reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1150 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a respondent elects to request a hearing, he shall submit a written request to
				the Director. The request shall:
1) state the
				name and address of the respondent and of the person signing the request, if
				different from the respondent;
2)
				state with respect to each allegation whether it is admitted or denied;
				and
3) state the issues to be
				raised by the respondent at the hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1160 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a hearing
				is requested under Section
				386.1150 the
				Secretary shall appoint a presiding officer to convene and preside over the
				hearing. To the extent practicable, the hearing will be held near the place
				where the alleged violation occurred or at a place convenient to the
				respondent, provided that all such hearings shall be in Illinois. Testimony by
				witness shall be given under oath and the hearing shall be recorded
				verbatim.
b) The presiding officer
				may:
1) administer oaths and
				affirmations;
2) issue subpoenas as
				provided by Section
				386.1030;
3) adopt procedures, including the submission
				of evidence in written form;
4)
				take or cause depositions to be taken;
5) rule on offers of proof and receive
				relevant evidence;
6) examine
				witnesses at the hearing;
7)
				convene, recess, reconvene, adjourn and otherwise regulate the course of the
				hearing;
8) hold conferences for
				settlement, simplification of the issues or any other proper purpose;
				and
9) take any other action
				authorized by or consistent with the provisions of this Part pertaining to
				civil penalties and which may expedite the hearing or aid in the disposition of
				an issue raised therein.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1170 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) After consideration of the evidence of
				record, the presiding officer may dismiss the Notice of Probable Violation in
				whole or in part. If he does not dismiss it in whole, he will issue and serve
				on the respondent an order assessing a civil penalty. The order will include a
				statement of findings and conclusions as well as the reasons therefor on all
				material issues of fact, law, and discretion.
b) If, within 20 days after service of an
				order assessing a civil penalty, the respondent does not pay the civil penalty
				or file an appeal as provided in Section
				386.1190, the case shall
				be referred to the Illinois Attorney General with a request that an action to
				collect the penalty be brought in the appropriate Circuit Court.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1180 - Assessment Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				In assessing a civil penalty under the provisions of this Part, the assessment
				is made only after considering:
1) the nature
				and circumstances of the violation;
2) the extent and gravity of the
				violation;
3) the degree of the
				respondent's culpability;
4) the
				respondent's history of prior offenses;
5) the respondent's ability to pay;
				and
6) the effect on the
				respondent's ability to continue in business (Section 18b-107(b) of the
				Law).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1190 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Orders of
				dismissal and orders assessing civil penalties may be appealed to the
				Secretary. An appeal must be filed within 20 days of service of the presiding
				officer's order.
b) The decision of
				the Secretary on appeal shall be made on the record of the hearing, including
				all pleadings and the decision of the officer who presided at the hearing. No
				new or additional evidence shall be considered by the Secretary without a
				positive showing by the party presenting such evidence that the evidence was
				not available or, through due diligence, could not have been made available at
				the hearing. At the discretion of the Secretary, for clarification purposes,
				and upon reasonable notice of the parties, oral argument may be had on appeal.
				Any party requesting oral argument must detail in his petition for appeal the
				reasons for the request for argument.
c) If the Secretary affirms the assessment
				and the respondent does not pay the civil penalty within 35 days after service
				of the Secretary's decision on appeal and no complaint for administrative
				review has been filed, the case shall be referred to the Attorney General with
				a request that an action to collect the penalty be brought in the appropriate
				Circuit Court.
d) Petition for
				appeal shall detail the assailed findings and be confined to factual and legal
				issues which are essential to the ultimate and just determination of the
				proceeding. Petitions shall not exceed 10 pages in length, excluding a separate
				preface and summary of argument which shall not exceed three pages. A reply to
				the petition, if any, shall be filed within 20 days of receipt of the petition
				for appeal and shall meet requirements as to length and format.
e) The filing of the petition shall stay the
				effect of the prior decision, order or requirement pending the determination of
				the appeal.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1200 - Willful Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever it appears to the Department that a person has
				  engaged or is engaged in any act or practice constituting a willful violation
				  of any provision of the MCSR or of any settlement agreement or order issued
				  thereunder, the Secretaryshallrequest the Illinois Attorney General or State's
				  Attorney to bring an action in the appropriate Circuit Court for such relief as
				  is authorized by the Law. (Section 18b-108 of the Law).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1210 - Failure to Pay Civil Penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure of the respondent to pay all or a
				portion of a civil penalty under Section
				386.1120(b)(8),
				Section
				386.1130(c)
				or Section
				386.1170
				or a settlement agreement under Section
				386.1120(e)
				or Section
				386.1140(b)
				will result in the Department, without further notice to respondent, notifying
				the Illinois Secretary of State in writing or by electronic communication, no
				sooner than 30 days and no more than 40 days after that failure to pay, that
				respondent has not paid a civil penalty or a settlement agreement arising from
				a violation of the IMCSR. The Illinois Secretary of State may then suspend or
				revoke the registration of vehicles that are owned by the respondent or,
				regardless of ownership, that were the subject of violations of the IMCSR for
				which a civil penalty or settlement agreement remains unpaid.
