Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1010 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Act" means the Illinois Hazardous Materials Transportation
				  Act [430 ILCS 30].
"Acting knowingly" means acting or failing to act while
				  having actual knowledge of the facts giving rise to the violation, or having
				  the knowledge that a reasonable person acting in the same circumstances and
				  exercising due care would have had. (49 CFR
				  107.1, October 1, 2003)
"Administrator" means the Administrator, Research and Special
				  Programs Administration (RSPA), US Department of Transportation or his or her
				  delegate. (49 CFR 107.1, October
				  1, 2003)
"Applicant" means the person in whose name an exemption,
				  approval, registration, a renewed or modified exemption or approval, or party
				  status to an exemption is requested to be issued. (49 CFR
				  107.1, October 1, 2003)
"Application" means a request under subpart B of 49 CFR 107
				  for an exemption, a renewal or modification of an exemption, party status to an
				  exemption, or a request under subpart H of 49 CFR 107 for an approval, or
				  renewal or modification of an approval. (49 CFR
				  107.1, October 1, 2003)
"Approval" means written consent, including a competent
				  authority approval, from the Associate Administrator or other designated
				  Department official, to perform a function that requires prior consent under
				  subchapter C of 49 CFR Chapter I (49 CFR 171 through 180). (49 CFR
				  107.1, October 1, 2003)
"Approval Agency" means an organization or a person
				  designated by the RSPA to certify packagings as having been designed,
				  manufactured, tested, modified, marked or maintained in compliance with
				  applicable DOT regulations. (49 CFR 107.1, October
				  1, 2003)
"Associate Administrator" means the Associate Administrator
				  for Hazardous Materials Safety, Research and Special Programs Administration,
				  US Department of Transportation. (49 CFR
				  107.1, October 1, 2003)
"Competent authority" means a national agency that is
				  responsible, under its national law, for the control or regulation of some
				  aspect of hazardous materials (dangerous goods) transportation. Another term
				  for competent authority is "appropriate authority", which is used in the
				  International Civil Aviation Organization's (ICAO) Technical Instructions for
				  the Safe Transport of Dangerous Goods by Air. The Associate Administrator is
				  the United States competent authority for purposes of 49 CFR 107.
				  (49
				  CFR 107.1, October 1, 2003)
"Competent authority approval" means an approval by the
				  competent authority that is required under an international standard (for
				  example, the ICAO Technical Instructions for the Safe Transport of Dangerous
				  Goods by Air and the International Maritime Dangerous Goods Code). Any of the
				  following may be considered a competent authority approval if it satisfies the
				  requirement of an international standard:
A specific regulation in subchapter A or C of 49 CFR Chapter
				  I.
An exemption or approval issued under subchapter A or C of 49
				  CFR Chapter I.
A separate document issued to one or more persons by the
				  Associate Administrator. (49 CFR 107.1, October
				  1, 2003)
"Department" means the Illinois Department of
				  Transportation.
"Director" means the Director of the Division of Traffic
				  Safety.
"Division" means the Division of Traffic Safety.
"Enforcement" means issuance of warnings or notices of
				  violation of any provision of the Act and the Illinois Hazardous Materials
				  Transportation Regulations (IHMTR) and prosecution of violations of the IHMTR
				  and the Act.
"Exemption" means a document issued by the Associate
				  Administrator under the authority of
				  49 USC
				  5117. The document permits a person to
				  perform a function that is not otherwise permitted under subchapter A or C of
				  49 CFR Chapter I, or other regulations issued under
				  49 USC
				  5101 through
				  5127 (e.g.,
				  Federal Motor Carrier Safety routing requirements) (49 CFR
				  107.1, October 1, 2003)
"Federal Hazardous Material Transportation Law" means
				  49 USC
				  5101 et seq. (49 CFR
				  107.1, October 1, 2003)
"Filed" means received by the appropriate RSPA or other
				  designated office within the time specified in a regulation or rulemaking
				  document. (49 CFR 107.1, October
				  1, 2003)
"Holder" means the person in whose name an exemption or
				  approval has been issued. (49 CFR 107.1, October
				  1, 2003)
"Imminent hazard" means the existence of a condition that
				  presents a substantial likelihood that death, serious illness, severe personal
				  injury, or substantial endangerment to health, property, or the environment may
				  occur before the reasonably foreseeable completion of an administrative hearing
				  or other formal proceeding initiated to abate the risks of those effects.
