MXP 53919 b
1129	1129	1 traffic delay. If, during the course of an on-road
1130	1130	2 inspection, a vehicle is found to exceed the on-road
1131	1131	3 emissions standards established for the model year and
1132	1132	4 type of vehicle, the Agency shall send a notice to the
1133	1133	5 vehicle owner. The notice shall document the occurrence
1134	1134	6 and the results of the on-road exceedance. The notice of a
1135	1135	7 second on-road exceedance shall indicate that the vehicle
1136	1136	8 has been reassigned and is subject to an out-of-cycle
1137	1137	9 follow-up inspection at an official inspection station. In
1138	1138	10 no case shall the Agency send a notice of an on-road
1139	1139	11 exceedance to the owner of a vehicle that was found to
1140	1140	12 exceed the on-road emissions standards established for the
1141	1141	13 model year and type of vehicle, if the vehicle is
1142	1142	14 registered outside of the affected counties.
1143	1143	15 (Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12;
1144	1144	16 97-813, eff. 7-13-12.)
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
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