b) An order to pay a civil penalty or a
				settlement agreement will include a provision that failure to pay all or a
				portion of the civil monetary penalty or settlement agreement will result in
				the Department, without further notice to respondent, notifying the Illinois
				Secretary of State that the respondent has not paid a civil penalty or a
				settlement agreement arising from a violation of the IMCSR and that the
				Illinois Secretary of State may then suspend or revoke the registration of
				vehicles that are owned by respondent or, regardless of ownership, that were
				the subject of violations of the IMCSR for which a civil penalty or settlement
				agreement remains unpaid.
c) Within
				three business days after the respondent paying a civil penalty or settlement
				agreement that was the subject of a notice to the Illinois Secretary of State
				under subsection (a) of this Section, the Department will notify the Secretary
				of State that the civil penalty or settlement agreement has been
				paid.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1300 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart C applies to vehicles that are not subject to 92 Ill. Adm. Code
				383 (i.e., operators required to obtain a commercial driver's license cannot
				qualify for this public utility exemption).
b) Drivers who operate utility service
				vehicles, as defined in 92 Ill. Adm. Code
				390.1020, are
				exempt from the provisions of 92 Ill. Adm. Code 395. (See 92 Ill. Adm. Code
				395.1000(b).)
				(See
				49 CFR
				395.1(n).) Drivers of
				utility service vehicles seeking relief from the hours of service requirements
				in 92 Ill. Adm. Code 395 are not required to follow the procedures contained in
				this Subpart C.
c) This Subpart C
				prescribes procedures by which a public utility, as defined in Section
				386.1010 and that is
				not subject to the FMCSR, may obtain administrative relief from 92 Ill. Adm.
				Code 390, 392, 393, 396 and 397 in the form of an exemption. Exemptions
				provided for in this Subpart C will be granted only when they insure levels of
				safety consistent with the public interest, with the IMCSR, and with the
				tolerance guidelines established in 49 CFR 350, appendix C.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1310 - Exemptions for a Public Utility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only those intrastate public utility
				commercial motor vehicles and their drivers that meet the requirements of this
				Subpart C are eligible for an exemption.
b) Upon application, public utility
				commercial motor vehicles operated solely in intrastate commerce as defined in
				92 Ill. Adm. Code
				390.1020 with a
				gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of
				26,000 pounds or less and that are not either designed to transport more than
				15 passengers, including the driver, or used to transport hazardous materials
				in an amount requiring placarding, will be considered for an exemption from the
				Illinois Motor Carrier Safety Regulations with the exception of 92 Ill. Adm.
				Code 391 - Qualification of Drivers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1330 - Renewals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each application
				for the renewal of an exemption issued under this Subpart C must be filed prior
				to the expiration of the exemption. To permit timely consideration, an
				application for renewal should be submitted at least 60 calendar days before
				the expiration of the exemption. An exemption that is allowed to lapse will not
				be considered a renewal. Initial application procedures as outlined in Section
				386.1320
				will apply in the case of lapsed exemptions. The exemption of an applicant that
				has timely filed an application for renewal will continue pending the
				consideration of the renewal.
b)
				Each application for the renewal of an exemption issued under this Subpart C
				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) Identify the exemption for which a renewal
				is requested;
3) State the name,
				address and telephone number of the applicant;
4) Include:
A) A certification by the applicant that the
				information submitted in the original application, or as may have been updated
				by any subsequent application for renewal, is accurate and correct;
				or
B) Such amendments to the
				previously submitted information as is necessary to update it and assure its
				accuracy and correctness;
5) Include a statement describing all
				accident experience that has occurred in connection with the exemption since
				its issuance or most recent renewal, or, if no accidents have occurred, a
				certification to that effect. (See 92 Ill. Adm. Code
				390.1020 for the
				definition of accident.)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1340 - Expiration and Termination of an Exemption

Current through Register Vol. 48, No. 28, July 12, 2024
a) An exemption and any renewal expires
				according to its terms but not later than two years after the date of issuance
				unless terminated sooner pursuant to subsection (b) of this Section.
