Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 380 - SPECIAL TRAINING REQUIREMENTS › Section 380.1010 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Alcohol or alcoholic beverage" means:
Beer as defined in
				26
				USC 5052(a) (Internal
				Revenue Code of 1954);
Wine of not less than one-half of one per centum of alcohol by
				volume; or
Distilled spirits as defined in section 5002(a)(8) (Internal
				Revenue Code of 1954). (
				49
				CFR 383.5 )
"Classroom instructor" means a qualified longer combination
				vehicle (LCV) driver-instructor who provides knowledge instruction that does
				not involve the actual operation of an LCV or its components. Instruction may
				take place in a parking lot, garage, or any other facility suitable for
				instruction. (
				49
				CFR 380.105 )
"Commercial driver's license" or "CDL" means a license issued
				to an individual by a state or other jurisdiction of domicile, in accordance
				with the standards contained in 49 CFR 383, that authorizes the individual to
				operate a class of a commercial motor vehicle. (
				49
				CFR 383.5 )
"Commercial learner's permit" or "CLP" means a permit issued to
				an individual by a state or other jurisdiction of domicile, in accordance with
				the standards contained in 49 CFR 383, that, when carried with a valid driver's
				license issued by the same state or jurisdiction, authorizes the individual to
				operate a class of a commercial motor vehicle when accompanied by a holder of a
				valid CDL for purposes of behind-the-wheel training. When issued to a CDL
				holder, a CLP serves as authorization for accompanied behind-the-wheel training
				in a CMV for which the holder's current CDL is not valid. (
				49
				CFR 383.5 )
"Commercial motor vehicle" or "CMV" means, for purposes of this
				Part and 92 Ill. Adm. Code 382 and 383, a motor vehicle or combination of motor
				vehicles used in commerce to transport passengers or property if the motor
				vehicle:
Has a gross combination weight rating or gross combination
				weight of 11,794 kilograms or more (26,001 pounds or more), whichever is
				greater, inclusive of a towed unit or units with a gross vehicle weight rating
				or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever
				is greater; or
Has a gross vehicle weight rating or gross vehicle weight of
				11,794 or more kilograms (26,001 pounds or more), whichever is greater;
				or
Is designed to transport 16 or more passengers, including the
				driver; or
Is of any size and is used in the transportation of hazardous
				materials as defined in this Section. (
				49
				CFR 383.5 )
"Controlled substance" has the same meaning ascribed under
				21
				USC 802(6) and includes all
				substances listed on schedules I through V of
				21
				CFR 1308.11 through
				1308.15, as they may
				be amended by the United States Department of Justice. (
				49
				CFR 383.5 )
"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 383.5 )
"Disqualification" means any of the following three
				actions:
The suspension, revocation, or cancellation of a CLP or CDL by
				the state or jurisdiction of issuance.
Any withdrawal of a person's privileges to drive a CMV by a
				state or other jurisdiction as a result of a violation of state or local law
				relating to motor vehicle traffic control (other than parking, vehicle weight
				or vehicle defect violations).
A determination by the Federal Motor Carrier Safety
				Administration that a person is not qualified to operate a CMV under 49 CFR
				391. (
				49
				CFR 383.5 )
"Driver's license" means a license issued by a state or other
				jurisdiction to an individual that authorizes the individual to operate a motor
				vehicle on the highways. (
				49
				CFR 383.5 )
"Employee" means any operator of a CMV, including full time,
				regularly employed drivers; casual, intermittent or occasional drivers; leased
				drivers and independent, owner-operator contractors (while in the course of
				operating a CMV) who are either directly employed by or under lease to an
				employer. (
				49
				CFR 383.5 )
"Employer" means any person (including the United States, a
				state, District of Columbia or a political subdivision of a state) who owns or
				leases a CMV or assigns employees to operate such a vehicle. (
				49
				CFR 383.5 )
"Endorsement" means an authorization to an individual's CLP or
				CDL required to permit the individual to operate certain types of CMVs. (
				49
				CFR 383.5 )
"Entry-level driver" means a driver with less than one year of
				experience operating a CMV with a CDL in interstate or intrastate
				commerce.
"Entry-level driver training" means training the CDL driver
				receives in driver qualification requirements, hours of service of drivers,
				driver wellness, and whistle blower protection as appropriate to the
				entry-level driver's current position in addition to passing the CDL test. (
				49
				CFR 380.502 )
"Hazardous materials" means any material that has been
				designated as hazardous under
				49 USC
				5103 and is required to be placarded under
				subpart F of 49 CFR 172 or any quantity of a material listed as a select agent
				or toxin in 42 CFR 73. (
				49
				CFR 383.5 )
"Longer combination vehicle" or "LCV" means any combination of
				a truck-tractor and two trailers or semi-trailers that operates on the highways
				of Illinois with a gross vehicle weight (GVW) greater than 36,288 kilograms
				(80,000 pounds).
"LCV double" means an LCV consisting of a truck-tractor in
				combination with two trailers and/or semi-trailers. (
				49
				CFR 380.105 )
"LCV triple" means an LCV consisting of a truck-tractor in
				combination with three trailers and/or semi-trailers. (
				49
				CFR 380.105 )
"Motor vehicle" means a vehicle, machine, tractor, trailer, or
				semi-trailer propelled or drawn by mechanical power used on highways, except
				that this term does not include a vehicle, machine, tractor, trailer, or
				semi-trailer operated exclusively on a rail. (
				49
				CFR 383.5 )
"Qualified LCV driver-instructor" means an instructor meeting
				the requirements contained in 49 CFR 380, subpart C. There are two types of
				qualified LCV driver-instructors: classroom instructor and skills instructor. (
				49
				CFR 380.105 )
"Skills instructor" means a qualified LCV driver-instructor who
				provides behind-the-wheel instruction involving the actual operation of an LCV
				or its components outside a classroom. (
				49
				CFR 380.105 )
"State" (lower case) means a state of the United States and the
				District of Columbia. (
				49
				CFR 383.5 )
"Tank vehicle" means any CMV that is designed to transport any
				liquid or gaseous materials within a tank or tanks having an individual rated
				capacity of more than 119 gallons and an aggregate rated capacity of 1,000
				gallons or more that is either permanently or temporarily attached to the
				vehicle or the chassis. A commercial motor vehicle transporting an empty
				storage container tank, not designed for transportation, with a rated capacity
				of 1,000 gallons or more that is temporarily attached to a flatbed trailer is
				not considered a tank vehicle. (
				49
				CFR 383.5 )
"Training institution" means any technical or vocational school
				accredited by an accrediting institution recognized by the U.S. Department of
				Education. A motor carrier's training program for its drivers or an entity that
				exclusively offers services to a single motor carrier is not a training
				institution. (
				49
				CFR 380.105 )
"Vehicle" means a motor vehicle unless otherwise specified. (
				49
				CFR 383.5 )