(625 ILCS 5/13B‑10)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑10.
Program.
(a) The Agency shall establish a program to begin January 1, 1995, to reduce
the emission of pollutants by motor vehicles. At a minimum, this program shall
provide for all of the following:
(1) The inspection of certain motor vehicles every 2
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years, as required under Section 13B‑15.
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(2) The establishment and operation of official
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(3) The designation of official test equipment and
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(4) The training and supervision of inspectors and
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(5) Procedures to assure the correct operation,
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maintenance and calibration of test equipment.
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(6) Procedures for certifying test results and for
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reporting and maintaining relevant data and records.
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(b) The Agency shall provide for the operation of a sufficient number of
official inspection stations to prevent undue difficulty in obtaining the
inspections required under this Chapter. In the event that the Agency operates
inspection stations or contracts with one or more parties to operate inspection
stations on its behalf, the Agency shall endeavor to: (i) locate the stations
so that the owners of vehicles subject to inspection reside within 12 miles of
an official inspection station; and (ii) have sufficient inspection capacity at
the stations so that the usual wait before the start of an inspection does not
exceed 20 minutes.
(Source: P.A. 88‑533 .)
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(625 ILCS 5/13B‑15)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑15.
Inspections.
(a) Beginning with the implementation of the program required by this
Chapter, every motor vehicle that is owned by a
resident of an affected county, other than a vehicle that is exempt under
subsection (f) or (g), is subject to inspection under the program.
The Agency shall send notice of the assigned inspection month, at least 15
days before the beginning of the assigned month, to the owner of each vehicle
subject to the program. For a vehicle that was subject to inspection before the
effective date of this amendatory Act of 1994 and for which an initial
inspection sticker or initial inspection certificate has already been issued,
the month to be assigned by the Agency for that vehicle shall not be earlier
than the current assigned month, unless so requested by the owner. If the
assigned month is later than the current assigned month, the Agency shall issue
either a corrected inspection sticker or corrected certificate for that
vehicle.
Initial emission inspection stickers or initial inspection certificates, as
the case may be, expire on the last day of the third month following the
month assigned by the Agency for the first inspection of the vehicle. Renewal
inspection stickers or certificates expire on the last day of the third
month following the month assigned for inspection in the year in which the
vehicle's next inspection is required.
The Agency or its agent may issue an interim emission inspection sticker or
certificate for any vehicle subject to inspection that does not have a
currently valid emission inspection sticker or certificate at the time the
Agency is notified by the Secretary of State of its registration by a new
owner, and for which an initial emission inspection sticker or certificate has
already been issued. Interim emission inspection stickers or certificates
expire no later than the last day of the sixth complete calendar month after
the date the Agency issued the interim emission inspection sticker or
certificate.
The owner of each vehicle subject to inspection shall obtain an emission
inspection sticker or certificate for the vehicle in accordance with this
subsection. Before the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected and, upon demonstration
of compliance, obtain a renewal emission inspection sticker or certificate. A
renewal emission inspection sticker or certificate shall not be issued more
than 5 months before the expiration date of the previous inspection sticker
or certificate.
(b) Except as provided in subsection (c), vehicles shall be inspected
every 2 years on a schedule that begins either in the second, fourth, or
later calendar year after the
vehicle model year.
The beginning test schedule shall be set by the Agency and shall be
consistent with the State's requirements for emission reductions as determined
by the applicable United States Environmental Protection Agency vehicle
emissions estimation model and applicable guidance and rules.
(c) A vehicle may be inspected out of its 2‑year inspection schedule
when a new owner acquires the vehicle and it should have been, but was not, in
compliance with this Act when the vehicle was acquired by the new owner.
(d) The owner of a vehicle subject to inspection shall have the vehicle
inspected and obtain and display on the vehicle or carry within the vehicle, in
a manner specified by the Agency, a valid unexpired emission inspection sticker
or certificate in the manner specified by the Agency.
