Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1060 - Inspection of Records and Motor Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authorized representatives of the
				Department and the State Police, upon presenting credentials, may enter a motor
				carrier's established place of business without undue delay, inspect and
				examine records of motor carriers required to be maintained under the MCSR to
				determine compliance with the MCSR and may enter a motor carrier's established
				place of business to inspect and examine the motor vehicles or motor carriers
				subject to these MCSR to determine compliance with the MCSR. (Section
				18b-102(c) of the Law)
b) The motor
				carrier or a representative of the motor carrier shall be entitled to be
				present during an inspection conducted pursuant to this Section, however, the
				presence of the motor carrier or an authorized representative of the motor
				carrier is not a condition precedent to such an inspection.
c) Inspection conducted, pursuant to this
				Section, may be initiated at any time that business is being conducted or work
				is being performed, whether or not open to the public or when the motor carrier
				or a representative of the motor carrier other than a custodian or watchman, is
				present. The fact that a motor carrier or representative of the motor carrier
				leaves the premises after an inspection has been initiated shall not require
				the termination of the inspection.
d) Any inspection conducted pursuant to this
				Section shall not continue for more than 24 clock hours after initiation,
				without the consent of the company, but in no event shall the inspection
				continue for more than 72 hours after initiation.
e) In the event information comes to the
				attention of the individuals conducting an inspection that may give rise to the
				necessity of obtaining a search warrant, and in the event steps are initiated
				for the procurement of a search warrant, the individuals conducting such
				inspection may take all necessary steps to secure the premises under inspection
				until the warrant application is acted upon by a judicial officer.
f) No more than three inspections of a motor
				carrier shall be conducted pursuant to this Section within any six month period
				except pursuant to a search warrant.
g) Notwithstanding this limitation, nothing
				is this Section shall be construed to limit the authority of the State Police
				or the Department to respond to public complaints of violations of the MCSR or
				to inspect a commercial motor vehicle, and records thereon, operating on the
				highways of Illinois. For the purpose of this Section, a public complaint is
				one in which the complainant identifies himself or herself and sets forth, in
				writing, the specific basis for their complaint against the motor
				carrier.
h) Nothing in this Section
				shall be construed to limit the authority of individuals, pursuant to this
				Section, to conduct searches of motor carriers pursuant to an issued and
				authorized search warrant.
i)
				Whenever any motor carrier who, having been informed by a person authorized to
				make inspections and examine records under this Section that that person
				desires to inspect records and the motor carrier's motor vehicles as authorized
				by this Section, refuses either to produce for that person records required to
				be kept by the MCSR or to permit such authorized person to make an inspection
				of motor vehicles in accordance with this Section, and having been advised of
				his right to refuse to produce records or to permit an inspection of motor
				vehicles at the time of inspection, the inspection shall be terminated or the
				inspection confined to areas concerning which no objection is raised. The
				representative shall endeavor to ascertain the reason for such refusal and
				shall immediately report the matter to the Director. If the Director desires to
				have an inspection and examination conducted, the Director may refer the matter
				to the Department's Office of Chief Counsel to take appropriate action,
				including issuance of a search warrant, if necessary. (Section 18b-102(c) of
				the Law)