b) The Director, or his/her designated
				officer, may terminate an exemption if the Director, or his/her designated
				officer, obtains any information evidencing that:
1) Any activity under the exemption is not
				being performed in accordance with the terms of the exemption or this Subpart
				C; or
2) On the basis of
				information not available at the time the exemption was granted, a termination
				of the exemption is necessary to adequately protect against risks to life and
				property; or
3) The exemption is no
				longer consistent with the public interest; or
4) The exemption is no longer necessary
				because of an amendment to the Illinois Motor Carrier Safety Regulations;
				or
5) The exemption was granted on
				the basis of false, fraudulent, or misleading representations or information by
				the applicant in an application.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart C - PUBLIC UTILITY EXEMPTIONS › Section 386.1350 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any applicant
				for an exemption or renewal of an exemption believing that it has wrongly been
				denied or a firm holding an exemption that has been terminated may, within 30
				calendar days after receiving the written letter advising it of that decision
				from the Division, file a written appeal with the Secretary stating areas of
				disagreement and providing evidence, if possible, to rebut the Department's
				decision.
b) This appeal shall be
				directed to:
Secretary
Illinois Department of Transportation
2300 South Dirksen Parkway, Room 300
Springfield, Illinois 62764
c) The Secretary will affirm or revise, in
				writing, the initial determination within 30 calendar days after having
				received the appeal. Once the Secretary has made a final decision, that
				decision goes into effect immediately.
d) The firm will be notified in writing of
				the Secretary's decision.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS › Section 387.1000 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the minimum level of financial
				responsibility required to be maintained by for-hire motor carriers of
				passengers and property operating motor vehicles in interstate commerce. This
				Part also prescribes the minimum level of financial responsibility to be
				maintained by for-hire and not-for-hire motor carriers transporting hazardous
				materials, hazardous substances, or hazardous wastes in intrastate and
				interstate commerce. Finally, this Part creates additional incentives for motor
				carriers to maintain and operate their vehicles in a safe manner and to assure
				that they maintain appropriate levels of financial responsibility for motor
				vehicles operated on Illinois highways.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS › Section 387.1050 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to for-hire motor carriers operating motor vehicles transporting
			 property in interstate commerce.
b)
			 This Part applies to motor carriers operating motor vehicles transporting
			 hazardous materials, hazardous substances, or hazardous wastes in interstate or
			 intrastate commerce.
c) Exceptions:
1) This Part does not apply to a motor
			 vehicle that has a gross vehicle weight rating (GVWR) of less than 10,000
			 pounds. This exception does not apply if the vehicle is used to transport any
			 quantity of a Division
			 1.1, 1.2, or
			 1.3 material, any
			 quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I,
			 Hazard Zone A, or to a highway route controlled quantity of a Class 7 material
			 as it is defined in
			 49
			 CFR 173.403, in interstate
			 commerce.
2) This Part does not
			 apply to the transportation of non-bulk oil or non-bulk hazardous materials,
			 substances, or wastes in intrastate commerce, except that this Part does apply
			 to the transportation of a highway route controlled quantity of a Class 7
			 material as defined in
			 49
			 CFR 173.403, in intrastate commerce. (
			 49
			 CFR 387.3, October 1, 2006)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS › Section 387.2000 - Incorporation by Reference of 49 CFR 387

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates by reference
			 49 CFR 387 as that part of the Federal Motor Carrier Safety Regulations (FMCSR)
			 ( 49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395,
			 396 and 397) was in effect on October 1, 2014, as amended at 80 FR 18146, April
			 3, 2015. No later amendments to or editions of 49 CFR 387 are incorporated.
			 Copies of the appropriate material are available from the Division of Traffic
			 Safety, 1340 N. 9th Street, Springfield, Illinois
			 62702 or by calling 217/785-1181. The FMCSR are available on the National
			 Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The
			 Division of Traffic Safety's rules are available on the Department's website at
			 http://www.dot.il.gov/safety.html.
b) References to subchapters, parts,
			 subparts, sections or paragraphs shall be read to refer to the appropriate
			 citation in 49 CFR.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 390.1000 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes general applicability, definitions,
				  general requirements and information as they pertain to persons subject to the
				  Illinois Motor Carrier Safety Law (Law) [625 ILCS 5 /Ch. 18B]. The Illinois
				  Motor Carrier Safety Regulations (IMCSR) consist of 92 Ill. Adm. Code 340, 380,
				  382, 383, 385, 386, 387, 390, 391, 392, 393, 395, 396 and
				  397.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 390.1010 - General Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All Parts of the IMCSR except for "Transportation of Hazardous Materials;
				Driving and Parking" (92 Ill. Adm. Code 397) are applicable to:
Persons employing drivers, drivers and commercial
				  motor vehicles which transport property or passengers in interstate or
				  intrastate commerce.
