Illinois 2023-2024 Regular Session

Illinois House Bill HB3774 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            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
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
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.
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A BILL FOR
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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Aircraft Landing and Taking Off Restriction
5  Act is amended by changing Section 1 and by adding Section 7.5
6  as follows:
7  (620 ILCS 15/1) (from Ch. 15 1/2, par. 187)
8  Sec. 1. For the purposes of this Act, the term:
9  (a) "public airport" means any airport owned or operated
10  by the State of Illinois, or by any municipal corporation or
11  political subdivision of this state, which is used or intended
12  for use by public, commercial and private aircraft and by
13  persons owning, managing, operating or desiring to use,
14  inspect or repair any such aircraft or to use any such airport
15  for aeronautical purposes.
16  (b) "individual charged with the responsibility of
17  grounding aircraft" means a person who is regularly in the
18  employ of a public airport in a managerial or operational
19  position who has been specifically authorized by the governing
20  body of the municipality which owns or operates the public
21  airport to exercise the powers conferred by this Act.
22  (c) "roadable aircraft" means any aircraft capable of
23  taking off and landing from a suitable airfield which is also

 

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
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.
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A BILL FOR

 

 

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



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1  designed to be driven on public roadways as a conveyance.
2  (Source: Laws 1957, p. 1294)
3  (620 ILCS 15/7.5 new)
4  Sec. 7.5. Roadable aircraft. All roadable aircraft shall
5  be required to take off and land from a suitable airstrip and
6  shall be prohibited from taking off and landing from any
7  public roadway unless under conditions of an emergency. All
8  roadable aircraft shall be considered motor vehicles while in
9  operation on the roadways of the State. The operation of
10  roadable aircraft shall be subject to restrictions placed upon
11  the use of public roadways by rules adopted by the Department
12  of Transportation.
13  Section 10. The Illinois Vehicle Code is amended by
14  changing Sections 3-102, 3-412, 3-413, 13-101, and 13C-15 and
15  by adding Sections 1-178.5, 3-405.35, and 11-201.5 as follows:
16  (625 ILCS 5/1-178.5 new)
17  Sec. 1-178.5. Roadable aircraft. A roadable aircraft is an
18  aircraft that has a method of propulsion which allows wheeled
19  travel on roads and highways and is manufactured to meet the
20  federal safety standards of motorcycles.
21  (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
22  Sec. 3-102. Exclusions. No certificate of title need be

 

 

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1  obtained for:
2  1. a vehicle owned by the State of Illinois; or a
3  vehicle owned by the United States unless it is registered
4  in this State;
5  2. a vehicle owned by a manufacturer or dealer and
6  held for sale, even though incidentally moved on the
7  highway or used for purposes of testing or demonstration,
8  provided a dealer reassignment area is still available on
9  the manufacturer's certificate of origin or the Illinois
10  title; or a vehicle used by a manufacturer solely for
11  testing;
12  3. a vehicle owned by a non-resident of this State and
13  not required by law to be registered in this State;
14  4. a motor vehicle regularly engaged in the interstate
15  transportation of persons or property for which a
16  currently effective certificate of title has been issued
17  in another State;
18  5. a vehicle moved solely by animal power;
19  6. an implement of husbandry;
20  7. special mobile equipment;
21  8. an apportionable trailer or an apportionable
22  semitrailer registered in the State prior to April 1,
23  1998;
24  9. a manufactured home for which an affidavit of
25  affixation has been recorded pursuant to the Conveyance
26  and Encumbrance of Manufactured Homes as Real Property and

 

 

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1  Severance Act unless with respect to the same manufactured
2  home there has been recorded an affidavit of severance
3  pursuant to that Act; or .
4  10. a roadable aircraft as defined in Section 1-777.2.
5  (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
6  (625 ILCS 5/3-405.35 new)
7  Sec. 3-405.35. Application for roadable aircraft.
8  (a) Upon receipt of an application for registration of a
9  roadable aircraft and payment of applicable fees, the
10  Secretary of State shall issue a certificate of registration
11  to the owner of a roadable aircraft if the application is
12  accompanied by the following:
13  (i) proof of valid and unexpired aircraft registration
14  issued by the Department; and
15  (ii) a copy of an annual aircraft inspection completed
16  within the 12 calendar months immediately preceding the
17  date of application.
18  (b) Roadable aircraft shall be identified using a
19  federally issued tail number and shall not be required to
20  display an additional license plate or decal. The Secretary of
21  State shall issue a motorcycle-sized license plate to each
22  roadable aircraft owner with a license plate number matching
23  the federally issued tail number but the display of the
24  license plate shall be at the discretion of the roadable
25  aircraft owner.