				  (49
				  CFR 107.1, October 1, 2003)
"Incident" means an event resulting in the unintended and
				  unanticipated release of a hazardous material or an event meeting incident
				  reporting requirements in
				  49 CFR
				  171.15 or 49 CFR 171.16. (49 CFR
				  107.1, October 1, 2003)
"Indian tribe" has the same meaning given that term in
				  section 4 of the Indian Self-Determination and Education Assistance Act
				  (25
				  USC 450b). (49 CFR
				  107.1, October 1, 2003)
"IHMTR" means the Illinois Hazardous Materials Transportation
				  Regulations.
"Investigation" includes investigations authorized under
				  49 USC 5121 and
				  inspections authorized under
				  49
				  USC 5118 and
				  5121.
				  (49
				  CFR 107.1, October 1, 2003)
"Knowingly" (See the definition of "acting knowingly" in this
				  Section.)
"Manufacturing exemption" means an exemption from compliance
				  with specified requirements that otherwise must be met before representing,
				  marking, certifying (including requalifying, inspecting, and testing), selling
				  or offering a packaging or container as meeting the requirements of subchapter
				  C of 49 CFR Chapter I governing its use in the transportation in commerce of a
				  hazardous material. A manufacturing exemption is an exemption issued to a
				  manufacturer of packagings who does not offer for transportation or transport
				  hazardous materials in packagings subject to the exemption. (49 CFR
				  107.1, October 1, 2003)
"North American Uniform Out-Of-Service Criteria" means a set
				  of guidelines recognized by all states and the provinces of Canada as
				  acceptable standards for identifying critical violations that may render a
				  driver, a commercial motor vehicle or a hazardous material load out-of-service.
				  The criteria is enforced by law enforcement officers of a state or the federal
				  government.
"Out-of-service order" means a declaration by the State
				  Police that a hazardous material shipment is out-of-service pursuant to 92 Ill.
				  Adm. Code
				  171.2(a),
				  171.2(b)
				  or
				  171.2(c)
				  and the North American Uniform Out-of-Service Criteria as defined in this
				  Section.
"Party" means a person, other than a holder, authorized to
				  act under the terms of an exemption. (49 CFR
				  107.1, October 1, 2003)
"Person" means an individual, firm, copartnership,
				  corporation, company, association, or joint stock association (including any
				  trustee, receiver, assignee, or similar representative); or a government or
				  Indian tribe (or an agency or instrumentality of any government or Indian
				  tribe) that transports a hazardous material to further a commercial enterprise
				  or offers a hazardous material for transportation in commerce. Person does not
				  include the following:
The United States Postal Service.
Any agency or instrumentality of the Federal government, for
				  the purposes of
				  49
				  USC 5123 (civil penalties) and 5124 (criminal
				  penalties).
Any government or Indian tribe (or agency or instrumentality
				  of any government or Indian tribe) that transports hazardous material for a
				  governmental purpose. (49 CFR 107.1, October
				  1, 2003)
"Registration" means a written acknowledgment from the
				  Associate Administrator that a registrant is authorized to perform a function
				  for which registration is required under subchapter C of 49 CFR Chapter I
				  (e.g., registration in accordance with
				  49 CFR
				  178.503 regarding marking of packagings). For
				  purposes of subparts A through E, "registration" does not include registration
				  under subpart F or G of 49 CFR 107. (49 CFR
				  107.1, October 1, 2003)
"Report" means information, other than an application,
				  registration or part thereof, required to be submitted to the Associate
				  Administrator pursuant to subchapter A, subchapter B or subchapter C of 49 CFR
				  Chapter I. (49 CFR 107.1, October
				  1, 2003)
"Respondent" means a person upon whom the Department has
				  served a notice of probable violation.
"Secretary" means the Secretary of the Illinois Department of
				  Transportation.
"State" means the State of Illinois.
"State Police" includes any individual officer of the
				  Illinois State Police.
"Transports" or "transportation" means the movement of
				  property and loading, unloading, or storage incidental to the movement.
				  (49
				  CFR 107.1, October 1, 2003)