(Section 18b-106 of the Law)
b) 92 Ill. Adm. Code 397 applies to any
				employer, employee or motor carrier engaged in the transportation of hazardous
				materials by a motor vehicle that must be marked or placarded in accordance
				with "Carriage by Public Highway" (
				49 CFR
				177.823 ) and to:
1) Each officer or employee of the carrier
				who performs supervisory duties related to the transportation of hazardous
				materials; and
2) Each person who
				operates or who is in charge of a motor vehicle containing hazardous
				materials.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 390.1030 - Rules of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the IMCSR unless the context requires otherwise:
1) Words imparting the singular include the
				plural;
2) Words imparting the
				plural include the singular; and
3)
				Words imparting the present tense include the future tense. (
				49 CFR
				390.7 )
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 391 - QUALIFICATION OF DRIVERS › Section 391.1000 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part establishes the minimum qualifications for persons who drive
			 commercial motor vehicles.
b) This
			 Part does not apply to a farm vehicle driver except a farm vehicle driver who
			 drives an articulated (combination) motor vehicle that has a gross weight,
			 including its load, of more than 10,000 pounds. (For limited exemptions for
			 farm vehicle drivers of heavier articulated vehicles see
			 49
			 CFR 391.67.) This Part does not apply to the
			 driver of any intrastate articulated vehicle that meets the definition of
			 special agricultural movement equipment, farm machinery or implement of
			 husbandry as defined in 92 Ill. Adm. Code
			 390.1020.
AGENCY NOTE: See Section
				  391.2000(c)(8)
				  for covered farm vehicle exemption.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 392 - DRIVING OF COMMERCIAL MOTOR VEHICLES › Section 392.1000 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the requirements for the management,
				maintenance, operation, or driving of motor vehicles, or the hiring,
				supervising, training, assigning, or dispatching of drivers in
				Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 392 - DRIVING OF COMMERCIAL MOTOR VEHICLES › Section 392.2000 - Incorporation by Reference of 49 CFR 392

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Driving of Commercial Motor Vehicles" (
			 49 CFR 392 ) is incorporated by reference as that part of the Federal Motor
			 Carrier Safety Regulations (FMCSR) ( 49 CFR 380, 382, 383, 385, appendix B of
			 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1,
			 2014. No later amendments to or editions of 49 CFR 392 are incorporated. Copies
			 of the appropriate material are available from the Division of Traffic Safety,
			 1340 N. 9th Street, Springfield, Illinois 62702 or
			 by calling 217/785-1181. The FMCSR are available on the National Archives and
			 Records Administration's website at http://ecfr.gpoaccess.gov. The Division of
			 Traffic Safety's rules are available on the Department's website at
			 http://www.dot.il.gov/safety.html.
b) References to subchapters, parts,
			 subparts, sections or paragraphs shall be read to refer to the appropriate
			 citation in the FMCSR.
c) The
			 following addition to 49 CFR 392 shall apply for purposes of this Part.
Authorized Illinois State Police shall place drivers
				out-of-service for any violation of the Illinois Motor Carrier Safety Law [625
				ILCS 5 /Ch. 18B] or the Illinois Motor Carrier Safety Regulations that warrants
				placing the driver out-of-service under the "North American Uniform
				Out-of-Service Criteria" as defined at 92 Ill. Adm. Code
				390.1020.
d)
								49 CFR 392.9a
			 (Operating authority) is not incorporated and the following is substituted
			 therefor:
1) Registration required. A motor
			 vehicle providing transportation requiring registration under
			 49 USC
			 13902 may not be operated without the
			 required registration or operated beyond the scope of its
			 registration.
2) Penalties. Every
			 motor vehicle providing transportation requiring registration under
			 49 USC
			 13902 shall be ordered out-of-service if
			 determined to be operating without registration or beyond the scope of its
			 registration. In addition, the motor carrier may be subject to penalties in
			 accordance with
			 49 USC
			 14901.
3) Driver compliance. Upon the issuance of
			 the out-of-service order under subsection (d)(2), the driver shall comply
			 immediately with the order.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 393 - PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION › Section 393.2000 - Incorporation by Reference of 49 CFR 393

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Parts and Accessories Necessary for Safe
			 Operation" ( 49 CFR 393 ) is incorporated by reference as that part of the
			 Federal Motor Carrier Safety Regulations (FMCSR) ( 49 CFR 380, 382, 383, 385,
			 appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on
			 October 1, 2014, subject only to the exceptions in subsection (c). No later
			 amendments to or editions of 49 CFR 393 are incorporated. Copies of the
			 appropriate material are available from the Division of Traffic Safety, 1340 N.