 

 

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1  (c) The expiration date of a certificate issued pursuant
2  to this Section shall match the expiration of the aircraft
3  registration issued by the Department.
4  (d) The fees for registration of roadable aircraft shall
5  be comprised of the following:
6  (1) the fee prescribed by Section 42 of the Illinois
7  Aeronautics Act, payable to the Department under that Act;
8  and
9  (2) for original issuance, $15, which shall be
10  deposited into the Secretary of State Special License
11  Plate Fund; or
12  (3) for each registration renewal period, $2, which
13  shall be deposited into the Secretary of State Special
14  License Plate Fund.
15  (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
16  Sec. 3-412. Registration plates or digital registration
17  plates and registration stickers or digital registration
18  stickers to be furnished by the Secretary of State.
19  (a) The Secretary of State upon registering a vehicle
20  subject to annual registration for the first time shall issue
21  or shall cause to be issued to the owner one registration plate
22  or digital registration plate for a motorcycle, trailer,
23  semitrailer, moped, autocycle, or truck-tractor, 2
24  registration plates, or a digital registration plate and metal
25  plate as set forth in Section 3-401.5, for other motor

 

 

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1  vehicles and, where applicable, current registration stickers
2  or digital registration stickers for motor vehicles of the
3  first division. The provisions of this Section may be made
4  applicable to such vehicles of the second division, as the
5  Secretary of State may, from time to time, in his discretion
6  designate. On subsequent annual registrations during the term
7  of the registration plate or digital registration plate as
8  provided in Section 3-414.1, the Secretary shall issue or
9  cause to be issued registration stickers or digital
10  registration stickers as evidence of current registration.
11  However, the issuance of annual registration stickers or
12  digital registration stickers to vehicles registered under the
13  provisions of Sections 3-402.1 and 3-405.3 of this Code may
14  not be required if the Secretary deems the issuance
15  unnecessary.
16  (b) Every registration plate or digital registration plate
17  shall have displayed upon it the registration number assigned
18  to the vehicle for which it is issued, the name of this State,
19  which may be abbreviated, the year number for which it was
20  issued, which may be abbreviated, the phrase "Land of Lincoln"
21  (except as otherwise provided in this Code), and such other
22  letters or numbers as the Secretary may prescribe. However,
23  for apportionment plates issued to vehicles registered under
24  Section 3-402.1 and fleet plates issued to vehicles registered
25  under Section 3-405.3, the phrase "Land of Lincoln" may be
26  omitted to allow for the word "apportioned", the word "fleet",

 

 

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1  or other similar language to be displayed. Registration plates
2  or digital registration plates issued to a vehicle registered
3  as a fleet vehicle may display a designation determined by the
4  Secretary.
5  The Secretary may in his discretion prescribe that letters
6  be used as prefixes only on registration plates or digital
7  registration plates issued to vehicles of the first division
8  which are registered under this Code and only as suffixes on
9  registration plates or digital registration plates issued to
10  other vehicles. Every registration sticker or digital
11  registration sticker issued as evidence of current
12  registration shall designate the year number for which it is
13  issued and such other letters or numbers as the Secretary may
14  prescribe and shall be of a contrasting color with the
15  registration plates or digital registration plates and
16  registration stickers or digital registration stickers of the
17  previous year.
18  (c) Each registration plate or digital registration plate
19  and the required letters and numerals thereon, except the year
20  number for which issued, shall be of sufficient size to be
21  plainly readable from a distance of 100 feet during daylight,
22  and shall be coated with reflectorizing material. The
23  dimensions of the plate issued to vehicles of the first
24  division shall be 6 by 12 inches.
25  (d) The Secretary of State shall issue for every passenger
26  motor vehicle rented without a driver the same type of

 

 

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1  registration plates or digital registration plates as the type
2  of plates issued for a private passenger vehicle.
3  (e) The Secretary of State shall issue for every passenger
4  car used as a taxicab or livery, distinctive registration
5  plates or digital registration plates.
6  (f) The Secretary of State shall issue for every
7  motorcycle distinctive registration plates or digital
8  registration plates distinguishing between motorcycles having
9  150 or more cubic centimeters piston displacement, or having
10  less than 150 cubic centimeter piston displacement.
11  (g) Registration plates or digital registration plates
12  issued to vehicles for-hire may display a designation as
13  determined by the Secretary that such vehicles are for-hire.
14  (h) (Blank).
15  (i) The Secretary of State shall issue for every public
16  and private ambulance registration plates or digital
17  registration plates identifying the vehicle as an ambulance.
18  The Secretary shall forward to the Department of Healthcare
19  and Family Services registration information for the purpose
20  of verification of claims filed with the Department by
21  ambulance owners for payment for services to public assistance
22  recipients.
23  (j) The Secretary of State shall issue for every public
24  and private medical carrier or rescue vehicle livery
25  registration plates or digital registration plates displaying
26  numbers within ranges of numbers reserved respectively for