Any person who violates this subsection (d) is guilty of a petty offense,
except that a third or subsequent violation within one year of the first
violation is a Class C misdemeanor. The fine imposed for a violation of this
subsection shall be not less than $50 if the violation occurred within 60 days
following the date by which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle, and not less than $300
if the violation occurred more than 60 days after that date.
(e) (1) For a $20 fee, to be paid into the Vehicle Inspection Fund, the
Agency shall inspect:
(A) Vehicles operated on federal installations
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within an affected county, pursuant to Title 40, Section 51.356 of the Code of Federal Regulations.
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(B) Federally owned vehicles operated in affected
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(2) For a fee of $20, to be paid into the Vehicle Inspection Fund, the
Agency may inspect:
(A) Vehicles registered in and subject to emission
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inspections requirements of another state.
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(B) Vehicles presented for inspection on a voluntary
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Any fees collected under this subsection shall not offset normally
appropriated Motor Fuel Tax Funds.
(f) The following vehicles are not subject to inspection:
(1) Vehicles not subject to registration under
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Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.
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(2) Motorcycles, motor driven cycles, and motorized
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(3) Farm vehicles and implements of husbandry.
(4) Implements of warfare owned by the State or
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(5) Antique vehicles, custom vehicles, street rods,
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and vehicles of model year 1967 or before.
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(6) Vehicles operated exclusively for parade or
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ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not‑for‑profit basis.
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(7) Vehicles for which a Junking Certificate has
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been issued by the Secretary of State under Section 3‑117 of this Code.
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(8) Diesel powered vehicles, and vehicles that are
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powered exclusively by electricity.
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(9) Vehicles operated exclusively in organized
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amateur or professional sporting activities, as defined in the Environmental Protection Act.
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(10) Vehicles registered in, subject to, and in
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compliance with the emission inspection requirements of another state.
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The Agency may issue temporary or permanent exemption stickers or
certificates for vehicles temporarily or permanently exempt from inspection
under this subsection (f). An exemption sticker or certificate does not need to
be displayed.
(g) According to criteria the Agency may adopt, a motor vehicle may
be exempted from the inspection requirements of this Section by the Agency on
the basis of an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other jurisdictions
where vehicle emission inspections are not required. The Agency may issue an
annual exemption sticker or certificate without inspection for any vehicle
exempted from inspection under this subsection.
(h) Any owner or lessee of a fleet of 15 or more motor vehicles which are
subject to inspection under this Section may apply to the Agency for a permit
to establish and operate a Private Official Inspection Station.
(i) Pursuant to Title 40, Section 51.371 of the Code of Federal Regulations,
the Agency shall establish a program of on‑road testing of in‑use vehicles
through the use of remote sensing devices. The Agency shall evaluate the
emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever
is less. Under no circumstances shall on‑road testing include any sort of
roadblock or roadside pullover or cause any type of traffic delay.
If, during the course of on‑road inspections, a vehicle is found to exceed
the on‑road emissions standards established for the model year and type of
vehicle, the Agency shall send a notice to the vehicle owner. The notice shall
document the occurrence and results of on‑road exceedances. The notice of a
second on‑road exceedance shall indicate that the vehicle has been reassigned
and is subject to an out‑of‑cycle follow‑up inspection at an official
inspection station. In no case shall the Agency send a notice of an on‑road
exceedance to the owner of a vehicle that was found to exceed the on‑road
emission standards established for the model year and type of vehicle if the
vehicle is registered outside of the affected counties.
(Source: P.A. 92‑668, eff. 1‑1‑03 .)
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(625 ILCS 5/13B‑25)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑25.
Performance of inspections.
(a) The inspection of vehicles required under this Chapter shall be
performed only: (i) by inspectors who have been certified by the Agency after
successfully completing a course of training and successfully passing a written
test; (ii) at official inspection stations or official on‑road inspection sites
established under this Chapter; and (iii) with equipment that has been approved
by the Agency for these inspections.
