TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE H: NOISE
1. CHAPTER I: POLLUTION CONTROL BOARD

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE H: NOISE

CHAPTER I: POLLUTION CONTROL BOARD

PART 902

SOUND EMISSION STANDARDS AND LIMITATIONS FOR MOTOR

VEHICLES

SUBPART A: EQUIPMENT STANDARDS APPLICABLE TO ALL MOTOR

VEHICLES

Section

902.101 Exhaust System

902.102 Tires

SUBPART B: OPERATIONAL STANDARDS

Section

902.120

Standards Applicable to all Passenger Cars and to Other Motor Vehicles

with GVW of 8,000 Pounds or Less

902.121

Standards Applicable to Motor Vehicles with GVW in Excess of 8,000

Pounds

902.122

Standards Applicable to Motorcyles and Motor Driven Cycles

902.123

Exception for and Standards Applicable to Motor Carriers Engaged in

Interstate Commerce with Respect to Operations Regulated Pursuant to the

Federal Noise Control Act of 1972

902.124

Horns and Other Warning Devices

902.125 Tire Noise

SUBPART C: EXCEPTIONS AND COMPLIANCE DATES FOR PART 902

Section

902.140 Exceptions

902.141 Compliance Dates

APPENDIX A

OLD RULE NUMBERS REFERENCED

AUTHORITY: Implementing Section 25 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1025 and 1027).

SOURCE: Originally filed as Part 3 of Chapter 8: Noise Pollution, effective May 31,

1977; codified at 7 Ill. Reg. 13579.

SUBPART A: EQUIPMENT STANDARDS APPLICABLE TO ALL MOTOR

VEHICLES

Section 902.101 Exhaust System

No person shall operate or cause or allow the operation of a motor vehicle on a public

right of way unless it is at all times equipped with an adequate muffler or other sound

dissipative device which is:

a) In constant operation and properly maintained to prevent any excessive or

unusual noise;

b) Free from defects which affect sound reduction; and

c) Not modified in a manner which will amplify or increase the noise of such

muffler or other sound dissipative device above that emitted by the

muffler originally installed on the vehicle so as to produce excessive or

unusual noise.

Section 902.102 Tires

No person shall operate or cause or allow the operation of a motor vehicle with one or

more tires having a tread pattern which is composed primarily of cavities in the tread

(excluding sipes and local chunking) which are not vented by grooves to the tire shoulder

or circumferentially to each other around the tire.

SUBPART B: OPERATIONAL STANDARDS

Section 902.120 Standards Applicable to all Passenger Cars and to Other

Motor Vehicles with GVW of 8,000 Pounds or Less

a) This rule shall apply to all passenger cars regardless of weight and to other

motor vehicles with a gross vehicle weight of 8,000 pounds or less, except

motorcycles and motor driven cycles.

b) No person shall operate or cause or allow the operation of a motor vehicle

subject to this rule at any time under any conditions of highway grade,

load, acceleration or deceleration in such a manner as to exceed the

following limits:

1) On highways with speed limits of 35 miles per hour or less, 74

dB(A), or 76 dB(A) when operating on a grade exceeding 3%,

measured with fast meter response at 50 feet from the centerline of

lane of travel, or an equivalent sound level limit measured in

accordance with procedures established under 35 Ill. Adm. Code

900.103;

2) On highways with speed limits of more than 35 miles per hour, 82

dB(A), or 85 dB(A) if the vehicle is equipped with two or more

snow or mud/snow tires, measured with fast meter response at 50

feet from the centerline of lane of travel, or an equivalent sound

level limit measured in accordance with procedures established

under 35 Ill. Adm. Code 900.103.

Section 902.121 Standards Applicable to Motor Vehicles with GVW in Excess of

8,000 Pounds

a) This rule shall apply to motor vehicles with a gross vehicle weight in

excess of 8,000 pounds, except passenger cars.

b) No person shall operate or cause or allow the operation of a motor vehicle

subject to this rule at any time under any conditions of highway grade,

load, acceleration or deceleration in such a manner as to exceed the

following limits:

1) On highways with speed limits of 35 miles per hour or less, 86

dB(A), measured with fast meter response at 50 feet from the

centerline of lane of travel, or an equivalent sound level limit

measured in accordance with procedures established under 35 Ill.

Adm. Code 900.103;

2) On highways with speed limits of more than 35 miles per hour, 90

dB(A), measured with fast meter response at 50 feet from the

centerline of lane of travel, or an equivalent sound level limit

measured in accordance with procedures established under 35 Ill.

Adm. Code 900.103.

c) No person shall operate or cause or allow the operation of a motor vehicle

subject to this rule, powered by an engine with engine speed governor,

which generates a sound level in excess of 88 dB(A) measured with fast

meter response at 50 feet from the longitudinal centerline of the vehicle or

an equivalent sound level limit measured in accordance with procedures

established under 35 Ill. Adm. Code 900.103, when that engine is

accelerated from idle with wide open throttle to governed speed with the

vehicle stationary, transmission in neutral, and clutch engaged.