 

 

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1  medical carriers and rescue vehicles. The Secretary shall
2  forward to the Department of Healthcare and Family Services
3  registration information for the purpose of verification of
4  claims filed with the Department by owners of medical carriers
5  or rescue vehicles for payment for services to public
6  assistance recipients.
7  (k) The Secretary of State shall issue distinctive license
8  plates or digital registration plates or distinctive license
9  plate stickers or digital registration stickers for every
10  vehicle exempted from subsections (a) and (a-5) of Section
11  12-503 by subsection (g) of that Section, and by subsection
12  (g-5) of that Section before its deletion by this amendatory
13  Act of the 95th General Assembly. The Secretary shall issue
14  these plates or stickers immediately upon receiving the
15  physician's certification required under subsection (g) of
16  Section 12-503. New plates or stickers shall also be issued
17  when the certification is renewed as provided in that
18  subsection.
19  (l) The Secretary of State shall issue distinctive
20  registration plates or digital registration plates for
21  low-speed vehicles.
22  (m) The Secretary of State shall issue distinctive
23  registration plates or digital registration plates for
24  autocycles. The dimensions of the plate issued to autocycles
25  shall be 4 by 7 inches.
26  (n) The Secretary of State shall issue distinctive

 

 

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1  registration plates or digital registration plates for
2  roadable aircraft. The dimensions of the plate issued to
3  autocycles shall be 4 by 7 inches. The Secretary shall issue
4  one annual registration sticker to the owner of a roadable
5  aircraft.
6  (Source: P.A. 101-395, eff. 8-16-19.)
7  (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
8  Sec. 3-413. Display of registration plates or digital
9  registration plates, registration stickers or digital
10  registration stickers, and drive-away permits; registration
11  plate or digital registration plate covers.
12  (a) Registration plates or digital registration plates
13  issued for a motor vehicle other than a motorcycle, autocycle,
14  trailer, semitrailer, truck-tractor, apportioned bus, or
15  apportioned truck shall be attached thereto, one in the front
16  and one in the rear. The registration plate or digital
17  registration plate issued for a motorcycle, autocycle, trailer
18  or semitrailer required to be registered hereunder and any
19  apportionment plate issued to a bus under the provisions of
20  this Code shall be attached to the rear thereof. The
21  registration plate or digital registration plate issued for a
22  truck-tractor or an apportioned truck required to be
23  registered hereunder shall be attached to the front thereof.
24  (b) Except for vehicles with rear loaded motorized
25  forklifts, every registration plate or digital registration

 

 

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1  plate shall at all times be securely fastened in a horizontal
2  position to the vehicle for which it is issued so as to prevent
3  the plate from swinging and at a height of not less than 5
4  inches from the ground, measuring from the bottom of such
5  plate, in a place and position to be clearly visible and shall
6  be maintained in a condition to be clearly legible, free from
7  any materials that would obstruct the visibility of the plate.
8  A registration plate or digital registration plate on a
9  motorcycle may be mounted vertically as long as it is
10  otherwise clearly visible. Registration stickers or digital
11  registration stickers issued as evidence of renewed annual
12  registration shall be attached to registration plates or
13  displayed on digital registration plates as required by the
14  Secretary of State, and be clearly visible at all times. For
15  those vehicles with rear loaded motorized forklifts, if the
16  rear plate is securely fastened in a horizontal position as
17  prescribed, the plate and registration sticker shall not be
18  required to be clearly visible at all times as a result of the
19  rear mounted motorized forklift obstructing the view.
20  (b-5) Notwithstanding subsection (b), the display of the
21  registration plate for a roadable aircraft is within the
22  discretion of the owner of the roadable aircraft. The
23  registration sticker for the roadable aircraft shall be
24  affixed to the left tail section of the roadable aircraft in a
25  visible area.
26  (c) Every drive-away permit issued pursuant to this Code

 

 

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1  shall be firmly attached to the motor vehicle in the manner
2  prescribed by the Secretary of State. If a drive-away permit
3  is affixed to a motor vehicle in any other manner the permit
4  shall be void and of no effect.
5  (d) The Illinois prorate decal issued to a foreign
6  registered vehicle part of a fleet prorated or apportioned
7  with Illinois, shall be displayed on a registration plate or
8  digital registration plate and displayed on the front of such
9  vehicle in the same manner as an Illinois registration plate
10  or digital registration plate.
11  (e) The registration plate or digital registration plate
12  issued for a camper body mounted on a truck displaying
13  registration plates or digital registration plates shall be
14  attached to the rear of the camper body.
15  (f) No person shall operate a vehicle, nor permit the
16  operation of a vehicle, upon which is displayed an Illinois
17  registration plate or plates or digital registration plate or
18  plates or registration stickers or digital registration
19  stickers, except as provided for in subsection (b) of Section
20  3-701 of this Code, after the termination of the registration
21  period for which issued or after the expiration date set
22  pursuant to Sections 3-414 and 3-414.1 of this Code.
23  (g) A person may not operate any motor vehicle that is
24  equipped with registration plate or digital registration plate
25  covers. A violation of this subsection (g) or a similar
26  provision of a local ordinance is an offense against laws and