(b) Except as provided in subsections (c) and (d), the inspection shall
consist of (i) a loaded mode exhaust gas analysis; (ii) an evaporative system
integrity test; (iii) an on‑board computer diagnostic system check; and (iv) a
verification that all required emission‑related recall repairs have been made
under Title 40, Section 51.370 of the Code of Federal Regulations;
and may also include an evaporative system purge test. The owner of the
vehicle or the owner's agent shall be entitled to an emission inspection
certificate issued by an inspector only if all required tests are passed at
the time of the inspection.
(c) A steady‑state idle exhaust gas analysis may be substituted for the
loaded mode exhaust gas analysis and the evaporative purge system test in the
following cases:
(1) On any vehicle of model year 1980 or older.
(2) On any heavy duty vehicle with a manufacturer
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gross vehicle weight rating in excess of 8,500 pounds.
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(3) On any vehicle for which loaded mode testing is
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not possible due to vehicle design or configuration.
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(d) The procedures contained in subsections (d)(1) and (d)(2) of
this Section shall be followed on model year 1996 and newer vehicles
equipped with OBD on‑board computer diagnostic equipment, as required.
(1) Beginning on July 1, 2002, and continuing
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through December 31, 2003, such vehicles shall be given a complete on‑board diagnostic test consistent with the requirements of paragraphs (d)(1)(A) through (d)(1)(D) of this Section.
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(A) If the vehicle meets the standards set for
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the complete on‑board computer diagnostic test, neither the loaded mode exhaust gas analysis nor the idle exhaust gas analysis shall be performed; however, all other elements of the test contained in subsection (b) of this Section shall be performed.
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(B) If, however, the vehicle fails to meet the
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standard for the complete on‑board computer diagnostic test, it shall be given the loaded mode exhaust gas analysis or the idle exhaust gas analysis, as required, and all other elements of the test contained in subsection (b) of this Section, unless the owner of the vehicle chooses to avoid the loaded mode exhaust gas analysis or idle exhaust gas analysis and proceed directly under paragraph (d)(1)(C) of this Section. For those vehicles that fail to meet the standard for the complete on‑board computer diagnostic test, the owner of the vehicle must be informed that he or she has the option to have the vehicle tested using the less stringent loaded mode exhaust gas analysis or the idle exhaust gas analysis, as appropriate, for one test cycle.
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(C) If the vehicle fails to meet the standard
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for the complete on‑board computer diagnostic test and the standard for the loaded mode exhaust gas analysis or the idle exhaust gas analysis, as required, or the owner of the vehicle has chosen to avoid the loaded mode exhaust gas analysis or idle exhaust gas analysis and proceed directly under this paragraph, the vehicle must be repaired to pass either the complete on‑board computer diagnostic test or the loaded mode exhaust gas analysis or idle exhaust gas analysis, as required, and all other elements of the test contained in subsection (b) of this Section.
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(D) The on‑board computer diagnostic test shall
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not be a required element of the inspection mandated by this Section for such vehicles for which on‑board computer diagnostic testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations, or for vehicles with known on‑board diagnostic communications or software problems, as determined by the Agency. In such cases, all other elements of the inspection required under this Section shall be performed on such vehicles, including the exhaust gas analysis as specified in subsection (b) of this Section.
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By April 15, 2003, the Agency shall submit to the
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General Assembly a report detailing the effectiveness of the use of the on‑board computer diagnostic test. The report shall include the number of failures, the reason for each failure, the number of vehicle damage complaints, and the average wait time at the test stations.
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(2) Beginning on January 1, 2004, such vehicles
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shall be given a complete on‑board diagnostic test consistent with the requirements of paragraphs (d)(2)(A) and (d)(2)(B) of this Section.
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(A) The loaded mode exhaust gas analysis
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specified in subsection (b) of this Section shall not be performed on such vehicles for which the on‑board computer diagnostic test specified in subsection (h) of this Section can be performed. All other elements of the inspection required for such vehicles shall be performed in accordance with the provisions of this Section.
