Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 390.1020 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions apply to all Parts in the IMCSR
				  unless a specific Part expressly defines a term differently:
"Accident" means:
Except as provided below, an occurrence involving a
				  commercial motor vehicle operating on a highway that results in:
A fatality;
Bodily injury to a person who, as a result of the injury,
				  immediately receives medical treatment away from the scene of the accident;
				  or
One or more motor vehicles incurring disabling damage as a
				  result of the accident, requiring the motor vehicle or vehicles to be
				  transported away from the scene by a tow truck or other motor vehicle.
The term accident does not include:
An occurrence involving only boarding and alighting from a
				  stationary motor vehicle; or
An occurrence involving only the loading or unloading of
				  cargo. (
				  49
				  CFR 390.5 )
"Agricultural commodities" means any agricultural
				  commodity, non-processed food, feed, fiber, or livestock, including
				  insects.
(Section 18b-101 of the Law)
"Agricultural operations" means the operation of a
				  motor vehicle or combination of vehicles transporting agricultural commodities
				  or farm supplies for agricultural purposes.
(Section 18b-101 of the
				  Law)
"Air mile" means a nautical mile, which is equivalent
				  to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to
				  115.08 statute miles or 185.2 kilometers.
(Section 18b-101 of the
				  Law)
"Alcohol concentration" or "AC" means the concentration of
				  alcohol in a person's blood or breath. When expressed as a percentage it means
				  grams of alcohol per 100 milliliters of blood or grams of alcohol per 210
				  liters of breath. (
				  49
				  CFR 390.5 )
"Bus" means any motor vehicle designed, constructed, and/or
				  used for the transportation of passengers, including taxicabs. (
				  49
				  CFR 390.5 )
"Business district" means the territory contiguous to
				  and including a highway when within any 600 feet along such highway there are
				  buildings in use for business or industrial purposes, including but not limited
				  to, hotels, banks, or office buildings, railroad stations and public
				  buildings
which occupy at least 300 feet of frontage on one
				  side or 300 feet collectively on both sides of the highway
. (Section
				  1-108 of the Code)
"Charter transportation of passengers" means transportation,
				  using a bus, of a group of persons who, pursuant to a common purpose, under a
				  single contract, at a fixed charge for the motor vehicle, have acquired the
				  exclusive use of the motor vehicle to travel together under an itinerary either
				  specified in advance or modified after having left the place of origin. (
				  49
				  CFR 390.5 )
"Code" means the Illinois Vehicle Code [625 ILCS 5 ].
"Commerce" means trade, commerce or transportation
				  within the State
. (Section 1-111.4 of the Code)
"Commercial motor vehicle" or "CMV"
				  means:
Any self propelled or towed vehicle used on public
				  highways in interstate and intrastate commerce to transport passengers or
				  property when the vehicle has a gross vehicle weight, a gross vehicle weight
				  rating, a gross combination weight, or a gross combination weight rating of
				  10,001 or more pounds
(4,537 or more kilograms)
;
				  or
The vehicle is used or designed to transport more
				  than 15 passengers, including the driver; or
The vehicle is designed to carry 15 or fewer
				  passengers and is operated by a contract carrier transporting employees in the
				  course of their employment on a highway of this State; or
The vehicle is used or designed to transport between
				  9 and 15 passengers, including the driver, for direct compensation;
				  or
The vehicle is used in the transportation of
				  hazardous materials in a quantity requiring placarding under the Illinois
				  Hazardous Materials Transportation Act
[430 ILCS 30
				  ]
.
This definition shall not include farm machinery,
				  fertilizer spreaders, and other special agricultural movement equipment
				  described in Section 3-809 of the Code nor implements of husbandry as defined
				  in Section 1-130 of the Code.
(Section 18b-101 of the Law)
"Commercial vehicle inspections" means:
Level 1 - North American Standard Inspection: An inspection
				  that includes examination of driver's license; medical examiner's certificate
				  and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and
				  drugs; driver's record of duty status as required; hours of service; seat belt;
				  vehicle inspection report or reports (if applicable); brake systems; coupling
				  devices; exhaust systems; frames; fuel systems; lighting devices (headlamps,
				  tail lamps, stop lamps, turn signals and lamps/flags on projecting loads);
				  securement of cargo; steering mechanisms; suspensions; tires; van and open-top
				  trailer bodies; wheels, rims and hubs; windshield wipers; emergency exits
				  and/or electrical cables and systems in engine and battery compartments
				  (buses); and Hazardous Material/Dangerous Goods (HM/DG) requirements as
				  applicable. HM/DG required inspection items will be inspected by certified
				  HM/DG inspectors.