			 9th Street, Springfield, Illinois 62702 or by
			 calling 217/785-1181. The FMCSR are available on the National Archives and
			 Records Administration's website at http://ecfr.gpoaccess.gov. The Division of
			 Traffic Safety's rules are available on the Department's website at
			 http://www.dot.il.gov/safety.html.
b) References to subchapters, parts,
			 subparts, sections or paragraphs shall be read to refer to the appropriate
			 citation in 49 CFR.
c) The
			 following interpretations of, additions to, and deletions from 49 CFR 393 shall
			 apply for purposes of this Part.
1) 49 CFR
393.86 shall not apply for those vehicles registered as farm trucks
			 under Section 3-815(c) of the Illinois Vehicle Code
[625
			 ILCS 5/3-815(c) ]
and
			 utilized in intrastate commerce
(Section 18b-105(c)(2) of the Illinois
			 Motor Carrier Safety Law (the Law) [625
			 ILCS 5/18b-105(c)(2) ]).
2) 49 CFR
393.93 shall not apply to
			 those commercial motor vehicles engaged in intrastate commerce
that
were manufactured before June 30, 1972
(Section 18b-105(c)(1)
			 of the Law).
3) Authorized Illinois
			 State Police shall place vehicles out-of-service for any violation of the Law
			 or the Illinois Motor Carrier Safety Regulations that warrants placing the
			 vehicle out-of-service under the "North American Uniform Out-of-Service
			 Criteria" as defined at 92 Ill. Adm. Code
			 390.1020.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 395 - HOURS OF SERVICE OF DRIVERS › Section 395.1000 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part prescribes the hours of service requirements for drivers of
			 commercial motor vehicles in Illinois.
b) This Part does not apply to:
1) Drivers of utility service vehicles or of
			 covered farm vehicles.
2) Farm to
			 market agricultural transportation that is engaged in intrastate
			 commerce.
3) Grain hauling
			 operations that are engaged in intrastate commerce within a 200 air mile radius
			 of the normal work reporting location.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 395 - HOURS OF SERVICE OF DRIVERS › Section 395.1500 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) All employees of
			 the Illinois State Police that are trained and certified to conduct commercial
			 vehicle inspections are authorized to declare a driver out of service,
			 consistent with their level of certification, and to notify the motor carrier
			 of that declaration. Notification to the motor carrier is accomplished when the
			 Illinois State Police presents the Driver/Vehicle Inspection (Examination)
			 Report to the driver.
b)
Only the Illinois State Police shall enforce the rules and regulations
			 issued under Chapter
18b of the Illinois Vehicle Code
against
			 drivers.
The Department and the Illinois State Police shall
			 enforce the rules and regulations issued under Chapter
18b
against persons other than drivers.
(Section 18b-109 of the
			 Illinois Motor Carrier Safety Law (the Law))
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 395 - HOURS OF SERVICE OF DRIVERS › Section 395.2000 - Incorporation by Reference of 49 CFR 395

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Hours of Service of Drivers" (49 CFR 395)
			 is incorporated by reference as that part of the Federal Motor Carrier Safety
			 Regulations (FMCSR) (49 CFR Subchapter B) was in effect on October 1, 2019, as
			 amended by 85 FR 33396 (June 1, 2020), subject only to the exceptions in
			 subsection (c). No later amendments to or editions of 49 CFR 395 are
			 incorporated. Copies of 49 CFR 395 are available for inspection at 2300 South
			 Dirksen Parkway, Springfield, Illinois 62764 or by calling (217)785-1181. The
			 incorporated CFR may also be accessed via the U.S. Government Publishing
			 Office's website at
http://www.ecfr.gov
.
b) References to subchapters, parts,
			 subparts, sections, or paragraphs shall be read to refer to the appropriate
			 citation in 49 CFR.
c)
								49 CFR
			 395.1(h) and
			 395.1(i)
			 are not incorporated.
d)
A
			 contract carrier shall limit the hours of service by a driver transporting
			 employees in the course of their employment on a road or highway of this State
			 in a vehicle designed to carry 15 or fewer passengers to 12 hours of vehicle
			 operation per day, 15 hours of on-duty service per day, and 70 hours of on-duty
			 service in 7 consecutive days. The contract carrier shall require a driver who
			 has 12 hours of vehicle operation per day or 15 hours of on-duty service per
			 day to have at least 8 consecutive hours off duty before operating a vehicle
			 again.
(Section 18b-106.1 of the Law) If the driver drives over 12
			 hours per day or performs more than 15 hours of on-duty service per day, the
			 driver must complete a log book for that day.
AGENCY NOTE: See 92 Ill. Adm. Code 386, Subpart C: Public
				  Utility Exemptions, for provisions relating to possible exemptions from 92 Ill.