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(B) The on‑board computer diagnostic test shall
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not be a required element of the inspection mandated by this Section for such vehicles for which on‑board computer diagnostic testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations, or for vehicles with known on‑board diagnostic communications or software problems, as determined by the Agency. In such cases, all other elements of the inspection required under this Section shall be performed on such vehicles, including the exhaust gas analysis as specified in subsection (b) of this Section.
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(e) The exhaust gas analysis shall consist of a test of an exhaust gas
sample to determine whether the quantities of exhaust gas pollutants emitted
by the vehicle meet the standards set for vehicles of that type under Section
13B‑20. A vehicle shall be deemed to have passed this portion of the
inspection if the evaluation of the exhaust gas sample indicates that the
quantities of exhaust gas pollutants emitted by the vehicle do not exceed the
standards set for vehicles of that type under Section 13B‑20 or an inspector
certifies that the vehicle qualifies for a waiver of the exhaust gas pollutant
standards under Section 13B‑30.
(f) The evaporative system integrity test shall consist of a procedure to
determine if leaks exist in all or a portion of the vehicle fuel evaporation
emission control system. A vehicle shall be deemed to have passed this test
if it meets the criteria that the Board may adopt for an evaporative system
integrity test.
(g) The evaporative system purge test shall consist of a procedure to verify
the purging of vapors stored in the evaporative canister. A vehicle shall be
deemed to have passed this test if it meets the criteria that the Board may
adopt for an evaporative system purge test.
(h) The on‑board computer diagnostic test shall consist of accessing the
vehicle's on‑board computer system, if so equipped, and reading any stored
diagnostic codes that may be present. The vehicle shall be deemed to have
passed this test if the codes observed did not exceed standards set for
vehicles of that type under Section 13B‑20.
(Source: P.A. 92‑682, eff. 7‑16‑02 .)
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(625 ILCS 5/13B‑30)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑30.
Waivers.
(a) The Agency shall certify that a vehicle that has failed a vehicle
emission retest qualifies for a waiver of the emission inspection standards if
the following criteria are met:
(1) The vehicle has received all repairs and
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adjustments for which it is eligible under any emission performance warranty provided under Section 207 of the federal Clean Air Act.
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(2) The Agency determines by normal inspection
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procedures that the vehicle's emission control devices are present and appear to be properly connected and operating.
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(3) Consistent with Title 40, Section 51.360 of the
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Code of Federal Regulations, for vehicles required to be tested under this Chapter, a minimum expenditure of at least $450 in emission‑related repairs exclusive of tampering‑related repairs have been made.
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(4) Repairs for vehicles of model year 1981 and
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later are conducted by a recognized repair technician.
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(5) Evidence of repair is presented consisting of
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either signed and dated receipts identifying the vehicle and describing the work performed and amount charged for eligible emission‑related repairs, or an affidavit executed by the person performing the eligible emission related repairs.
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(6) The repairs have resulted in an improvement in
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vehicle emissions as determined by comparison of initial and final retest results.
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(b) The Agency may issue an emission inspection
certificate to vehicles failing a transient loaded mode emission retest if a
complete documented physical and functional diagnosis and inspection shows that
no additional emission‑related repairs are needed. This diagnostic inspection
must be performed by the Agency or its designated agent and shall be available
only to motorists whose vehicle was repaired by a recognized repair
technician.
(c) The Agency may extend the emission inspection certificate expiration
date by one year upon receipt of a petition by the vehicle owner that needed
repairs cannot be made due to economic hardship. Consistent with Title 40,
Section 51.360 of the Code of Federal Regulations, this extension may be
granted more than once during the life of the vehicle.
(d) The Agency shall propose procedures, practices, and performance
requirements for operation of vehicle scrappage programs by any person that
wants to receive credits for certain emissions reductions from these vehicles.
The proposal shall include the method of vehicle selection, testing of vehicle
emissions, documentation of annual vehicle miles traveled, determination of
emissions, and determination of emissions reductions credits. Any applicable
guidance available from the United States Environmental Protection Agency
regarding these programs shall also be considered by the Agency. Within 180
days after the Agency files this proposal, the Board shall adopt rules for
vehicle scrappage programs. Subsection (b) of Section 27 of the Environmental
Protection Act and the rulemaking provisions of the Illinois Administrative
Procedure Act shall not apply to rules adopted by the Board under this
subsection (d).