 

 

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1  ordinances regulating the movement of traffic.
2  (h) A person may not sell or offer for sale a registration
3  plate or digital registration plate cover. A violation of this
4  subsection (h) is a business offense.
5  (i) A person may not advertise for the purpose of
6  promoting the sale of registration plate or digital
7  registration plate covers. A violation of this subsection (i)
8  is a business offense.
9  (j) A person may not modify the original manufacturer's
10  mounting location of the rear registration plate or digital
11  registration plate on any vehicle so as to conceal the
12  registration or to knowingly cause it to be obstructed in an
13  effort to hinder a peace officer from obtaining the
14  registration for the enforcement of a violation of this Code,
15  Section 27.1 of the Toll Highway Act concerning toll evasion,
16  or any municipal ordinance. Modifications prohibited by this
17  subsection (j) include but are not limited to the use of an
18  electronic device. A violation of this subsection (j) is a
19  Class A misdemeanor.
20  (Source: P.A. 101-395, eff. 8-16-19.)
21  (625 ILCS 5/11-201.5 new)
22  Sec. 11-201.5. Roadable aircraft. A roadable aircraft
23  shall be considered a motor vehicle while in operation on the
24  roadways of this State. The operation of a roadable aircraft
25  shall be subject to restrictions placed upon the use of public

 

 

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1  roadways by rules adopted by the Department of Transportation.
2  (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
3  Sec. 13-101. Submission to safety test; certificate of
4  safety. To promote the safety of the general public, every
5  owner of a second division vehicle, medical transport vehicle,
6  tow truck, first division vehicle including a taxi which is
7  used for a purpose that requires a school bus driver permit,
8  motor vehicle used for driver education training, or contract
9  carrier transporting employees in the course of their
10  employment on a highway of this State in a vehicle designed to
11  carry 15 or fewer passengers shall, before operating the
12  vehicle upon the highways of Illinois, submit it to a "safety
13  test" and secure a certificate of safety furnished by the
14  Department as set forth in Section 13-109. Each second
15  division motor vehicle that pulls or draws a trailer,
16  semitrailer or pole trailer, with a gross weight of 10,001 lbs
17  or more or is registered for a gross weight of 10,001 lbs or
18  more, motor bus, religious organization bus, school bus,
19  senior citizen transportation vehicle, and limousine shall be
20  subject to inspection by the Department and the Department is
21  authorized to establish rules and regulations for the
22  implementation of such inspections.
23  The owners of each salvage vehicle shall submit it to a
24  "safety test" and secure a certificate of safety furnished by
25  the Department prior to its salvage vehicle inspection

 

 

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1  pursuant to Section 3-308 of this Code. In implementing and
2  enforcing the provisions of this Section, the Department and
3  other authorized State agencies shall do so in a manner that is
4  not inconsistent with any applicable federal law or regulation
5  so that no federal funding or support is jeopardized by the
6  enactment or application of these provisions.
7  However, none of the provisions of Chapter 13 requiring
8  safety tests or a certificate of safety shall apply to:
9  (a) farm tractors, machinery and implements, wagons,
10  wagon-trailers or like farm vehicles used primarily in
11  agricultural pursuits;
12  (b) vehicles other than school buses, tow trucks and
13  medical transport vehicles owned or operated by a
14  municipal corporation or political subdivision having a
15  population of 1,000,000 or more inhabitants and which are
16  subject to safety tests imposed by local ordinance or
17  resolution;
18  (c) a semitrailer or trailer having a gross weight of
19  5,000 pounds or less including vehicle weight and maximum
20  load;
21  (d) recreational vehicles;
22  (e) vehicles registered as and displaying Illinois
23  antique vehicle plates and vehicles registered as
24  expanded-use antique vehicles and displaying expanded-use
25  antique vehicle plates;
26  (f) house trailers equipped and used for living

 

 

