"Administrative Hearing" - Proceedings in which witnesses are heard, evidence is presented, and testimony is taken relative to:
Citation/Complaints issued by the Department to Official Testing Station personnel for alleged violation of Section 13-100 et seq. of the Illinois Vehicle Inspection Law or of this Part.
Petitions presented by Official Testing Station owners for approval of testing fee schedules.
Petitions presented by Official Testing Station owners or applicants for reconsideration of revocation or denial of their Station Permits.
"Appendix G" Inspection - Testing procedures established by US DOT in 49 CFR, Ch. III, Subchapter B. The Department has adopted these procedures pursuant to Section 13-101 of the Illinois Vehicle Inspection Law for trucks, truck tractors, trailers, semitrailers and buses except school buses, religious organization buses, buses registered as charitable vehicles, tow trucks, senior citizen transport buses, buses designed to transport 11-15 persons and limousines.
"Applicant" - Any individual owner, partners, authorized agent of a corporation, or lessee applying for an Official Testing Station Permit.
"Authorized Inspection Equipment" - Those testing and measuring devices approved by the Department's Commercial Vehicle Safety Section for applicable Official Testing Station's (refer to Section 451.20(d) for applicability) test procedures. (See Section 451.Appendix F for approved list.)
"Body" - Portion of vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" - Completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" - Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat. 1991, ch. 951/2, par. 1-107) [625 ILCS 5/1-107 ])
"Certificate of Safety" - The authorized visible symbol furnished by the Department's Commercial Vehicle Safety Section to an Official Testing Station which is to be directly affixed by a Certified Safety Tester to a vehicle which meets the minimum prescribed safety standards established by the Department's Commercial Vehicle Safety Section (see Section 451.Appendices A, B, C, and D, and 92 Ill. Adm. Code 396 and 448 for procedures).
"Certified Safety Tester" (CST) - An individual who has passed a written exam and has demonstrated proficiency in the operation of authorized safety test equipment (if applicable, refer to Section 451.20(d) for applicability) and has been issued evidence and authority by the Department.
"Certified Safety Tester Certificate" - Evidence issued by the Department to a Certified Safety Tester granting the individual named thereon the privilege and authority to test vehicles.
"Chassis" - Every frame or supportive element of a school bus that contains but is not limited to the axles, engine, drive train, steering components, and suspension which the body is attached to. (Section 1-110.1 of the Code)
"Citation/Complaint" - A formal statement charging that an act of commission or omission constituting a violation of Section 13-100 et seq. of the Illinois Vehicle Inspection Law or this Part was committed by Official Testing Station personnel. The Citation and Complaint will also contain an official summons to appear or otherwise plead, as well as a statement of the relief sought by the Department.
"Code" - The Illinois Vehicle Code (Ill. Rev. Stat. 1991, ch. 951/2, pars. 1-100 et seq.) [625 ILCS 5/1-100 et seq.].
"Commercial Driver Training Car" - Any commercial vehicle or vehicle of the second division used in the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit. Vehicles owned by public schools or educational institutions are exempt from inspection. (Section 6-401 of the Code)
"Commercial Vehicle Safety Section" (CVSS) - A section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.
"Department" - The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. (Section 13-100 of the Illinois Vehicle Inspection Law.)
"Designated Testing Area" - An area clearly defined by perimeter lines within the Official Testing Station where Appendix G inspections are performed.
"Director" - The Director of the Division of Traffic Safety for the Illinois Department of Transportation.
"Division" - Division of Traffic Safety for the Illinois Department of Transportation.
"Empty Weight" - Unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"Federal Motor Vehicle Safety Standards" (FMVSS) - The rules, regulations and standards set forth in 49 CFR 571.
"Illinois Vehicle Equipment Law" - Ill. Rev. Stat. 1991, ch. 951/2, pars. 12-100 et seq. [625 ILCS 5/12-100 et seq.].
"Illinois Vehicle Inspection Law" - Ill. Rev. Stat. 1991, ch. 951/2, pars. 13-100 et seq. [625 ILCS 5/13-100 et seq.].