(e) The Agency may adopt procedures to purchase vehicles for scrap that are
unable to meet emission inspection standards and for which motorists provide a
signed estimate from a recognized repair technician that the cost of
emission‑related repairs is expected to exceed an amount equal to one‑half of
the current minimum expenditure required in item (3) of subsection (a) of this
Section. If the Agency adopts such procedures, they must be included in the
vehicle scrappage programs in subsection (d). Such procedures shall require
the Agency to arrange for private sector funding for the purchase of at least
90% of the vehicles which will be purchased for scrap.
(f) The Agency may issue an emission inspection certificate for
vehicles subject to inspection under this Chapter that are located and
primarily used in an area subject to the vehicle emission inspection
requirements of another state. Emission inspection certificates shall be issued
under this subsection only upon receipt by the Agency of evidence that the
vehicle has been inspected and is in compliance with the emission inspection
requirements and standards applicable in the state or local jurisdiction where
the vehicle is being used.
(Source: P.A. 90‑475, eff. 8‑17‑97 .)
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(625 ILCS 5/13B‑40)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑40.
Grievance and damage claim requirements and procedures.
(a) Emissions inspection and waiver denial grievance procedures. Any person aggrieved by a
decision regarding the failure of an emissions test or the denial of a waiver
may file a petition with the Agency within 30 days after the decision was made,
and the Agency shall thereupon investigate the matter. Within 45 days after its
receipt of the petition, the Agency shall submit to the petitioner and any
affected inspector or station its written determination of the correctness or
incorrectness of the decision complained of. The written determination shall
include a statement of the facts relied upon and the legal and technical issues
decided by the Agency in making its determination, and may also include an
order directing the inspector (i) to issue an emission inspection certificate
for the vehicle effective on such date as the Agency may specify, (ii) to
reinspect the vehicle, (iii) to apply the standards that the Agency has
determined to be applicable, or (iv) to take any other action that the Agency
deems to be appropriate. In conducting the investigation, the Agency may
require the petitioner to present the vehicle for inspection by the Agency or
its designated agent. The written determination of the Agency shall be subject
to review in circuit court in accordance with the provisions of the
Administrative Review Law, except that no challenge to the validity of a rule
adopted by the Board under subsection (a) of Section 13B‑20 shall be heard by
the circuit court if the challenge could have been raised in a timely petition
for review under Section 13B‑20.
(b) Vehicle damage claim requirements and procedures.
(1) The contractor shall make vehicle damage claim
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forms authorized by the Agency available for vehicle owners in sufficient quantities at all official inspection stations.
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(2) Notice of the vehicle damage claim procedures
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and the vehicle owner's rights in relation to a vehicle damage claim shall be conspicuously posted at all official inspection stations.
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(3) If a vehicle owner believes that his or her
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vehicle was damaged by an act or omission of the contractor during or as a result of an emissions inspection performed on or after August 1, 2002, the owner may initiate resolution of the damage claim under this subsection by complying with the following:
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(A) Within 30 days of the date of the vehicle
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emissions inspection that allegedly caused the vehicle damage, the vehicle owner shall submit a vehicle damage claim to the contractor at the Official Inspection Station at which the vehicle damage allegedly occurred.
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(B) Within 30 days of filing the claim, the
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owner shall submit to the contractor any relevant information relating to the owner's claim for vehicle damage, including but not limited to evaluations conducted by a claims evaluation center or automotive repair shop meeting standards prescribed by the Agency.
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(4) The contractor shall promptly notify the Agency
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of each vehicle damage claim received by the contractor under subdivision (b)(3) and shall forward to the Agency any additional information provided by the owner.
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(5) Within 60 days after the filing of a vehicle
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damage claim, the contractor shall notify the vehicle owner of its proposed resolution of the damage claim.