				  Adm. Code 390, 392, 393, 396 and 397 for applicable intrastate public utility
				  commercial motor vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 396 - INSPECTION, REPAIR AND MAINTENANCE › Section 396.1000 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part prescribes the requirements for the inspection, repair and
			 maintenance of commercial motor vehicles in Illinois.
b) This Part does not apply to covered farm
			 vehicles (as defined in 92 Ill. Adm. Code
			 390.1020 ) that
			 are used in interstate commerce.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 396 - INSPECTION, REPAIR AND MAINTENANCE › Section 396.2000 - Incorporation by Reference of 49 CFR 396

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates "Inspection,
			 Repair and Maintenance" ( 49 CFR 396 ) by reference, as that part of the
			 Federal Motor Carrier Safety Regulations (FMCSR) ( 49 CFR 380, 382, 383, 385,
			 appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on
			 October 1, 2014, subject only to the exceptions in subsection (c). No later
			 amendments to or editions of 49 CFR 396 are incorporated. Copies of the
			 appropriate material are available from the Division of Traffic Safety, 1340 N.
			 9th Street, Springfield, Illinois 62702 or by
			 calling 217/785-1181. The FMCSR are available on the National Archives and
			 Records Administration's website at http://ecfr.gpoaccess.gov. The Division of
			 Traffic Safety's rules are available on the Department's website at
			 http://www.dot.il.gov/safety.html.
b) References to subchapters, parts,
			 subparts, sections or paragraphs shall be read to refer to the appropriate
			 citation in 49 CFR.
c) The
			 following interpretations of, additions to and deletions from 49 CFR 396 shall
			 apply for purposes of this Part.
1)
									49
			 CFR 396.9 is deleted and not
			 incorporated.
2) Any commercial
			 motor vehicle used in intrastate commerce that is inspected semi-annually
			 pursuant to Section 13-109 of the Illinois Vehicle Code (the Code)
			 [625
			 ILCS 5/13-109 ] has complied with the periodic
			 inspection procedures required by
			 49 CFR
			 396.17.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 396 - INSPECTION, REPAIR AND MAINTENANCE › Section 396.2010 - Inspection of Vehicles in Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Personnel Authorized to Perform
			 Inspections. The Illinois State Police are authorized to enter upon and perform
			 commercial vehicle inspections (as defined in 92 Ill. Adm. Code
			 390.1020 ) of
			 motor carrier vehicles in operation.
b) Prescribed Inspection Report. The Illinois
			 Commercial Driver/Vehicle Inspection Report (ISP 5-238) shall be used to record
			 results of motor vehicle inspections conducted by Illinois State Police
			 personnel.
c) Motor Vehicles
			 Declared "Out-of-Service"
1) Authorized
			 Illinois State Police personnel shall declare and mark "out-of-service" any
			 motor vehicle which meets the "North American Uniform Out-of-Service Criteria"
			 as defined at 92 Ill. Adm. Code 390.1020. An "out-of-service" vehicle sticker
			 shall be used to mark vehicles "out-of-service".
2) No motor carrier shall require or permit
			 any person to operate nor shall any person operate any motor vehicle declared
			 and marked, "out-of-service" until all repairs required by the "out-of-service
			 notice" have been satisfactorily completed. The term "operate" as used in this
			 subsection (c)(2) shall include towing the vehicle, except that vehicles marked
			 "out-of-service" may be towed away by means of a vehicle using a crane or
			 hoist. A vehicle combination consisting of the emergency towing vehicle and an
			 "out-of-service" vehicle shall not be operated until the combination meets the
			 performance requirements of the Illinois Motor Carrier Safety Regulations
			 (IMCSR) (92 Ill. Adm. Code: Chapter I, Subchapter d) except for those
			 conditions noted on the ISP 5-238.
3) No person shall remove the "out-of-service
			 vehicle" sticker from any motor vehicle prior to completion of all repairs
			 required by the "out-of-service notice."
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING › Section 397.1010 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to each motor carrier engaged in the transportation of hazardous
			 materials by a motor vehicle which must be marked or placarded in accordance
			 with "Carriage by Public Highway" (
			 49 CFR
			 177.823 ) and to:
1) Each officer or employee of the motor
			 carrier who performs supervisory duties related to the transportation of
			 hazardous materials; and
2) Each
			 person who operates or who is in charge of a motor vehicle containing hazardous
			 materials.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING › Section 397.1020 - Incorporation By Reference of 49 CFR 397

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates
			 "Transportation of Hazardous Materials; Driving and Parking" ( 49 CFR 397 ) by
			 reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR)
			 ( 49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395,
			 396 and 397) was in effect on October 1, 2014, subject only to the exceptions
			 in subsections (b) and (c). No later amendments to or editions of 49 CFR 397
			 are incorporated. Copies of the appropriate material are available from the
			 Division of Traffic Safety, 1340 N. 9th Street,
			 Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available
			 on the National Archives and Records Administration's website at
			 http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available
			 on the Department's website at http://www.dot.il.gov/safety.html.