Level 2 - Walk-Around Driver/Vehicle Inspection: An
				  examination that includes each of the items specified under the North American
				  Standard Inspection Level 2 Walk-Around Driver/Vehicle Inspection Procedure. At
				  a minimum, Level 2 inspections must include examination of: driver's license;
				  medical examiner's certificate and Skill Performance Evaluation (SPE)
				  Certificate (if applicable); alcohol and drugs; driver's record of duty status
				  as required; hours of service; seat belt; vehicle inspection report or reports
				  (if applicable); brake systems; coupling devices; exhaust systems; frames; fuel
				  systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and
				  lamps/flags on projecting loads); securement of cargo; steering mechanisms;
				  suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs;
				  windshield wipers; emergency exits and/or electrical cables and systems in
				  engine and battery compartments (buses); and HM/DG requirements as applicable.
				  HM/DG required inspection items will be inspected by certified HM/DG
				  inspectors. It is contemplated that the walk-around driver/vehicle inspection
				  will include only those items that can be inspected without physically getting
				  under the vehicle.
Level 3 - Driver/Credential Inspection: An examination that
				  includes those items specified under the North American Standard Level 3
				  Driver/Credential Inspection Procedure. At a minimum, Level 3 inspections must
				  include, when required and/or applicable, examination of the driver's license;
				  medical examiner's certificate and Skill Performance Evaluation (SPE)
				  Certificate; driver's record of duty status; hours of service; seat belt;
				  vehicle inspection report; and HM/DG requirements. Those items not indicated in
				  the North American Standard Level 3 Driver/Credential Inspection Procedure
				  shall not be included on a Level 3 inspection.
Level 4 - Special Inspections: Inspections under this heading
				  typically include a one-time examination of a particular item. These
				  examinations are normally made in support of a study or to verify or refute a
				  suspected trend.
Level 5 - Vehicle-Only Inspection: An inspection that
				  includes each of the vehicle inspection items specified under the North
				  American Standard Inspection (Level 1), without a driver present, conducted at
				  any location.
Level 6 - North American Standard Inspection for Transuranic
				  Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material:
				  An inspection for select radiological shipments, which include inspection
				  procedures, enhancements to the North American Standard Level 1 Inspection,
				  radiological requirements, and the North American Standard Out-of-Service
				  Criteria for Transuranic Waste and HRCQ of Radioactive Material. All vehicles
				  and carriers transporting HRCQ of radioactive material are regulated by the
				  U.S. Department of Transportation and required to pass the North American
				  Standard Level 6 Inspection. Select radiological shipments include HRCQ of
				  radioactive material as defined in
				  49
				  CFR 173.403. Because only a small fraction of
				  transuranics are HRCQ, the U.S. Department of Energy has decided to include its
				  transuranic waste shipments in the North American Standard Level 6 Inspection
				  Program.
Level 7 - Jurisdictional Mandated Commercial Vehicle
				  Inspection: An inspection that is a jurisdictional mandated inspection program
				  that does not meet the requirements of any other level of inspection. An
				  example would include inspection programs including, but not limited to: school
				  buses; limousines; taxis; shared rides; hotel courtesy shuttles; and other
				  intrastate/intraprovincial operations. These inspections may be conducted by
				  CVSA-certified inspectors, other designated government employees or
				  jurisdiction approved contractors. Inspector training requirements shall be
				  determined by each jurisdiction. No CVSA decal shall be issued for a Level 7
				  inspection, but a jurisdiction-specific decal may be applied.
(CVSA, North American Standard Out-of-Service Criteria, April
				  2013)
"Commercial Vehicle Safety Alliance" or "CVSA" means the
				  international not-for-profit organization comprising local, state, provincial,
				  territorial and federal motor carrier safety officials and industry
				  representatives from the United States, Canada and Mexico. Its mission is to
				  promote commercial motor vehicle safety and security by providing leadership to
				  enforcement, industry and policy makers. CVSA actively monitors, evaluates and
				  identifies solutions to potentially unsafe transportation processes and
				  procedures related to driver and vehicle safety requirements most often
				  associated with commercial motor vehicle crashes. In addition, CVSA has several
				  hundred associate members who are committed to helping CVSA achieve its goals:
				  uniformity, compatibility and reciprocity of commercial vehicle inspections,
				  and enforcement activities throughout North America by individuals dedicated to
				  highway safety and security.