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1  quarters;
2  (g) vehicles registered as and displaying Illinois
3  permanently mounted equipment plates or similar vehicles
4  eligible therefor but registered as governmental vehicles
5  provided that if said vehicle is reclassified from a
6  permanently mounted equipment plate so as to lose the
7  exemption of not requiring a certificate of safety, such
8  vehicle must be safety tested within 30 days of the
9  reclassification;
10  (h) vehicles owned or operated by a manufacturer,
11  dealer or transporter displaying a special plate or plates
12  as described in Chapter 3 of this Code while such vehicle
13  is being delivered from the manufacturing or assembly
14  plant directly to the purchasing dealership or
15  distributor, or being temporarily road driven for quality
16  control testing, or from one dealer or distributor to
17  another, or are being moved by the most direct route from
18  one location to another for the purpose of installing
19  special bodies or equipment, or driven for purposes of
20  demonstration by a prospective buyer with the dealer or
21  his agent present in the cab of the vehicle during the
22  demonstration;
23  (i) pole trailers and auxiliary axles;
24  (j) special mobile equipment;
25  (k) vehicles properly registered in another State
26  pursuant to law and displaying a valid registration plate

 

 

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1  or digital registration plate, except vehicles of contract
2  carriers transporting employees in the course of their
3  employment on a highway of this State in a vehicle
4  designed to carry 15 or fewer passengers are only exempted
5  to the extent that the safety testing requirements
6  applicable to such vehicles in the state of registration
7  are no less stringent than the safety testing requirements
8  applicable to contract carriers that are lawfully
9  registered in Illinois;
10  (l) water-well boring apparatuses or rigs;
11  (m) any vehicle which is owned and operated by the
12  federal government and externally displays evidence of
13  such ownership; and
14  (n) second division vehicles registered for a gross
15  weight of 10,000 pounds or less, except when such second
16  division motor vehicles pull or draw a trailer,
17  semi-trailer or pole trailer having a gross weight of or
18  registered for a gross weight of more than 10,000 pounds;
19  motor buses; religious organization buses; school buses;
20  senior citizen transportation vehicles; medical transport
21  vehicles; tow trucks; and any property carrying vehicles
22  being operated in commerce that are registered for a gross
23  weight of more than 8,000 lbs but less than 10,001 lbs;
24  and .
25  (o) roadable aircraft.
26  The safety test shall include the testing and inspection

 

 

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1  of brakes, lights, horns, reflectors, rear vision mirrors,
2  mufflers, safety chains, windshields and windshield wipers,
3  warning flags and flares, frame, axle, cab and body, or cab or
4  body, wheels, steering apparatus, and other safety devices and
5  appliances required by this Code and such other safety tests
6  as the Department may by rule or regulation require, for
7  second division vehicles, school buses, medical transport
8  vehicles, tow trucks, first division vehicles including taxis
9  which are used for a purpose that requires a school bus driver
10  permit, motor vehicles used for driver education training,
11  vehicles designed to carry 15 or fewer passengers operated by
12  a contract carrier transporting employees in the course of
13  their employment on a highway of this State, trailers, and
14  semitrailers subject to inspection.
15  For tow trucks, the safety test and inspection shall also
16  include the inspection of winch mountings, body panels, body
17  mounts, wheel lift swivel points, and sling straps, and other
18  tests and inspections the Department by rule requires for tow
19  trucks.
20  For driver education vehicles used by public high schools,
21  the vehicle must also be equipped with dual control brakes, a
22  mirror on each side of the vehicle so located as to reflect to
23  the driver a view of the highway for a distance of at least 200
24  feet to the rear, and a sign visible from the front and the
25  rear identifying the vehicle as a driver education car.
26  For trucks, truck tractors, trailers, semi-trailers,

 

 

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1  buses, and first division vehicles including taxis which are
2  used for a purpose that requires a school bus driver permit,
3  the safety test shall be conducted in accordance with the
4  Minimum Periodic Inspection Standards promulgated by the
5  Federal Highway Administration of the U.S. Department of
6  Transportation and contained in Appendix G to Subchapter B of
7  Chapter III of Title 49 of the Code of Federal Regulations.
8  Those standards, as now in effect, are made a part of this
9  Code, in the same manner as though they were set out in full in
10  this Code.
11  The passing of the safety test shall not be a bar at any
12  time to prosecution for operating a second division vehicle,
13  medical transport vehicle, motor vehicle used for driver
14  education training, or vehicle designed to carry 15 or fewer
15  passengers operated by a contract carrier as provided in this
16  Section that is unsafe, as determined by the standards
17  prescribed in this Code.
18  (Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
19  (625 ILCS 5/13C-15)
20  Sec. 13C-15. Inspections.
21  (a) Computer-Matched Inspections and Notification.
22  (1) The provisions of this subsection (a) are
23  operative until the implementation of the registration
24  denial inspection and notification mechanisms required by
25  subsection (b). Beginning with the implementation of the

 

 