b)
								49 CFR
			 397.1 is deleted and not
			 incorporated.
c)
								49 CFR
			 397.2 is deleted and not
			 incorporated.
d) References to
			 subchapters, parts, subparts, sections or paragraphs shall be read to refer to
			 the appropriate citation in 49 CFR.
e) The following addition to 49 CFR 397 shall
			 apply for purposes of this Part.
Authorized Illinois State Police shall place drivers
				out-of-service for any violation of the Illinois Motor Carrier Safety Law [625
				ILCS 5 /Ch. 18B] or the Illinois Motor Carrier Safety Regulations that warrants
				placing the driver out-of-service under the "North American Uniform
				Out-of-Service Criteria" as defined at 92 Ill. Adm. Code
				390.1020.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 426 - BICYCLE REFLECTOR SPECIFICATIONS › Section 426.30 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the quality and performance standards for
				reflectors and reflective materials used on bicycles and bicycle pedals that
				are required by Section 11-1507 of the Illinois Vehicle Code.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 426 - BICYCLE REFLECTOR SPECIFICATIONS › Section 426.50 - Performance and Testing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to the visibility requirements
			 of Section 11-1507 of the Illinois Vehicle Code, all bicycle pedal, rear, and
			 side reflectors or reflective materials shall conform to the applicable
			 performance and testing requirements of 16 CFR 1512 (January 1,
			 2018).
b) The material incorporated
			 in this Section is incorporated as of the date indicated and includes no later
			 amendments or editions. Copies of the CFR may be obtained at the Department of
			 Transportation, 2300 South Dirksen Parkway, Springfield IL 62764 or online via
			 the Government Publishing Office's website at
http://www.ecfr.gov
.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Section 428.10 - General

Current through Register Vol. 48, No. 28, July 12, 2024
These rules supplement and comply with statutory
				requirements.
a) Effective Date: These
			 rules take effect January 1, 1973.
b) Authority: These rules are established
			 pursuant to the provisions of Section 12-405 of the Illinois Vehicle
			 Code.
c) Purpose: These rules are
			 established to facilitate compliance with the provisions of Section 12-405
			 concerning the sale, lease, installation, or use of unsafe tires and, thereby,
			 to lessen the dangers of vehicle operation on the streets and highways of this
			 State.
d) Scope: These rules set
			 forth precepts, criteria, and standards for use in determining, by visual
			 inspection, whether a tire shall be considered to be unsafe. Descriptions or
			 examples of damage, deterioration, markings, lack of markings, tread
			 conditions, and wear are included. Also included are summaries of statutory
			 requirements and enforcement procedures.
e) Application: These rules apply to any
			 passenger car tire listed either in the tables of Appendix A included herewith
			 or in future revisions of these tables issued by the Director of the Office of
			 Transportation Safety in the Illinois Department of Transportation.
1) These rules do not apply to any tire on a
			 wrecked, damaged, disabled, or impounded vehicle being towed to a repair,
			 collection, salvage, holding, or storage location either with a driver in the
			 towed vehicle or by means of a vehicle, such as a wrecker, designed and
			 equipped for this special use.
2)
			 These rules do not apply to a spare tire.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Section 428.20 - Unsafe Conditions of Tires

Current through Register Vol. 48, No. 28, July 12, 2024
A tire is considered to be unsafe if it exhibits any one of the
				following conditions or any combination of these conditions.
a) EXPOSED PLY OR CORD. A ply or cord is
			 exposed when any portion of the ply or cord material can be seen by the person
			 inspecting the tire. If parting or lifting the edge(s) of a crack, cut, snag,
			 flap, or other tire surface interruption allows ply or cord material to be
			 seen, the ply or cord is exposed.
b) BULGE, KNOT OR SEPARATION IN EITHER
			 SIDEWALL OR TREAD AREA. These conditions indicate deterioration or internal
			 damage of the tire structure. A bulge or knot usually indicates cord, sidewall,
			 and/or tread separation, often accompanied by or caused by seepage of
			 compressed air through the tire structure. A tire with any other condition that
			 shows separation in sidewall or tread area or with any knot or bulge not
			 accompanied by evidence of separation also shall be considered to be
			 unsafe.
