Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1320 - Initial Exemptions: Application and Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) A public utility may apply to the Director
				for an exemption from the IMCSR as described in Section
				386.1310(b) and
				(c).
b) Each application filed under this Section
				for an exemption must:
1) Be submitted to:
Director, Division of Traffic Safety
Illinois Department of Transportation
P. O. Box 19212
1340 N. 9th St.
Springfield, Illinois 62794-9212;
2) Reference the exemption being sought under
				Section 386.1310;
3) State the
				name, address and telephone number of the applicant;
4) Certify that the vehicles for which an
				exemption is sought are used for the delivery of essential utility services to
				the public;
5) Certify that the
				public utility systematically inspects, repairs and maintains all commercial
				motor vehicles operating under the exemption as incorporated by reference in 92
				Ill. Adm. Code 396. Parts and accessories shall be in safe and proper operating
				condition at all times. This Subpart C does not provide for exemption from the
				semi-annual inspection required by the Illinois Vehicle Inspection Law [625
				ILCS 5/13-101 and 13 -109];
6) For
				vehicles controlled by the public utility for 30 consecutive days or more, the
				utility must maintain or cause to be maintained records as incorporated by
				reference in 92 Ill. Adm. Code 396. If requested, the public utility must make
				these records available for inspection by an officer of the
				Department;
7) Certify that the
				firm's drivers of the commercial motor vehicles fully comply with the driver
				qualification standards outlined in 92 Ill. Adm. Code 391;
8) Submit the number of commercial motor
				vehicles owned or leased by the firm having a GVWR or GCWR of 26,000 pounds or
				less for which an exemption is requested;
9) Submit the number of commercial motor
				vehicles owned or leased by the firm having a GVWR or GCWR greater than 26,000
				pounds for which hours of service relief is requested;
10) Make available for inspection by an
				officer of the Department comprehensive fleet accident information for the
				previous two years and annual total fleet mileage (See 92 Ill. Adm. Code
				390.1020 for
				definition of accident.);
11)
				Identify any increased risks that are likely to result if an exemption is
				granted, and specify the safety control measures that the applicant considers
				necessary or appropriate to compensate for those increased risks;
12) State the reasons why the applicant
				believes the requested exemption, including any safety control measures
				specified by the applicant, will achieve a level of safety that:
A) Is at least equal to that specified in the
				IMCSR from which the exemption is sought; or
B) If the IMCSR do not contain a specified
				level of safety, will be consistent with the public interest and will protect
				against the risks of life and property;
13) Certify that the transportation described
				in the requested exemption is not governed by the FMCSR.