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1  program required by this Chapter, every motor vehicle that
2  is owned by a resident of an affected county, other than a
3  vehicle that is exempt under paragraph (a)(6) or (a)(7),
4  is subject to inspection under the program.
5  The Agency shall send notice of the assigned
6  inspection month, at least 15 days before the beginning of
7  the assigned month, to the owner of each vehicle subject
8  to the program. An initial emission inspection sticker or
9  initial inspection certificate, as the case may be,
10  expires on the last day of the third month following the
11  month assigned by the Agency for the first inspection of
12  the vehicle. A renewal inspection sticker or certificate
13  expires on the last day of the third month following the
14  month assigned for inspection in the year in which the
15  vehicle's next inspection is required.
16  The Agency or its agent may issue an interim emission
17  inspection sticker or certificate for any vehicle subject
18  to inspection that does not have a currently valid
19  emission inspection sticker or certificate at the time the
20  Agency is notified by the Secretary of State of its
21  registration by a new owner, and for which an initial
22  emission inspection sticker or certificate has already
23  been issued. An interim emission inspection sticker or
24  certificate expires no later than the last day of the
25  sixth complete calendar month after the date the Agency
26  issued the interim emission inspection sticker or

 

 

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1  certificate.
2  The owner of each vehicle subject to inspection shall
3  obtain an emission inspection sticker or certificate for
4  the vehicle in accordance with this paragraph (1). Before
5  the expiration of the emission inspection sticker or
6  certificate, the owner shall have the vehicle inspected
7  and, upon demonstration of compliance, obtain a renewal
8  emission inspection sticker or certificate. A renewal
9  emission inspection sticker or certificate shall not be
10  issued more than 5 months before the expiration date of
11  the previous inspection sticker or certificate.
12  (2) Except as provided in paragraph (a)(3), vehicles
13  shall be inspected every 2 years on a schedule that begins
14  either in the second, fourth, or later calendar year after
15  the vehicle model year. The beginning test schedule shall
16  be set by the Agency and shall be consistent with the
17  State's requirements for emission reductions as determined
18  by the applicable United States Environmental Protection
19  Agency vehicle emissions estimation model and applicable
20  guidance and rules.
21  (3) A vehicle may be inspected at a time outside of its
22  normal 2-year inspection schedule, if (i) the vehicle was
23  acquired by a new owner and (ii) the vehicle was required
24  to be in compliance with this Act at the time the vehicle
25  was acquired by the new owner, but it was not then in
26  compliance.

 

 

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1  (4) The owner of a vehicle subject to inspection shall
2  have the vehicle inspected and shall obtain and display on
3  the vehicle or carry within the vehicle, in a manner
4  specified by the Agency, a valid unexpired emission
5  inspection sticker or certificate in the manner specified
6  by the Agency. A person who violates this paragraph (4) is
7  guilty of a petty offense, except that a third or
8  subsequent violation within one year of the first
9  violation is a Class C misdemeanor. The fine imposed for a
10  violation of this paragraph (4) shall be not less than $50
11  if the violation occurred within 60 days following the
12  date by which a new or renewal emission inspection sticker
13  or certificate was required to be obtained for the
14  vehicle, and not less than $300 if the violation occurred
15  more than 60 days after that date.
16  (5) For a $20 fee, to be paid into the Vehicle
17  Inspection Fund, the Agency may inspect:
18  (A) A vehicle registered in and subject to the
19  emission inspections requirements of another state.
20  (B) A vehicle presented for inspection on a
21  voluntary basis.
22  Any fees collected under this paragraph (5) shall not
23  offset Motor Fuel Tax Funds normally appropriated for the
24  program.
25  (6) The following vehicles are not subject to
26  inspection:

 

 

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1  (A) Vehicles not subject to registration under
2  Article IV of Chapter 3 of this Code, other than
3  vehicles owned by the federal government.
4  (B) Motorcycles, motor driven cycles, and
5  motorized pedalcycles.
6  (C) Farm vehicles and implements of husbandry.
7  (D) Implements of warfare owned by the State or
8  federal government.
9  (E) Antique vehicles, expanded-use antique
10  vehicles, custom vehicles, street rods, and vehicles
11  of model year 1967 or before.
12  (F) Vehicles operated exclusively for parade or
13  ceremonial purposes by any veterans, fraternal, or
14  civic organization, organized on a not-for-profit
15  basis.
16  (G) Vehicles for which the Secretary of State,
17  under Section 3-117 of this Code, has issued a Junking
18  Certificate.
19  (H) Diesel powered vehicles and vehicles that are
20  powered exclusively by electricity.
21  (I) Vehicles operated exclusively in organized
22  amateur or professional sporting activities, as
23  defined in Section 3.310 of the Environmental
24  Protection Act.
25  (J) Vehicles registered in, subject to, and in
26  compliance with the emission inspection requirements

 

 