"Conviction" means an unvacated adjudication of guilt, or a
				  determination that a person has violated or failed to comply with the law in a
				  court of original jurisdiction or by an authorized administrative tribunal, an
				  unvacated forfeiture of bail or collateral deposited to secure the person's
				  appearance in court, a plea of guilty or nolo contendere accepted by the court,
				  the payment of a fine or court cost, or violation of a condition of release
				  without bail, regardless of whether or not the penalty is rebated, suspended or
				  probated. (
				  49
				  CFR 390.5 )
"Covered farm vehicle" means a straight truck or
				  articulated vehicle, excluding vehicles transporting hazardous materials of a
				  type or quantity that requires the vehicle to be placarded in accordance with
				  the Illinois Hazardous Materials Transportation
Act [430 ILCS
				  30]
, registered in this State or another state and equipped with a
				  special license plate or other designation by the state in which the vehicle is
				  registered identifying the vehicle as a covered farm vehicle for law
				  enforcement personnel and:
Is operated by a farm or ranch owner or operator, or
				  an employee or family member of the farm or ranch owner or operator;
				  and
Is being used to transport the following to or from a
				  farm or ranch:
agricultural commodities;
livestock; or
machinery or supplies; and
If registered in this State, is:
registered as a farm truck under Section 3-815(c)
				  of
the
Code; or
operated in combination as an articulated vehicle
				  when the truck in the combination is registered for 12,000 lbs. or less as a
				  covered farm vehicle under Section 3-815(a) and (a-5) of
the
Code or Section 3-818(a) of
the
Code and contains in
				  the cab of the motor vehicle a registration designating the vehicle as a
				  covered farm vehicle under Section 3-815(a) and (a-5) of
the
Code and the trailer in the combination is registered as a farm trailer
				  under Section 3-819(a) of
the
Code and displays a farm
				  registration license plate; or
a truck registered for 12,000 lbs. or less as a
				  covered farm vehicle under Section 3-815(a) and (a-5) of
the
Code or Section 3-818(a) of
the
Code containing in the
				  cab of the motor vehicle a registration designating the vehicle as a covered
				  farm vehicle under Section 3-815(a) and (a-5) of
the
Code that
				  is towing an implement of husbandry as part of a farming operation;
				  and
Is not used in for-hire motor carrier operations;
				  however, for-hire motor carrier operations do not include the operation of a
				  vehicle meeting the definition of a covered farm vehicle by a tenant pursuant
				  to a crop share farm lease agreement to transport the landlord's portion of the
				  crops under that agreement; and
Has a gross vehicle weight rating (GVWR), a gross
				  combination weight rating (GCWR), or a gross vehicle weight or gross vehicle
				  combination weight, whichever is greater, that is:
26,001 lbs. or less, for vehicles operating in
				  interstate commerce; or
greater than 26,001 lbs., operating in interstate
				  commerce and registered in this State; or
greater than 26,001 lbs. and traveling interstate
				  within 150 air miles of the farm or ranch for which the vehicle is being
				  operated, regardless of whether it is registered in this State;
				  or
greater than 10,000 lbs. and traveling
				  intrastate.
(Section 18b-101 of the Law)
AGENCY NOTE: Covered farm vehicles used in intrastate
				  commerce are subject to the Illinois Vehicle Inspection Law as prescribed in
				  Sections 13-101 and 13-109 of the Code.
"Dangerous goods" see the definition of "Hazardous Material"
				  in this Section.
"Department" means the
Department of
				  Transportation
of the State of Illinois, acting directly or
				  through its duly authorized officers and agents
. (Section 1-115.05 of
				  the Code)
"Direct assistance" means transportation and other relief
				  services provided by a motor carrier or its drivers incident to the immediate
				  restoration of essential services (such as electricity, medical care, sewer,
				  water, telecommunications, and telecommunication transmissions) or essential
				  supplies (such as food and fuel). It does not include transportation related to
				  long-term rehabilitation of damaged physical infrastructure or routine
				  commercial deliveries after the initial threat to life and property has passed.
				  ( 49
				  CFR 390.5 )
"Direct compensation" means payment made to the motor
				  carrier by the passengers or a person acting on behalf of the passengers for
				  the transportation services provided, and not included in a total package
				  charge or other assessment for highway transportation services.
(Section 18b-101 of the Law )
"Disabling damage" means damage that precludes departure of a
				  motor vehicle from the scene of the accident in its usual manner in daylight
				  after simple repairs.
Inclusions: Damage to motor vehicles that could have been
				  driven, but would have been further damaged if so driven.
Exclusions:
Damage that can be remedied temporarily at the scene of the
				  accident without special tools or parts.
Tire disablement without other damage even if no spare tire
				  is available.
Headlamp or taillight damage.
Damage to turn signals, horn or windshield wipers that makes
				  them inoperative. (
				  49
				  CFR 390.5 )
"Distribution point" means the point, for for-hire motor
				  carriers, where the bill of lading originates for the farm supply being
				  transported. For not-for-hire motor carriers, the distribution point means the
				  original loading point for the farm supply. This definition applies to both
				  wholesale and retail movements.