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(6) Within 30 days after receiving the contractor's
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proposed resolution of the damage claim, the owner may petition the Agency for a review of the adequacy and completeness of the contractor's proposed resolution. The petition shall be in a form specified by the Agency.
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(7) Upon receiving a petition for review, the Agency
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shall request the contractor to deliver to the Agency a copy of the contractor's proposed resolution of the damage claim, together with all documents, videotapes, and information relevant to the damage claim and the proposed resolution. The contractor shall provide the requested materials to the Agency within 15 days of receiving the Agency's request.
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(8) Within 30 days after receiving the relevant
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materials from the contractor, the Agency shall review the materials and determine whether the contractor's proposed resolution of the damage claim is adequate and complete. The Agency may deem the proposed resolution of the damage claim to be adequate and complete. If the Agency does not deem the proposed resolution of the damage claim to be adequate and complete, it may request the contractor to further investigate and evaluate the damage claim and resubmit its proposed resolution of the claim. The contractor shall then have 30 days to respond in writing to the Agency with the results of its further evaluation of the damage claim and its proposed resolution.
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(9) The Agency shall notify the vehicle owner in
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writing of the result of its review of the adequacy and completeness of the contractor's proposed resolution of the damage claim. Copies of all correspondence between the Agency and the contractor relating to the damage claim shall also be sent to the vehicle owner.
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(10) If, after the Agency's review, the vehicle
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owner still does not agree with all or a portion of the proposed resolution of the damage claim by the contractor, the vehicle owner may further pursue the damage claim through the binding arbitration process established by the contractor and accepted by the Agency, or in circuit court.
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(11) The Agency's review of the adequacy and
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completeness of the contractor's proposed resolution of a damage claim is not binding upon the vehicle owner or the contractor and does not affect the rights of the vehicle owner or the contractor under law. The Agency's review of the adequacy and completeness of the contractor's proposed resolution of a damage claim is not a final action subject to administrative review and is not subject to review by the Pollution Control Board or otherwise appealable.
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(Source: P.A. 92‑821, eff. 8‑21‑02 .)
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(625 ILCS 5/13B‑45)
(Section scheduled to be repealed on July 1, 2007)
Sec. 13B‑45.
Contracts.
(a) The Agency may enter into contracts with one or more responsible parties
to construct and operate official inspection stations, provide and maintain
approved test equipment, administer tests, certify results, issue emission
inspection stickers or certificates, maintain records, train personnel, or
provide information to the public concerning the program.
These contracts (i) shall be subject to the Illinois Purchasing Act, (ii) may
be for a term of up to 9 years, (iii) shall be in writing, and (iv) shall not
take effect until a copy of the contract is filed with the State Comptroller.
(b) In preparing its proposals for bidding by potential contractors, the
Agency shall endeavor to include provisions relating to the following factors:
(1) The demonstrated financial responsibility of the
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(2) The specialized experience and technical
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competence of the potential contractor in connection with the type of services required and the complexity of the project.
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(3) The potential contractor's past record of
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performance on contracts with the Agency, with other government agencies or public bodies, and with private industry, including such items as cost, quality of work, and ability to meet schedules.
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(4) The capacity of the potential contractor to
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perform the work within the time limitations.
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(5) The familiarity of the potential contractor with
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the types of problems applicable to the project.
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(6) The potential contractor's proposed method to
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accomplish the work required including, where appropriate, any demonstrated capability of exploring and developing innovative or advanced techniques and methods.
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(7) Avoidance of personal and organizational
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conflicts of interest prohibited under federal, State, or local law.
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(8) The potential contractor's present and prior
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involvement in the community and in the State of Illinois.
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(c) Any contract for the operation of one or more official inspection
stations shall include a provision that the contractor shall not perform
emission‑related repairs or adjustments to vehicles, other than to the
contractor's own vehicles, necessary to enable vehicles to pass Illinois
emission inspections.
(Source: P.A. 88‑533 .)
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