Section 902.122 Standards Applicable to Motorcycles and Motor Driven Cycles

a) This rule shall apply to all motorcycles and motor driven cycles.

b) No person shall operate or cause or allow the operation of a motor vehicle

subject to this rule at any time or under any conditions of highway grade,

load, acceleration or deceleration in such a manner as to exceed the

following limits:

1) On highways with speed limits of 35 miles per hour or less, 80

dB(A), or 82 dB(A) when operating on a grade exceeding 3%,

measured with fast meter response at 50 feet from the centerline of

lane of travel, or an equivalent sound level limit measured in

accordance with procedures established under 35 Ill. Adm. Code

900.103;

2) On highways with speed limits of more than 35 miles per hour, 86

dB(A), measured with fast meter response at 50 feet from the

centerline of lane of travel, or an equivalent sound level limit

measured in accordance with procedures established under 35 Ill.

Adm. Code 900.103.

Section 902.123 Exception for and Standards Applicable to Motor Carriers

Engaged in Interstate Commerce with Respect to Operations

Regulated Pursuant to the Federal Noise Control Act of 1972

a) Applicability

1) After the effective date of the federal standards contained in 40

CFR Part 202, this rule shall apply to motor carriers engaged in

interstate commerce with respect to noise emissions regulated by

such federal standards. Motor carrier operations determined

pursuant to 35 Ill. Adm. Code 900.104 to be governed by this rule

shall be excepted from Section 902.101, 902.102 and 902.121.

2) This rule shall apply to motor carriers with respect only to the

operation of those motor vehicles of such carriers which have a

gross vehicle weight rating or gross combination weight rating in

excess of 10,000 pounds, and only when such motor vehicles are

operated under the conditions specified below.

3) Except as provided in subparagraph (4) of this paragraph (a), this

rule shall apply to the total sound produced by such motor vehicles

when operating under the specified conditions, including the sound

produced by auxiliary equipment mounted on such motor vehicles.

4) This rule shall not apply to auxiliary equipment which is normally

operated only when the transporting vehicle is stationary or is

moving at a speed of 5 miles per hour or less. Examples of such

equipment include, but are not limited to, cranes, asphalt

spreaders, ditch diggers, liquid or slurry pumps, air compressors,

welders, and refuse compactors.

b) Equipment Standards

1) Visual exhaust system inspection

No motor carrier subject to this rule shall operate any motor

vehicle of a type with respect to which this rule is applicable

unless the exhaust system of such vehicle is:

A) Equipped with a muffler or other noise dissipative device;

B) Free from defects which affect sound reduction; and

C) Not equipped with any cutout, bypass or similar device.

2) Visual tire inspection

No motor carrier subject to this rule shall operate any motor vehicle

of a type with respect to which this rule is applicable on a tire or

tires having a tread pattern which as originally manufactured, or as

newly retreaded, is composed primarily of cavities in the tread

(excluding sipes and local chunking) which are not vented by

grooves to the tire shoulder or circumferentially to each other

around the tire. This subparagraph (2) shall not apply to any motor

vehicle which is demonstrated by the motor carrier which operates

it to be in compliance with the noise emission standard specified in

paragraph (c) of this rule for operation on highways with speed

limits of more than 35 miles per hour, if the demonstration is

conducted at the highway speed limit in effect at the inspection

location or, if speed is unlimited, the demonstration is conducted at

a speed of 65 miles per hour.

c) Standards for Highway Operation

No motor carrier subject to this rule shall operate any motor vehicle of a

type with respect to which this rule is applicable and which at any time or

under any condition of highway grade, load, acceleration or deceleration

generates a sound level in excess of 86 dB(A) measured on an open site

with fast meter response at 50 feet from the centerline of lane of travel on

highways with speed limits of 35 miles per hour or less; or 90 dB(A)

measured on an open site with fast meter response at 50 feet from the

centerline of lane of travel on highways with speed limits of more than 35

miles per hour.

d) Standard for Operation under Stationary Test

No motor carrier subject to this rule shall operate any motor vehicle of a

type with respect to which this rule is applicable, and which is equipped

with an engine speed governor, which generates a sound level in excess of

88 dB(A) measured on an open site with fast meter response at 50 feet

from the longitudinal centerline of the vehicle, when its engine is

accelerated from idle with wide open throttle to governed speed with the

vehicle stationary, transmission in neutral, and clutch engaged.

e) Additional Definitions Applicable Only to this Rule

1) Common carrier by motor vehicle: any person who holds himself

out to the general public to engage in the transportation by motor

vehicle in interstate or foreign commerce of passengers or property

or any class or classes thereof for compensation, whether over

regular or irregular routes.