"Driveaway-towaway operation" means any operation in which an
				  empty or unladen motor vehicle with one or more sets of wheels on the surface
				  of the roadway is being transported:
Between vehicle manufacturer's facilities;
Between a vehicle manufacturer and a dealership or
				  purchaser;
Between a dealership, or other entity selling or leasing the
				  vehicle, and a purchaser or lessee;
To a motor carrier's terminal or repair facility for the
				  repair of disabling damage (as defined in this Section) following a
				  crash;
To a motor carrier's terminal or repair facility for repairs
				  associated with the failure of a vehicle component or system; or
By means of a saddle-mount or tow-bar. (
				  49
				  CFR 390.5 )
"Driver" means any person who operates any commercial motor
				  vehicle. (
				  49
				  CFR 390.5 )
"Driving a commercial motor vehicle while under the influence
				  of alcohol" means committing any one or more of the following acts in a CMV:
				  driving a CMV while the person's alcohol concentration is 0.04 percent or more;
				  driving under the influence of alcohol, as prescribed by state law; or refusal
				  to undergo such testing as is required by any state or jurisdiction in the
				  enforcement of Table 1 to "Commercial Driver's License Standards; Requirements
				  and Penalties" (
				  49 CFR
				  383.51 ) or "Driving of Motor Vehicles" (
				  49 CFR
				  392.5(a)(2) ). (
				  49
				  CFR 390.5 )
"Electronic device" means, but is not limited to, a cellular
				  telephone; personal digital assistant; pager; computer; or any other device
				  used to input, write, send, receive or read text. (
				  49
				  CFR 390.5 )
"Emergency" means any hurricane, tornado, storm (e.g.,
				  thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water,
				  wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud
				  slide, drought, forest fire, explosion, blackout or other occurrence, natural
				  or man-made, that interrupts the delivery of essential services (such as
				  electricity, medical care, sewer, water, telecommunications, and
				  telecommunication transmissions) or essential supplies (such as food and fuel)
				  or otherwise immediately threatens human life or public welfare, provided such
				  hurricane, tornado, or other event results in:
A declaration of an emergency by the President of the United
				  States, the Governor of a state, or their authorized representatives having
				  authority to declare emergencies; by the FMCSA Field Administrator for the
				  geographical area in which the occurrence happens; or by other federal, State
				  or local government officials having authority to declare emergencies,
				  including but not limited to the Illinois Department of Transportation's
				  Director, Division of Traffic Safety, or his or her designee; or
A request by a police officer for tow trucks to move wrecked
				  or disabled motor vehicles. (
				  49
				  CFR 390.5 )
"Emergency condition requiring immediate response" means any
				  condition that, if left unattended, is reasonably likely to result in immediate
				  serious bodily harm, death or substantial damage to property. In the case of
				  transportation of propane winter heating fuel, these conditions shall include
				  (but are not limited to) the detection of gas odor, the activation of carbon
				  monoxide alarms, the detection of carbon monoxide poisoning, and any real or
				  suspected damage to a propane gas system following a severe storm or flooding.
				  An "emergency condition requiring immediate response" does not include requests
				  to refill empty gas tanks. In the case of a pipeline emergency, these
				  conditions include (but are not limited to) indication of an abnormal pressure
				  event, leak, release or rupture. (
				  49
				  CFR 390.5 )
"Emergency relief" means an operation in which a motor
				  carrier or driver of a commercial motor vehicle is providing direct assistance
				  to supplement State and local efforts and capabilities to save lives or
				  property or to protect public health and safety as a result of an emergency as
				  defined in this Section. (
				  49
				  CFR 390.5 )
"Employee" means any individual, other than an employer, who
				  is employed by an employer and who, in the course of his or her employment,
				  directly affects commercial motor vehicle safety. The term includes:
A driver of a commercial motor vehicle (including an
				  independent contractor while in the course of operating a commercial motor
				  vehicle);
A mechanic; and
A freight handler.
The term does not include an employee of the United States,
				  any state, any political subdivision of a state, or any agency established
				  under a compact among states and approved by the Congress of the United States
				  who is acting within the course of that employment. (
				  49
				  CFR 390.5 )
"Employer" means any person engaged in a business affecting
				  interstate or intrastate commerce who owns or leases a commercial motor vehicle
				  in connection with that business, or assigns employees to operate it, but such
				  term does not include the United States, any state, any political subdivision
				  of a state, or an agency established under a compact between states approved by
				  the Congress of the United States.
"Exempt intracity zone" means the geographic area of a
				  municipality or the commercial zone of that municipality described by the
				  Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR 372, subpart B.
				  The descriptions are printed in appendix F to the Federal Motor Carrier Safety
				  Regulations. For purposes of
				  49 CFR
				  391.62, a driver may be considered to operate
				  a commercial motor vehicle wholly within an exempt intracity zone
				  notwithstanding any common control, management, or arrangement for a continuous
				  carriage or shipment to or from a point without such zone. (
				  49
				  CFR 390.5 )
"Exempt motor carrier" means a person engaged in
				  transportation exempt from economic regulation by the FMCSA under 49 USC 135,
				  but subject to the safety regulations set forth in the IMCSR.
"Farm machinery" - see definition of "Special agricultural
				  movement equipment" in this Section.
"Farm supplies for agricultural purposes" means
				  products directly related to the growing or harvesting of agricultural
				  commodities and livestock feed at any time of the year.