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1  of another state.
2  (K) Vehicles participating in an OBD continuous
3  monitoring program operated in accordance with
4  procedures adopted by the Agency.
5  (L) Vehicles of model year 1995 or earlier that do
6  not have an expired emissions test sticker or
7  certificate on February 1, 2007.
8  (M) Roadable aircraft.
9  The Agency may issue temporary or permanent exemption
10  stickers or certificates for vehicles temporarily or
11  permanently exempt from inspection under this paragraph
12  (6). An exemption sticker or certificate does not need to
13  be displayed.
14  (7) According to criteria that the Agency may adopt, a
15  motor vehicle may be exempted from the inspection
16  requirements of this Section by the Agency on the basis of
17  an Agency determination that the vehicle is located and
18  primarily used outside of the affected counties or in
19  other jurisdictions where vehicle emission inspections are
20  not required. The Agency may issue an annual exemption
21  sticker or certificate without inspection for any vehicle
22  exempted from inspection under this paragraph (7).
23  (8) Any owner or lessee of a fleet of 15 or more motor
24  vehicles that are subject to inspection under this Section
25  may apply to the Agency for a permit to establish and
26  operate a private official inspection station in

 

 

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1  accordance with rules adopted by the Agency.
2  (9) Pursuant to Title 40, Section 51.371 of the Code
3  of Federal Regulations, the Agency may establish a program
4  of on-road testing of in-use vehicles through the use of
5  remote sensing devices. In any such program, the Agency
6  shall evaluate the emission performance of 0.5% of the
7  subject fleet or 20,000 vehicles, whichever is less. Under
8  no circumstances shall on-road testing include any sort of
9  roadblock or roadside pullover or cause any type of
10  traffic delay. If, during the course of an on-road
11  inspection, a vehicle is found to exceed the on-road
12  emissions standards established for the model year and
13  type of vehicle, the Agency shall send a notice to the
14  vehicle owner. The notice shall document the occurrence
15  and the results of the on-road exceedance. The notice of a
16  second on-road exceedance shall indicate that the vehicle
17  has been reassigned and is subject to an out-of-cycle
18  follow-up inspection at an official inspection station. In
19  no case shall the Agency send a notice of an on-road
20  exceedance to the owner of a vehicle that was found to
21  exceed the on-road emission standards established for the
22  model year and type of vehicle, if the vehicle is
23  registered outside of the affected counties.
24  (b) Registration Denial Inspection and Notification.
25  (1) No later than January 1, 2008, every motor vehicle
26  that is owned by a resident of an affected county, other

 

 

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1  than a vehicle that is exempt under paragraph (b)(8) or
2  (b)(9), is subject to inspection under the program.
3  The owner of a vehicle subject to inspection shall
4  have the vehicle inspected and obtain proof of compliance
5  from the Agency in order to obtain or renew a vehicle
6  registration for a subject vehicle.
7  The Secretary of State shall notify the owner of a
8  vehicle subject to inspection of the requirement to have
9  the vehicle tested at least 30 days prior to the beginning
10  of the month in which the vehicle's registration is due to
11  expire. Notwithstanding the preceding, vehicles with
12  permanent registration plates shall be notified at least
13  30 days prior to the month corresponding to the date the
14  vehicle was originally registered. This notification shall
15  clearly state the vehicle's test status, based upon the
16  vehicle type, model year and registration address.
17  The owner of each vehicle subject to inspection shall
18  have the vehicle inspected and, upon demonstration of
19  compliance, obtain an emissions compliance certificate for
20  the vehicle.
21  (2) Except as provided in paragraphs (b)(3), (b)(4),
22  and (b)(5), vehicles shall be inspected every 2 years on a
23  schedule that begins in the fourth calendar year after the
24  vehicle model year. Even model year vehicles shall be
25  inspected and comply in order to renew registrations
26  expiring in even calendar years and odd model year

 

 

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1  vehicles shall be inspected and comply in order to renew
2  registrations expiring in odd calendar years.
3  (3) A vehicle shall be inspected and comply at a time
4  outside of its normal 2-year inspection schedule if (i)
5  the vehicle was acquired by a new owner and (ii) the
6  vehicle had not been issued a Compliance Certificate
7  within one year of the date of application for the title or
8  registration, or both, for the vehicle.
9  (4) Vehicles with 2-year registrations shall be
10  inspected every 2 years at the time of registration
11  issuance or renewal on a schedule that begins in the
12  fourth year after the vehicle model year.
13  (5) Vehicles with permanent vehicle registration
14  plates shall be inspected every 2 years on a schedule that
15  begins in the fourth calendar year after the vehicle model
16  year in the month corresponding to the date the vehicle
17  was originally registered. Even model year vehicles shall
18  be inspected and comply in even calendar years, and odd
19  model year vehicles shall be inspected and comply in odd
20  calendar years.
21  (6) The Agency and the Secretary of State shall
22  endeavor to ensure a smooth transition from test
23  scheduling from the provisions of subsection (a) to
24  subsection (b). Passing tests and waivers issued prior to
25  the implementation of this subsection (b) may be utilized
26  to establish compliance for a period of one year from the

