625 ILCS 5/13-109.1
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 13 - Inspection Of Vehicles

(Text of Section from P.A. 102-538)Sec. 13-109.1. Annual emission inspection tests;  standards; penalties;  funds.(a) For each diesel powered vehicle that (i) is registered for a gross  weight of  more than 16,000 pounds, (ii) is registered within an affected area, and  (iii) is a 2 year  or older model year, an annual emission  inspection test  shall be conducted at an official testing station certified by the Illinois  Department  of Transportation to perform  diesel emission inspections pursuant to the standards set forth in  subsection  (b) of this  Section.  This annual emission inspection test may be conducted in conjunction  with a  semi-annual safety test.(a-5) (Blank).(b) Diesel emission inspections conducted under this Chapter 13 shall be  conducted in accordance with the Society of Automotive Engineers Recommended  Practice J1667  "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered  Vehicles" and the cutpoint standards set forth in the United States  Environmental Protection Agency guidance  document "Guidance to States on Smoke Opacity Cutpoints to be used with the  SAE J1667 In-Use Smoke Test Procedure".  Those procedures and standards, as  now in effect, are made a part of this Code, in the same manner as though they  were set out in full in this Code.Notwithstanding the above cutpoint standards, for motor vehicles that are  model years 1973 and  older, until  December 31,  2002, the level of peak smoke opacity shall not exceed 70 percent.  Beginning  January  1, 2003, for motor vehicles that are model years 1973 and older, the level of  peak smoke  opacity shall not exceed 55 percent.(c) If the annual emission inspection under subsection (a) reveals  that the vehicle is not in compliance with  the  diesel emission standards set forth in subsection (b) of this Section, the  operator of the  official  testing station shall issue a warning notice requiring correction of the  violation.  The correction shall be made and the vehicle submitted to an  emissions retest at an official testing station certified by the Department to  perform diesel emission inspections within 30 days from the issuance of the  warning notice requiring correction of the violation.If, within 30 days from the issuance of the warning notice, the vehicle is  not in compliance with the diesel  emission standards set forth in subsection (b) as determined by an emissions  retest at an official testing station, the operator of the official  testing station or the Department shall place the vehicle out-of-service in  accordance with the rules promulgated by the Department. Operating a vehicle  that has been placed out-of-service under this subsection (c) is a petty  offense punishable by a $1,000 fine.  The vehicle must pass a diesel emission inspection at an official testing  station before it is again placed in service.  The Secretary of State, Illinois State Police, and other law enforcement  officers shall enforce this Section.  No emergency vehicle, as defined in Section 1-105, may be placed out-of-service  pursuant to this Section.The Department or an official testing station may issue a certificate of  waiver subsequent to a reinspection of a vehicle that failed the emissions  inspection.  Certificate of waiver shall be issued upon determination that  documented proof demonstrates that emissions repair costs for the noncompliant  vehicle of at least $3,000 have been spent in an effort to achieve  compliance with the emission standards set forth in subsection (b).  The  Department of Transportation shall adopt rules for the implementation of this  subsection including standards of documented proof as well as the criteria by  which a waiver shall be granted.(c-5) (Blank).(d) (Blank).  (Source: P.A. 102-538, eff. 8-20-21.)(Text of Section from P.A. 102-566)Sec. 13-109.1. Annual emission inspection tests;  standards; penalties;  funds.(a) For each diesel powered vehicle that (i) is registered for a gross  weight of  more than 16,000 pounds, (ii) is registered within an affected area, and  (iii) is a 2 year  or older model year, an annual emission  inspection test  shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois  Department  of Transportation to perform  diesel emission inspections pursuant to the standards set forth in  subsection  (b) of this  Section.  This annual emission inspection test may be conducted in conjunction  with a  semi-annual safety test.(a-5) (Blank).(b) Diesel emission inspections conducted under this Chapter 13 shall be  conducted in accordance with the Society of Automotive Engineers Recommended  Practice J1667  "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered  Vehicles" and the cutpoint standards set forth in the United States  Environmental Protection Agency guidance  document "Guidance to States on Smoke Opacity Cutpoints to be used with the  SAE J1667 In-Use Smoke Test Procedure".  Those procedures and standards, as  now in effect, are made a part of this Code, in the same manner as though they  were set out in full in this Code.Notwithstanding the above cutpoint standards, for motor vehicles that are  model years 1973 and  older, until  December 31,  2002, the level of peak smoke opacity shall not exceed 70 percent.  Beginning  January  1, 2003, for motor vehicles that are model years 1973 and older, the level of  peak smoke  opacity shall not exceed 55 percent.(c) If the annual emission inspection under subsection (a) reveals  that the vehicle is not in compliance with  the  diesel emission standards set forth in subsection (b) of this Section, the  operator of the  official  testing station or official portable emissions testing company shall issue a warning notice requiring correction of the  violation.  The correction shall be made and the vehicle submitted to an  emissions retest at an official testing station or official portable emissions testing company certified by the Department to  perform diesel emission inspections within 30 days from the issuance of the  warning notice requiring correction of the violation.If, within 30 days from the issuance of the warning notice, the vehicle is  not in compliance with the diesel  emission standards set forth in subsection (b) as determined by an emissions  retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in  accordance with the rules promulgated by the Department. Operating a vehicle  that has been placed out-of-service under this subsection (c) is a petty  offense punishable by a $1,000 fine.  The vehicle must pass a diesel emission inspection at an official testing  station before it is again placed in service.  The Secretary of State, Department of State Police, and other law enforcement  officers shall enforce this Section.  No emergency vehicle, as defined in Section 1-105, may be placed out-of-service  pursuant to this Section.The Department, an official testing station, or an official portable emissions testing company may issue a certificate of  waiver subsequent to a reinspection of a vehicle that failed the emissions  inspection.  Certificate of waiver shall be issued upon determination that  documented proof demonstrates that emissions repair costs for the noncompliant  vehicle of at least $3,000 have been spent in an effort to achieve  compliance with the emission standards set forth in subsection (b).  The  Department of Transportation shall adopt rules for the implementation of this  subsection including standards of documented proof as well as the criteria by  which a waiver shall be granted.(c-5) (Blank).(d) (Blank).  (Source: P.A. 102-566, eff. 1-1-22.)