Ill. Admin. Code tit. 92 § 451.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 451.140 - Certificate of Safety

a) Certificates of Safety shall be affixed to second division vehicles and applicable first division vehicles (i.e., rebuilt vehicles and driver education training cars) as a result of passing the prescribed safety test (see Section 451.Appendices A, B, C, D and 92 Ill. Adm. Code 396 and 448 for testing procedures).

b) Certificates of Safety remain the property of the State of Illinois and can be seized when Official Testing Stations are in violation of this Part.

c) Certificates of Safety at Public and Private Official Testing Stations shall be subject to inspection by Department personnel at any time listed in Section 451.70(1)(1)(B).

d) Certificates of Safety shall comply with the following physical description:

1) Change color with every six month testing cycle (except rebuilt vehicle and interstate (annual) certificates);

A) Rebuilt vehicle certificates never change color. They are issued only once.

B) Interstate (annual) certificates change color every year.

2) Display on front side the State of Illinois seal;

3) Measure 3 x 23/4 inches;

4) Display on front side a serial number which shall be unique to the Certificate and begin with one of the following codes "TRK" (for truck), "TRL" (for trailer), "SHB" (for school bus), or "RBV" (for rebuilt vehicle); Note: Interstate (annual) certificates begin with TRK or TRL.

5) Display on back side an area where required information shall be inserted by the CST (except trailer certificates); and

6) Display on front side an area where the numerical insert decal identifying the expiration month (except rebuilt vehicle certificates).

e) Except as authorized by the Department, no person shall duplicate, alter, reproduce, manufacture, or create by any manner or means, a Certificate of Safety or facsimile thereof.

f) Certificates of Safety expire at midnight on the last day of the month indicated by the large numerical insert applied on the individual Certificate (i.e., no grace period).

g) School buses are required to be inspected at least every six months or 10,000 miles, whichever occurs first. (Section 13-109 of the Illinois Vehicle Inspection Law) School bus Certificates of Safety expire at midnight on the last day of the month indicated by the large numerical insert applied on the certificate or when the odometer reading on the bus exceeds the mileage found on the mileage inspection due line on the back of the Certificate of Safety.

h) No Station Owner or CST shall issue, nor shall any person accept, obtain or attempt to obtain a Certificate of Safety for a vehicle which has not completely passed a safety test as described in Section 451.Appendices A through D and 92 Ill. Adm. Code 396 and 448.

1) Possession by a vehicle owner or operator of a Certificate of Safety which is not firmly affixed to a vehicle, or is affixed in any other location than the prescribed location, shall be prima facie evidence of obtaining a Certificate of Safety without a proper safety test. Possession of such Certificate of Safety indicates the CST did not perform a proper safety test.

2) If as the result of an Administrative Hearing or the filing of a voluntary waiver of hearing and a plea of guilty, the Secretary of the Department makes a determination of a defendant's guilt, each Certificate of Safety involved in the action will be confiscated immediately by personnel of the Department from any person possessing illegally obtained Certificate(s) or from any vehicle displaying illegally obtained Certificate(s).

3) The Department assumes no liability for the cost of reinspection of a vehicle from which a Certificate has been confiscated.

4) Each Certificate of Safety illegally issued or illegally obtained shall be a separate, distinct violation of this Part.

i) Each Certificate of Safety issued by the Station must be accounted for on the appropriate corresponding Vehicle Inspection Report.

j) The Certificate of Safety shall be issued at the Station. The Certificate shall be affixed by the CST in the correct six month or annual cycle and in numerical sequence, starting with the lowest serial number and proceeding in strict ascending order through the highest serial number. Such numerical progression shall be directly related to the passage of time and date of tests performed.

k) The numerical insert decal applied to the Certificate of Safety shall correspond to the date of the original test, or retest, and the month of expiration.

l) Truck, school bus and rebuilt vehicle Certificates of Safety shall be written upon only as prescribed by the Department. The backside of the Certificate of Safety shall be completed by the CST as prescribed before the Certificate of Safety is affixed to the vehicle. The following information must be completed on the backside of the corresponding Certificate of Safety:

1) Truck - license plate number and CST signature.

2) School Bus - date of inspection, mileage inspection due and CST signature.

3) Rebuilt - date of inspection and CST signature.

m) No Station shall borrow, purchase or receive any Certificates of Safety from another Station. No Station shall lend, sell, or give any Certificates of Safety to another Station. All Certificates of Safety must be received from the CVSS or authorized personnel of the Department.

n) Any second division vehicle which is exempted by Section 13-101 of the Illinois Vehicle Inspection Law may be safety tested if the vehicle owner so wishes and a Certificate of Safety may be issued provided the vehicle passes the appropriate safety test.

o) Certificates of Safety shall be applied as follows:

1) Vehicles with windshields - As close as possible to the extreme bottom of the windshield glazing in line with the steering column on the left side of the vehicle.

2) Vehicles without windshields - Directly to the exterior surface of the vehicle. This surface must be a permanent part of the vehicle. The Certificate of Safety shall be affixed to the left side of the vehicle at the lower corner of the leading edge of the vehicle above the "bump rail." If no permanent part of the body exists, the Certificate of Safety shall be affixed to the "bump rail." The surface of the Certificate of Safety must face at approximately ninety degrees from the body of the vehicle.

3) Rebuilt trailers and motorcycles (without windshields) - Staple the Certificate of Safety to the driver's blue copy of the VIR.

p) Certificates of Safety become void if removed from the vehicle. Any voided Certificates cannot be reaffixed to the same vehicle or a different vehicle.

q) If the original Certificate of Safety is mutilated, destroyed or voided within sixty days of the original test due to the replacement of the vehicle windshield, the vehicle owner shall immediately return the vehicle to the original issuing Station.