2) Contract carrier by motor vehicle: any person who engages in

transportation by motor vehicle of passengers or property in

interstate or foreign commerce for compensation (other than

transportation referred to in subparagraph (1) of this paragraph)

under continuing contracts with one person or a limited number of

persons either

A) for the furnishing of transportation services through the

assignment of motor vehicles for a continuing period of

time to the exclusive use of each person served or

B) for the furnishing of transportation services designed to

meet the distinct need of each individual customer.

3) Gross combination weight rating: the value specified by the

manufacturer as the loaded weight of a combination vehicle.

4) Gross vehicle weight rating: the value specified by the

manufacturer as the loaded weight of a single vehicle.

5) Interstate commerce: the commerce between any place in a State

and any place in another State or between places in the same State

through another State, whether such commerce moves wholly by

motor vehicle or partly by motor vehicle and partly by rail,

express, water or air. This definition of "interstate commerce" for

purposes of this rule is the same as the definition of "interstate

commerce" in Section 203(a) of the Interstate Commerce Act (49

U.S.C. Section 303(a)).

6) Motor carrier: a common carrier by motor vehicle, a contract

carrier by motor vehicle, or a private carrier of property by motor

vehicle, as those terms are defined by paragraphs (14), (15), and

(17) of Section 203(a) of the Interstate Commerce Act (49 U.S.C.

303(a)). The term "motor carrier" includes those entities which

own and operate the subject motor vehicles, but not the drivers

thereof, unless said drivers are independent truckers who both own

and drive their own vehicles.

7) Open site: an area that is essentially free of large sound-reflecting

objects, such as barriers, walls, board fences, signboards, parked

vehicles, bridges or buildings.

8) Private carrier of property by motor vehicle: any person not

included in terms "common carrier by motor vehicle" or "contract

carrier by motor vehicle", who transports in interstate or foreign

commerce by motor vehicle property of which such person is the

owner, lessee, or bailee, when such transportation is for sale, lease,

rent or bailment, or in furtherance of any commercial enterprise.

Section 902.124 Horns and Other Warning Devices

a) No person shall sound a horn when upon a highway, except when

reasonably necessary to insure safe operation. No person shall sound any

horn on any motor vehicle for an unreasonable period of time or in a

manner so as to circumvent enforcement of the operational standards

contained in this Subpart B.

b) No person shall sound any siren, whistle or bell of any motor vehicle

except as provided in Ill. Rev. Stat. 1981, ch. 95 1/2, par. 12-601(b).

Section 902.125 Tire Noise

No person shall operate a motor vehicle in such a manner as to cause or allow to be

emitted squealing, screeching or other such noise from the tires in contact with the

ground because of rapid acceleration or excessive speed around corners or other such

reason, except that noise resulting from emergency operation to avoid imminent danger

shall be exempt from this provision.

SUBPART C: EXCEPTIONS AND COMPLIANCE DATES FOR PART 902

Section 902.140 Exceptions

a) The standards and limitations of Part 902 shall not apply to:

1) any vehicle moved by human or animal powers;

2) any vehicle moved by electrical power;

3) any vehicle used exclusively upon stationary rails or tracks;

4) any farm tractor;

5) any antique vehicle, if licensed under Section 3-804 of the Illinois

Vehicle Code Ill. Rev. Stat. 1981, ch. 95 1/2, par. 3-804;

6) any snowmobile;

7) any special mobile equipment;

8) any vehicle while being used lawfully for racing competition or

time racing events; and

9) any lawn care maintenance equipment.

b) Sections 902.102 and 902.123(b)(2) shall not apply to any person who can

show that a tread pattern as described in those rules was the result of wear

and that the tire was not originally manufactured or newly retreaded with

such a tread pattern.

c) The operational standards contained in Sections 902.120 through 902.123

inclusive shall not apply to warning devices, such as horns and sirens; or

to emergency equipment and vehicles such as fire engines, ambulances,

police vans, and rescue vans, when respond to emergency calls; to snow

plows when in operation; or to tactical military vehicles.

Section 902.141 Compliance Dates

a) Except as otherwise provided in this rule, any person subject to the

standards and limitations of this Part shall comply with such standards and

limitations on and after November 30, 1977.

b) Every owner or operator of a motor vehicle subject to Section 902.102

shall comply with such rule on and after May 31, 1978.

c) Every owner or operator of a motor vehicle subject to Section

902.120(b)(2) or 902.121(b)(2) shall comply with such rule on and after

May 31, 1978.

d) Every motor carrier subject to Section 902.123 shall comply with such

rule on and after May 31, 1977.

Section 902.APPENDIX A Old Rule Numbers Referenced

The following table is provided to aid in referencing old Board rule numbers to section

numbers pursuant to codification.

Old Part 3 of Chapter 8

35 Ill. Adm. Code Part 902