(Section
				  18b-101 of the Law)
"Farm to market agricultural transportation" means
				  the operation of a motor vehicle controlled and operated by a farmer who is a
				  private motor carrier of property; who is using the vehicle to transport
				  agricultural products to or from a farm operated by the farmer, or to transport
				  farm machinery or farm supplies to or from a farm operated by the farmer; and
				  who is not using the commercial vehicle to transport hazardous materials of a
				  type or quantity that requires the vehicle to be placarded in accordance with
				  the Illinois Hazardous Materials Transportation Act
[430 ILCS
				  30]
.
(Section 1-119.6 of the Code)
"Farm vehicle driver" means a person who drives only a
				  commercial motor vehicle that is -
Controlled and operated by a farmer as a private motor
				  carrier of property;
Being used to transport either -
Agricultural products, or
Farm machinery, farm supplies, or both, to or from a
				  farm;
Not being used in the operation of a for-hire motor
				  carrier;
Not carrying hazardous materials of a type or quantity that
				  requires the commercial motor vehicle to be placarded in accordance with
				  49 CFR
				  177.823; and
Being used within 150 air-miles of the farmer's farm. (
				  49
				  CFR 390.5 )
"Farmer" means any person who operates a farm or is directly
				  involved in the cultivation of land, crops, or livestock that:
Are owned by that person; or
Are under the direct control of that person. (
				  49
				  CFR 390.5 )
"Fatality" means any injury that results in the death of a
				  person at the time of the motor vehicle accident or within 30 days after the
				  accident. (
				  49
				  CFR 390.5 )
"Federal Motor Carrier Safety Administrator" means the chief
				  executive of theFMCSA, an agency within the United States Department of
				  Transportation. (
				  49
				  CFR 390.5 )
"For-hire" means the operation of a vehicle for
				  compensation and subject to federal regulation by the Interstate Commerce
				  Commission or to State regulation by the Illinois Commerce
				  Commission
and those vehicles governed by Chapters 8 and 9
				  under the Code and regulated by the Secretary of State
. (Section
				  1-122.5 of the Code)
"For-hire motor carrier" means a person engaged in the
				  transportation of goods or passengers for compensation. (
				  49
				  CFR 390.5 )
"Gross Combination Weight Rating" or "GCWR" means the greater
				  of:
A value specified by the manufacturer of the power unit, if
				  that value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS)
				  certification label required by the National Highway Traffic Safety
				  Administration; or
The sum of the GVWRs or the gross vehicle weights (GVWs) of
				  the power unit and the towed unit or units, or any combination thereof, that
				  produces the highest value. Exception: The GCWR of the power unit will not be
				  used to define a CMV when the power unit is not towing another vehicle. (
				  49
				  CFR 390.5 )
"Gross Vehicle Weight Rating" or "GVWR" means the value
				  specified by the manufacturer as the loaded weight of a single motor vehicle. (
				  49
				  CFR 390.5 )
"Hazardous material" means a substance or material that has
				  been determined by the Secretary of the United States Department of
				  Transportation to be capable of posing an unreasonable risk to health, safety,
				  and property when transported in commerce, and that has been so designated. (
				  49
				  CFR 390.5 )
"Hazardous substance" means a material, and its mixtures or
				  solutions, that is identified in appendix A to
				  49 CFR
				  172.101, List of Hazardous Substances and
				  Reportable Quantities when offered for transportation in one package, or in one
				  transport motor vehicle if not packaged, and when the quantity of the material
				  therein equals or exceeds the reportable quantity (RQ). This definition does
				  not apply to petroleum products that are lubricants or fuels, or to mixtures or
				  solutions of hazardous substances if in a concentration less than that shown in
				  the table "General Information, Regulations and Definitions" in
				  49 CFR
				  171.8 based on the reportable quantity (RQ)
				  specified for the materials listed in appendix A to
				  49 CFR
				  172.101. (
				  49
				  CFR 390.5 )
"Hazardous waste" means any material that is subject to the
				  hazardous waste manifest requirements of the EPA specified in "Standards
				  Applicable to Generators of Hazardous Waste" in 40 CFR 262 or would be subject
				  to these requirements absent an interim authorization to a state under "State
				  Program Requirements" in 40 CFR 123, subpart F. (
				  49
				  CFR 390.5 )
"Highway" means any road, street, or way, whether on public
				  or private property, open to public travel. "Open to public travel" means that
				  the road section is available, except during scheduled periods, extreme weather
				  or emergency conditions, passable by four-wheel standard passenger cars, and
				  open to the general public for use without restrictive gates, prohibitive
				  signs, or regulation other than restrictions based on size, weight, or class of
				  registration. Toll plazas of public toll roads are not considered restrictive
				  gates. (
				  49
				  CFR 390.5 )
"Illinois Motor Carrier Safety Regulations" or "IMCSR" means
				  the requirements established in Parts 340, 380, 382, 383, 385, 386, 387, 390,
				  391, 392, 393, 395, 396 and 397 (92 Ill. Adm. Code: Chapter I, Subchapter
				  d).
"Illinois State Police" means any individual officer of the
				  Illinois State Police.