"Incomplete Vehicle" - An assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations (other than the addition of readily attachable components such as mirrors or tire and rim assemblies or minor finishing operations, such as painting) to become a completed vehicle for use in Illinois.
"Lane" - An area clearly defined by perimeter lines within the building of an Official Testing Station within which all authorized safety test equipment is installed or located and within which all special category and school bus safety tests and retests shall be conducted.
"Manufacturer" - (unless otherwise indicated at the point of use) means the person or organization whose name follows: "MANUFACTURED BY" or "MFD BY" on the federal and state certification label.
"Newton" (N) - Metric unit of force and weight. N = mass multiplied by the standard acceleration of free fall or "gravity" (i.e., 9.8 ).
"Official Records" - Those forms furnished by the Department's Commercial Vehicle Safety Section which have been completed incidental to the operation of an Official Testing Station.
"Official Testing Station(s)" (the Station or OTS) - All contiguous real and personal property which houses the testing lane(s) (if required) (refer to Section 451.70(1) for requirement) and any and all equipment (if applicable) (refer to Section 451.20(d) for applicability) and supplies relating to the safety testing of vehicles. Official Testing Stations are classified as either public or private. Public stations are open to the public and are classified as either A, B, B1, B2, C or D OTS (refer to Section 451.110(b) for classification requirements). Private stations are established by companies for the purpose of inspecting vehicles which are owned or operated by the company. Private stations are not open to the public and are always classified as "P" OTS.
"Official Testing Station Permit" (Permit) - Evidence issued by the Commercial Vehicle Safety Section granting the owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in the Section 13-103 of the Illinois Vehicle Inspection Law and this Part.
"Owner" - Any individual, partners, authorized agent of a corporation, lessee, or other person in whose name an Official Testing Station Permit has been issued. Such person(s) shall be responsible for the lawful operation of the Station's safety test program.
"Part" - The regulations contained in this document which are located at 92 Ill. Adm. Code 451.
"Passenger" - Every occupant of the vehicle who is not the driver.
"Purchase Date" - Date when purchase transaction was completed, not when body or chassis was built.
"Rebuilt/Salvage Vehicle" - A vehicle for which a salvage certificate has been issued and which subsequently has been put back into its original or operating condition by a licensed rebuilder and which has met all the requirements of a salvage vehicle inspection. (Section 1-168.1 of the Code)
"Rejected Vehicle" - A vehicle which failed to pass the safety test and which was not issued a Certificate of Safety.
"Safety Test" - Inspection of vehicles and components required to be tested by the Illinois Vehicle Equipment Law, the Illinois Vehicle Inspection Law and this Part.
"School Bus" -
Type I School Bus - A School Bus withagross vehicle weight rating of more than 10,000 pounds.
Type II School Bus - A School Bus withagross vehicle weight rating of 10,000 pounds or less. (Section 12-800 of the Illinois Vehicle Equipment Law)
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division. (Section 1-182 of the Code)
"Secretary" - Secretary of the Illinois Department of Transportation.
"Special Category Vehicle (SCV)" - Driver education training cars, medical transport vehicles, rebuilt (salvage) vehicles, religious organization buses, buses registered as charitable vehicles, senior citizen transport vehicles, tow trucks, buses designed to transport 11-15 persons, including the driver, and limousines.
"Special Education School Buses" - Vehicles constructed to transport children with special needs which require the alteration of specific component requirements (i.e., ramps, lifts, wheelchair accommodations).
"Station" - See "Official Testing Station."
"Supplies" - All items issued to an Official Testing Station by the Commercial Vehicle Safety Section. All supplies remain the property of the Commercial Vehicle Safety Section.
"Vehicle" -
First Division: Those motor vehicles which are designed for the carrying of not more than ten persons.
Second Division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)
Ill. Admin. Code tit. 92, § 451.15
Section 451.50 renumbered to Section 451.15 and amended at 17 Ill. Reg. 12839, effective July 27, 1993