c) A MARKING THAT INDICATES
			 THE TIRE IS NOT INTENDED FOR USE ON PUBLIC STREETS OR HIGHWAYS. Some examples
			 are: "Unsafe for highway use", "Not for highway use", "For racing purposes
			 only", and "For beach use." These or other markings might be applied by
			 branding, cementing, cutting, molding, vulcanizing, or otherwise generating or
			 affixing depressed or raised letters, numerals, or other suitable characters,
			 into or onto a tire, either when the tire is manufactured or subsequent to
			 manufacture. Other examples and descriptions are given in Appendix B.
d) ABSENCE OF A READABLE MARKING SHOWING THE
			 SIZE DESIGNATION OF A TIRE OR ABSENCE OF A READABLE MARKING SHOWING THE
			 RELATIVE LOAD CARRYING ABILITY OF THE TIRE.
1) These markings are needed to minimize
			 installation and use of tires of incorrect size or load carrying ability. Tire
			 size markings are shown in Appendix A. Relative load carrying ability markings
			 are:
Load
Range
Ply or
Ply Rating
Maximum
Inflation Pressure
B
4
32 psi*
C
6
36 psi
D
8
40 psi
*Pounds per square inch
2) The
			 markings shown on each horizontal line in the above table indicate equivalent
			 relative load carrying ability. The presence of any one of the three types,
			 together with a size marking, is satisfactory.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Section 428.30 - Tire Mounted on Vehicle Offered for Sale or For Lease

Current through Register Vol. 48, No. 28, July 12, 2024
Under the provisions of (d)5 in Section 12-405 of the Illinois
				Vehicle Code, a tire mounted on a vehicle being offered for sale or for lease
				may not exhibit a tread groove depth, or depth of tread, less than 
				3/32 of an
				inch.
a) Such a tire is in violation
			 of this provision when any tread wear indicator is less than 
			 1/32 of an inch
			 below the tread outer surface.
b)
			 Such a tire is in violation of this provision when a tread groove measures less
			 than 
			 3/32 of an inch in
			 depth at any location.
c) The rules
			 stated in Section
			 428.30(a)
			 and (b), above, apply only while the vehicle
			 is being offered for sale or for lease. The rules given in Section
			 428.20, above, also
			 apply during such offer and at other times.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Section 428.40 - Use, Installation, Sale, or Lease of Unsafe Tire

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 12-405 of the Illinois Vehicle
			 Code provides that no person or organization shall drive or move or cause to be
			 driven or to be moved on the public streets or highways of this State any
			 vehicle equipped with one or more passenger car tires considered to be unsafe,
			 except that tires on certain towed vehicles are exempt (See Section
			 428.10(e)(1),
			 above).
b) Section 12-405 also
			 provides that no person or organization shall sell or lease or offer for sale
			 or lease, or mount or install, or cause to be mounted or to be installed for
			 use on the public streets or highways of this State any passenger car tire
			 considered to be unsafe, and provides that a person offering a vehicle for sale
			 or for lease shall correct any unsafe tire condition before the vehicle is
			 driven or moved on a public street or highway.
c) The rules set forth herein are to be used
			 in determining whether a tire is unsafe.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Section 428.50 - Compliance and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Section 12-405 of the Illinois Vehicle Code provides that any
				police officer, upon reasonable cause to believe a statutory provision shown in
				Section
				428.40,
				above, has been violated, shall require the appropriate person or organization
				to submit the tire(s) to an inspection. A vehicle driver must stop at a
				location designated by a police officer and permit tires to be inspected. Also,
				a vehicle driver must move the vehicle to a reasonably convenient and suitable
				location when, in the judgment of the officer, such action is essential to the
				completion of an efficient and safe inspection of the tires.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 428 - UNSAFE OPERATING CONDITIONS OF PASSENGER CAR TIRES › Appendix B - Examples, Explanations, Descriptions and Other Information

Current through Register Vol. 48, No. 28, July 12, 2024
(This Appendix will be published when the requisite information
				is available and properly prepared for presentation and use. It will contain
				examples, explanations, descriptions, and other information or data to
				supplement those portions of Section
				428.20 of this Part
				that refer to Appendix B.)
The Department of Transportation, as of this date, has not
				  published this Appendix and currently has no plans to do
				  so.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 435 - MINIMUM SAFETY STANDARDS FOR CONSTRUCTION OF MULTIFUNCTION SCHOOL ACTIVITY BUSES › Section 435.10 - Purpose, Scope and Implementation Date

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the requirements of the Illinois
				Department of Transportation (Department) governing the construction of
				multifunction school activity buses (MFSAB) that are manufactured on or after
				July 1, 2012. These standards are applicable to MFSAB that are owned or
				operated by, or for, public school districts, private schools or school
				transportation contractors.