1) The original Station shall issue a replacement Certificate without additional charge, provided the vehicle owner returns the original Certificate displaying a complete serial number.

2) If the vehicle owner is not able to furnish the old Certificate to the Station or if the Certificate does not display a complete serial number, a Certificate fee shall be charged for the replacement Certificate.

3) A police report shall be presented to the Station Owner by the driver of a vehicle who requests a replacement for a lost or stolen Certificate of Safety. This report should be attached to the Station's copy of the VIR and filed in the appropriate place.

r) If the original Certificate is mutilated, destroyed or voided and if more than sixty days has elapsed since the original test, a complete inspection shall be performed.

s) Certificates of Safety shall be issued to the Official Testing Station by the CVSS only after the appropriate fee to pay for the order has been received. A credit balance may be used to pay for an order.

t) Certificates of Safety fees authorized by Section 13-110(b) of the Illinois Vehicle Inspection Law shall be paid to: TREASURER, STATE OF ILLINOIS, by the Official Testing Station for each Certificate issued. The Station shall only charge the authorized Certificate of Safety fee when issuing a certificate.

u) The Station Owner shall authorize the signatures of two employees to request Certificates of Safety on the prescribed order form.

1) All requests for Certificates, both original and reorder, shall be submitted on the preprinted order form, telegram or reorder form.

2) Each request shall include the Station number, name, complete address; quantity, type and cycle of Certificates being ordered; name of person submitting order; and funds to cover the cost of the order (unless Station has a credit balance to pay for the order).

v) The following procedures shall be followed when ordering or reordering Certificates of Safety for emergency purposes:

1) Send telegram and funds (unless Station has a credit balance) to cover cost of order to:

Illinois Department of Transportation

Commercial Vehicle Safety Section

3215 Executive Park Drive

Springfield, Illinois 62703

2) The order or reorder for Certificates must include the following information:

A) Complete OTS number (four digits);

B) Complete name of Official Testing Station;

C) Address of Official Testing Station;

D) Full name of person sending telegram;

E) Telephone number of OTS;

F) Type (i.e., intrastate (semiannual) truck or trailer, interstate (annual) truck or trailer, school bus, or rebuilt);

G) Number of Certificates requested; and

H) Cycle number of Certificates needed.

3) Certificate orders or reorders may be picked up by authorized personnel presenting a completed order and the appropriate funds to:

Illinois Department of Transportation

Commercial Vehicle Safety Section

3215 Executive Park Drive

Springfield, Illinois 62703

4) Orders can be transmitted through the Commercial Vehicle Safety Section's (CVSS) facsimile machine. The telephone number to reach the CVSS facsimile machine is 217/782-9159.

w) Certificates of Safety from the same cycle must be ordered on the same requisition form. A "cycle" is defined as the periods of January through June, July through December or for interstate vehicles. If Certificates of Safety are needed for more than one cycle, a separate requisition form must be used.

x) The Station Owner shall immediately return a signed receipt to the CVSS for all Certificates of Safety delivered to his Station. Delivery of Certificates of Safety cannot be made to any address other than that of the Official Testing Station unless prior written approval has been made by the CVSS. If a station owner requests that the Certificates of Safety be delivered to his home address or the home address of a designated employee, the CVSS will approve the delivery.

y) Inventory requirements for Official Testing Station:

1) The Official Testing Station must maintain a supply of Certificates of Safety and numerical insert decals to issue to both originally tested vehicles and vehicles returning for retest.

2) If the original Official Testing Station does not have a supply of Certificates of Safety to issue to a rejected vehicle being returned for retest, the test fee shall be refunded to the vehicle owner.

z) Certificates of Safety shall be stored in a locked safe or other locked place within the Official Testing Station. Only written authorization from the CVSS shall permit storage of the Certificates of Safety for security purposes at another location.

aa) Procedures required for the reporting of lost or stolen Certificates of Safety:

1) The Station Owner shall immediately notify the police agency in the jurisdiction where the Station is located of the loss or theft of any Certificates of Safety.

2) The Station Owner shall then notify the CVSS without delay by telephone (217/782-2920) giving Station name, number, and address; the series and serial numbers of the Certificates that were lost or stolen; and the name of the person reporting the loss.

3) The Station Owner shall complete the prescribed SVI-1241-1&2 Form. The Administrator's copy is to be mailed to the CVSS. The Station's copy is to be retained in the Station's eighteen month file.

4) Credit will not be issued for either Certificates lost while in transit from the Station to the CVSS or those which are stolen from the Station. It is the responsibility of the OTS owner to file a claim with the appropriate party.

bb) All unused Certificates of Safety from the preceding test cycle shall be returned during the first ten days of a new cycle. The complete OTS number must be written on the back cover of each returned booklet of Certificates. For all unused Certificates of Safety returned (without inserts applied), an equal amount of the fee paid shall be credited to the Official Testing Station's account. This credit may be used to offset the cost of future orders.

cc) If defective, mutilated, or voided (due to replacement of windshield) Certificates are being returned, a completed SVI-1280 is to be submitted to the CVSS with the necessary information. An amount equal to the fee paid shall be credited to the Station for each returned defective, mutilated or voided Certificate. Each Certificate returned must clearly display a complete serial number and must be less than sixty days old.

dd) When an Official Testing Station permanently closes, the owner shall submit a written request to the CVSS in order to obtain any refund monies due the Station. The refund will cover all Certificates previously returned for credit. The request must include the owner's social security number or federal employer's tax number.

ee) When Certificates of Safety are returned to the CVSS, they shall be sent by certified mail.

Ill. Admin. Code tit. 92, § 451.140

Amended at 17 Ill. Reg. 12839, effective July 27, 1993