 

 

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1  date of the emissions or waiver inspection.
2  (7) For a $20 fee, to be paid into the Vehicle
3  Inspection Fund, the Agency may inspect:
4  (A) A vehicle registered in and subject to the
5  emissions inspections requirements of another state.
6  (B) A vehicle presented for inspection on a
7  voluntary basis.
8  Any fees collected under this paragraph (7) shall not
9  offset Motor Fuel Tax Funds normally appropriated for the
10  program.
11  (8) The following vehicles are not subject to
12  inspection:
13  (A) Vehicles not subject to registration under
14  Article IV of Chapter 3 of this Code, other than
15  vehicles owned by the federal government.
16  (B) Motorcycles, motor driven cycles, and
17  motorized pedalcycles.
18  (C) Farm vehicles and implements of husbandry.
19  (D) Implements of warfare owned by the State or
20  federal government.
21  (E) Antique vehicles, expanded-use antique
22  vehicles, custom vehicles, street rods, and vehicles
23  of model year 1967 or before.
24  (F) Vehicles operated exclusively for parade or
25  ceremonial purposes by any veterans, fraternal, or
26  civic organization, organized on a not-for-profit

 

 

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1  basis.
2  (G) Vehicles for which the Secretary of State,
3  under Section 3-117 of this Code, has issued a Junking
4  Certificate.
5  (H) Diesel powered vehicles and vehicles that are
6  powered exclusively by electricity.
7  (I) Vehicles operated exclusively in organized
8  amateur or professional sporting activities, as
9  defined in Section 3.310 of the Environmental
10  Protection Act.
11  (J) Vehicles registered in, subject to, and in
12  compliance with the emission inspection requirements
13  of another state.
14  (K) Vehicles participating in an OBD continuous
15  monitoring program operated in accordance with
16  procedures adopted by the Agency.
17  (L) Vehicles of model year 1995 or earlier that do
18  not have an expired emissions test sticker or
19  certificate on February 1, 2007.
20  (M) Vehicles of model year 2006 or earlier with a
21  manufacturer gross vehicle weight rating between 8,501
22  and 14,000 pounds.
23  (N) Vehicles with a manufacturer gross vehicle
24  weight rating greater than 14,000 pounds.
25  (O) Roadable aircraft.
26  The Agency may issue temporary or permanent exemption

 

 

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1  certificates for vehicles temporarily or permanently
2  exempt from inspection under this paragraph (8). An
3  exemption sticker or certificate does not need to be
4  displayed.
5  (9) According to criteria that the Agency may adopt, a
6  motor vehicle may be exempted from the inspection
7  requirements of this Section by the Agency on the basis of
8  an Agency determination that the vehicle is located and
9  primarily used outside of the affected counties and in
10  other jurisdictions where vehicle emissions inspections
11  are not required. The Agency may issue an annual exemption
12  certificate without inspection for any vehicle exempted
13  from inspection under this paragraph (9).
14  (10) Any owner or lessee of a fleet of 15 or more motor
15  vehicles that are subject to inspection under this Section
16  may apply to the Agency for a permit to establish and
17  operate a private official inspection station in
18  accordance with rules adopted by the Agency.
19  (11) Pursuant to Title 40, Section 51.371 of the Code
20  of Federal Regulations, the Agency may establish a program
21  of on-road testing of in-use vehicles through the use of
22  remote sensing devices. In any such program, the Agency
23  shall evaluate the emission performance of 0.5% of the
24  subject fleet or 20,000 vehicles, whichever is less. Under
25  no circumstances shall on-road testing include any sort of
26  roadblock or roadside pullover or cause any type of

 

 

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1  traffic delay. If, during the course of an on-road
2  inspection, a vehicle is found to exceed the on-road
3  emissions standards established for the model year and
4  type of vehicle, the Agency shall send a notice to the
5  vehicle owner. The notice shall document the occurrence
6  and the results of the on-road exceedance. The notice of a
7  second on-road exceedance shall indicate that the vehicle
8  has been reassigned and is subject to an out-of-cycle
9  follow-up inspection at an official inspection station. In
10  no case shall the Agency send a notice of an on-road
11  exceedance to the owner of a vehicle that was found to
12  exceed the on-road emissions standards established for the
13  model year and type of vehicle, if the vehicle is
14  registered outside of the affected counties.
15  (Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12;
16  97-813, eff. 7-13-12.)

 

 

  HB3774 - 31 - LRB103 27544 MXP 53919 b