"Implement of husbandry" means every vehicle designed
				  and adapted exclusively for agricultural, horticultural, or livestock raising
				  operations, including farm wagons, wagon trailers or like vehicles used in
				  connection therewith, or for lifting or carrying an implement of husbandry
				  provided that no farm wagon, wagon trailer or like vehicle having a gross
				  weight of more than 36,000 pounds, shall be included hereunder
.
				  (Section 1-130 of the Code)
"Interchange" means the act of providing intermodal equipment
				  to a motor carrier pursuant to an intermodal equipment interchange agreement
				  for the purpose of transporting the equipment for loading or unloading by any
				  person or repositioning the equipment for the benefit of the equipment
				  provider, but it does not include the leasing of equipment to a motor carrier
				  for primary use in the motor carrier's freight hauling operations. (
				  49
				  CFR 390.5 )
"Intermodal equipment" means trailing equipment that is used
				  in the intermodal transportation of containers over public highways in
				  interstate commerce, including trailers and chassis. (
				  49
				  CFR 390.5 )
"Intermodal equipment interchange agreement" means the
				  Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any
				  other written document executed by an intermodal equipment provider or its
				  agent and a motor carrier or its agent, the primary purpose of which is to
				  establish the responsibilities and liabilities of both parties with respect to
				  the interchange of the intermodal equipment. (
				  49
				  CFR 390.5 )
"Intermodal equipment provider" means any person that
				  interchanges intermodal equipment with a motor carrier pursuant to a written
				  interchange agreement or has a contractual responsibility for the maintenance
				  of the intermodal equipment. (
				  49
				  CFR 390.5 )
"Interstate commerce" means transportation between
				  two or more states or transportation originating in one state and passing into
				  or through other states for delivery in another state
. (Section 1-133
				  of the Code)
"Intrastate commerce" means any trade, traffic, or
				  transportation in Illinois that is not described in the term "interstate
				  commerce." (
				  49
				  CFR 390.5 )
"Law" means the Illinois Motor Carrier Safety Law [625 ILCS 5
				  /Ch. 18B].
"Livestock" means cattle, sheep, goats, swine,
				  poultry (including egg-producing poultry), fish used for food, and other
				  animals designated by the Secretary of the United States Department of
				  Transportation (at his or her sole discretion) that are part of a foundation
				  herd (including producing dairy cattle) or offspring.
(Section 18b-101
				  of the Law)
"Medical Examiner" means an individual certified by FMCSA and
				  listed on the National Registry of Certified Medical Examiners in accordance
				  with 49 CFR 390.subpart D.
"Medical variance" means a driver has received one of the
				  following from the Federal Motor Carrier Safety Administration that allows the
				  driver to be issued a medical certificate:
An exemption letter permitting operation of an interstate
				  commercial motor vehicle pursuant to 49 CFR 381, subpart C or
				  49
				  CFR 391.64;
A skill performance evaluation certificate permitting
				  operation of an interstate commercial motor vehicle pursuant to
				  49
				  CFR 391.49. (
				  49
				  CFR 390.5 )
"Mobile telephone" means a mobile communication device that
				  falls under or uses any commercial mobile radio service, as defined in
				  regulations of the Federal Communications Commission (
				  47
				  CFR 20.3 ). It does not include two-way or
				  Citizens Band Radio services. (
				  49
				  CFR 390.5 )
"Motor carrier" means a for-hire motor carrier or a private
				  motor carrier. The term includes a motor carrier's agents, officers and
				  representatives as well as employees responsible for hiring, supervising,
				  training, assigning, or dispatching of drivers and employees concerned with the
				  installation, inspection, and maintenance of motor vehicle equipment and/or
				  accessories. For purposes of the IMCSR, the definition of "motor carrier"
				  includes the terms "employer" and "exempt motor carrier." (
				  49
				  CFR 390.5 )
"Motor vehicle" means any vehicle, machine, tractor, trailer,
				  or semitrailer propelled or drawn by mechanical power and used upon the
				  highways in the transportation of passengers or property, or any combination
				  thereof determined by the Federal Motor Carrier Safety Administration, but does
				  not include any vehicle, locomotive, or car operated exclusively on a rail or
				  rails, or a trolley bus operated by electric power derived from a fixed
				  overhead wire, furnishing local passenger transportation similar to
				  street-railway service. (
				  49
				  CFR 390.5 )
"Motor vehicle record" means the report of the driving status
				  and history of a driver generated from the driver record, provided to users,
				  such as drivers or employers, and subject to the provisions of the Driver
				  Privacy Protection Act (
				  18
				  USC 2721 through
				  2725 ). (
				  49
				  CFR 390.5 )
"Multiple-employer driver" means a driver who, in any period
				  of 7 consecutive days, is employed or used as a driver by more than one motor
				  carrier. (
				  49
				  CFR 390.5 )
"North American Uniform Out-Of-Service Criteria" means a set
				  of guidelines established by the CVSA and recognized by all states, the
				  provinces of Canada, and Mexico as acceptable standards for identifying driver
				  violations and critical vehicle inspection items that may render a driver, a
				  commercial motor vehicle or a hazardous material load out-of-service. The
				  criteria is enforced, in some states, by qualified law enforcement officers of
				  a municipality, county, state or the federal government. In Illinois, only
				  qualified officers of the Department, the Illinois State Police and the federal
				  government have authority to enforce the out-of-service criteria.
