Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 385 - SAFETY FITNESS PROCEDURES › Subpart A - GENERAL REQUIREMENTS › Section 385.1010 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Applicable Safety Regulations or Requirements" means 49 CFR
				  chapter III, subchapter B - Federal Motor Carrier Safety Regulations or, if the
				  carrier is an intrastate motor carrier subject to the hazardous materials
				  safety permit requirements in subpart E of 49 CFR 385, 92 Ill. Adm. Code
				  Subchapter d: Motor Carrier Safety Regulations and 49 CFR chapter I, subchapter
				  C - Hazardous Materials Regulations.
"Commercial Motor Vehicle" means the same as the meaning
				  ascribed to it in 92 Ill. Adm. Code
				  390.1020, except
				  that Subpart B of this Part applies to intrastate motor carriers that transport
				  those hazardous materials listed in
				  49 CFR
				  385.403 and incorporated by reference at
				  Section
				  385.2000(a)
				  of this Part.
"Compliance Review" means an on-site examination of a motor
				  carrier's operations, such as the drivers' hours of service, maintenance and
				  inspection, driver qualification, commercial drivers license requirements,
				  financial responsibility, accidents, hazardous materials, and other safety and
				  transportation records to determine whether a motor carrier meets the safety
				  fitness standard. A compliance review may be conducted in response to a request
				  to change a safety rating, to investigate potential violations of safety
				  regulations by a motor carrier, or to investigate complaints or other evidence
				  of safety violations. The compliance review may result in the initiation of an
				  enforcement action. (
				  49 CFR
				  385.3 )
"Department" means the Illinois Department of
				  Transportation.
"Federal Motor Carrier Safety Administration" or "FMCSA"
				  means an agency within the United States Department of Transportation.
"Out-of-Service Order" means a prohibition against operating
				  a commercial motor vehicle.
"Pipeline and Hazardous Materials Safety Administration" or
				  "PHMSA" means the Pipeline and Hazardous Materials Safety Administration, U.S.
				  Department of Transportation, Washington, DC 20590. (
				  49 CFR
				  171.8 )
"Safety Management Controls" means the systems, policies,
				  programs, practices, and procedures used by a motor carrier to ensure
				  compliance with applicable safety and hazardous materials regulations, that
				  ensure the safe movement of products and passengers through the transportation
				  system, and to reduce the risk of highway accidents and hazardous materials
				  incidents resulting in fatalities, injuries, and property damage. (
				  49 CFR
				  385.3 )
"Safety Permit" means a document issued by the FMCSA 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 )
"Safety Ratings" means:
A satisfactory safety rating means that a motor carrier has
				  in place and functioning adequate safety management controls to meet the safety
				  fitness standards prescribed in
				  49 CFR
				  385.5. Safety management controls are
				  adequate if they are appropriate for the size and type of operation of the
				  particular motor carrier.
A conditional safety rating means a motor carrier does not
				  have adequate safety management controls in place to ensure compliance with the
				  safety fitness standard that could result in occurrences listed in
				  49 CFR 385.5(a) through
				  (k).
An unsatisfactory safety rating means a motor carrier does
				  not have adequate safety management controls in place to ensure compliance with
				  the safety fitness standard that has resulted in occurrences listed in
				  49 CFR 385.5(a) through
				  (k).
An unrated carrier means that a safety rating has not been
				  assigned to the motor carrier by the FMCSA. (
				  49 CFR
				  385.3 )