"Operating authority" means the registration required by
				  49 USC
				  13902, 49 CFR 365, 49 CFR 368 and 49 CFR
				  392.9a. (
				  49
				  CFR 390.5 )
"Operator" - see driver.
"Other terms" - any other term used in the IMCSR is used in
				  its commonly accepted meaning, except where such other term has been defined
				  elsewhere in the IMCSR. In that event, the definition therein given shall
				  apply.
"Out-of-service order" means a declaration by the Illinois
				  State Police or by an authorized enforcement officer of a federal, state,
				  Canadian, Mexican or local jurisdiction that a driver, a commercial motor
				  vehicle, or a motor carrier operation, is out-of-service pursuant to
				  49 CFR 386.72,
				  49 CFR 392.5,
				  49 CFR
				  392.9(a),
				  49 CFR
				  395.13,
				  49
				  CFR 396.9, or 92 Ill. Adm. Code
				  392.2000(d),
				  or compatible laws, or the North American Uniform Out-of-Service Criteria as
				  defined in this Section.
"Person" means any natural person or individual,
				  governmental body, firm, association, partnership, copartnership, joint
				  venture, company, corporation joint stock company, trust, estate or any other
				  legal entity or their legal representative, agent or assigns
. (Section
				  18b-101 of the Law)
"Planting and harvesting season" means the period of January
				  1 through December 31 each year.
"Previous employer" means any USDOT or Department regulated
				  person who employed the driver in the preceding three years, including any
				  possible current employer.
"Principal place of business" means a single location
				  designated by the motor carrier, normally its headquarters, for purposes of
				  identification under this Subchapter d. The motor carrier must make records
				  required by 92 Ill. Adm. Code 340, 380, 382, 383, 385, 387, 390, 391, 395, 396
				  and 397, available for inspection at its principal place of business within 48
				  hours (Saturdays, Sundays and federal or State holidays excluded) after a
				  request has been made by a special agent or authorized representative of the
				  Federal Motor Carrier Safety Administration or the Illinois Department of
				  Transportation.
"Private motor carrier" means a person who provides
				  transportation of property or passengers, by commercial motor vehicle, and is
				  not a for-hire motor carrier.
(
				  49
				  CFR 390.5 )
"Private motor carrier of passengers (business)" means a
				  private motor carrier engaged in the interstate or intrastate transportation of
				  passengers that is provided in the furtherance of a commercial enterprise and
				  is not available to the public at large.
"Private motor carrier of passengers (nonbusiness)" means a
				  private motor carrier involved in the interstate or intrastate transportation
				  of passengers that does not otherwise meet the definition of a private motor
				  carrier of passengers (business). (
				  49
				  CFR 390.5 )
"Radar detector" means any device or mechanism to detect the
				  emission of radio microwaves, laser beams or any other future speed measurement
				  technology employed by enforcement personnel to measure the speed of commercial
				  motor vehicles upon public roads and highways for enforcement purposes.
				  Excluded from this definition are radar detection devices that meet both of the
				  following requirements:
Transported outside the driver's compartment of the
				  commercial motor vehicle. For this purpose, the driver's compartment of a
				  passenger-carrying CMV shall include all space designed to accommodate both the
				  driver and the passengers; and
Completely inaccessible to, inoperable by, and imperceptible
				  to the driver while operating the commercial motor vehicle. (
				  49
				  CFR 390.5 )
"Regional Director of Motor Carriers" means the Field
				  Administrator, Federal Motor Carrier Safety Administration, for a given
				  geographical area of the United States. (
				  49
				  CFR 390.5 )
"Residential district" means the territory adjacent to and
				  including a highway that is not a business district and for a distance of 300
				  feet or more along the highway is primarily improved with residences. (
				  49
				  CFR 390.5 )
"Safety permit" means a document issued by the Federal Motor
				  Carrier Safety Administration that contains a permit number and confers
				  authority to transport in commerce the hazardous materials listed in
				  49 CFR
				  385.403. (
				  49 CFR
				  385.402 )
"School bus" means a motor vehicle that meets all of the
				  special requirements for school buses in Sections 12-801, 12-802, 12-803 and
				  12-805 of the Code and is designed or used to carry more than 10 passengers,
				  including the driver, and is used for transporting preprimary, primary or
				  secondary school students from home to school or from school to home or for
				  intrastate school sanctioned functions.
"School bus operation" means the use of a school bus to
				  transport only school children and/or school personnel from home to school and
				  from school to home and for intrastate school sanctioned functions.
"Secretary" means the Secretary of the Illinois Department of
				  Transportation.
"Single-employer driver" means a driver who, in any period of
				  seven consecutive days, is employed or used as a driver solely by a single
				  motor carrier. This term includes a driver who operates a commercial motor
				  vehicle on an intermittent, casual, or occasional basis. (
				  49
				  CFR 390.5 )
"Special agent" - See 49 CFR appendix B to subchapter B of
				  chapter III.
"
Special agricultural movement equipment" means a
				  vehicle of the second division having a corn sheller, a welldriller, hay press,
				  clover huller, feed mixer and unloader or other farm machinery permanently
				  mounted thereon and used solely for transporting the same, farm wagon type
				  trailers having a fertilizer spreader attachment permanently mounted thereon,
				  having a gross weight of not to exceed 36,000 pounds and farm wagon type tank
				  trailers (i.e., nurse tanks) not to exceed 3,000 gallon capacity. Also includes
				  any single unit self-propelled agricultural fertilizer implement, designed for
				  both on and off road use, equipped with flotation tires and otherwise
				  especially adapted for the application of plant food materials or agricultural
				  chemicals
. (Section 3-809 of the Code)
"State" (lower case) means a state of the United States and
				  the District of Columbia and includes a political subdivision of a state. (
				  49
				  CFR 390.5 ) "State" (capitalized) means the
				  State of Illinois.
"Texting" means manually entering alphanumeric text into, or
				  reading text from, an electronic device. This action includes, but is not
				  limited to, short message service, emailing, instant messaging, a command or
				  request to access a World Wide Web page, pressing more than a single button to
				  initiate or terminate a voice communication using a mobile telephone, or
				  engaging in any other form of electronic text retrieval or entry, for present
				  or future communication. Texting does not include:
Inputting, selecting, or reading information on a global
				  positioning system or navigation system; or
Pressing a single button to initiate or terminate a voice
				  communication using a mobile telephone; or
Using a device capable of performing multiple functions
				  (e.g., fleet management systems, dispatching devices, smart phones, citizens
				  band radios, music players, etc.) for a purpose that is not otherwise
				  prohibited in this Part. (
				  49
				  CFR 390.5 )
"Trailer" includes:
"Full trailer" means any motor vehicle other than a pole
				  trailer that is designed to be drawn by another motor vehicle and so
				  constructed that no part of its weight, except for the towing device, rests
				  upon the self-propelled towing motor vehicle. A semitrailer equipped with an
				  auxiliary front axle (converter dolly) shall be considered a full trailer. (
				  49
				  CFR 390.5 )
"Pole trailer" means any motor vehicle that is designed to be
				  drawn by another motor vehicle and attached to the towing motor vehicle by
				  means of a "reach" or "pole," or by being "boomed" or otherwise secured to the
				  towing motor vehicle, for transporting long or irregularly shaped loads such as
				  poles, pipes, or structural members, which generally are capable of sustaining
				  themselves as beams between the supporting connections. (
				  49
				  CFR 390.5 )
"Semitrailer" means any motor vehicle, other than a pole
				  trailer, that is designed to be drawn by another motor vehicle and is
				  constructed so that some part of its weight rests upon the self-propelled
				  towing motor vehicle. (
				  49
				  CFR 390.5 )
"Truck" means any self-propelled commercial motor vehicle
				  except a truck tractor, designed and/or used for the transportation of
				  property. (
				  49
				  CFR 390.5 )
"Truck tractor" means a self-propelled commercial motor
				  vehicle designed and/or used primarily for drawing other vehicles. (
				  49
				  CFR 390.5 )
"United States" means the 50 states and the District of
				  Columbia. (
				  49
				  CFR 390.5 )
"USDOT" means the United States Department of
				  Transportation.
"Use a hand-held mobile telephone" means:
Using at least one hand to hold a mobile telephone to conduct
				  a voice communication;
Dialing or answering a mobile telephone by pressing more than
				  a single button; or
Reaching for a mobile telephone in a manner that requires a
				  driver to maneuver so that he or she is no longer in a seated driving position
				  and restrained by a seat belt that is installed in accordance with
				  49
				  CFR 393.93 and adjusted in accordance with
				  the vehicle manufacturer's instructions. (
				  49
				  CFR 390.5 )
"Utility service vehicle" means any commercial motor
				  vehicle:
Used in the furtherance of repairing, maintaining, or
				  operating any structures or any other physical facilities necessary for the
				  delivery of public utility services, including the furnishing of electric, gas,
				  water, sanitary sewer, telephone, and television cable or community antenna
				  service;
While engaged in any activity necessarily related to the
				  ultimate delivery of such public utility services to consumers, including
				  travel or movement to, from, upon, or between activity sites (including
				  occasional travel or movement outside the service area necessitated by any
				  utility emergency as determined by the utility provider); and
Except for any occasional emergency use, operated primarily
				  within the service area of a utility's subscribers or consumers, without regard
				  to whether the vehicle is owned, leased, or rented by the utility. (
				  49
				  CFR 395.2 )