Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 391 - QUALIFICATION OF DRIVERS › Section 391.2000 - Incorporation by Reference of 49 CFR 391

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department hereby incorporates by
			 reference 49 CFR 391 as that part of the Federal Motor Carrier Safety
			 Regulations (FMCSR) (49 CFR subchapter B) was in effect on October 1, 2018,
			 subject only to the exceptions in subsection (c). No later amendments to or
			 editions of 49 CFR 391 are incorporated. Copies of 49 CFR 391 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 391.
c) The
			 following interpretations of, additions to, and deletions from 49 CFR 391 shall
			 apply for purposes of this Part.
1) Authorized
			 Illinois State Police shall place drivers out-of-service for any violation of
			 the Illinois Motor Carrier Safety Law (the 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.
			 Drivers of covered farm vehicles, as defined in 92 Ill. Adm. Code
			 390.1020 cannot
			 be placed out-of-service for violations of 49 CFR 391, subpart E.
2)
									49 CFR
			 391.11(b)(1) does not apply
			 to the operator of a commercial motor vehicle used in intrastate
			 commerce.
3)
Paragraphs
			 (b)(3) (insulin dependent diabetic) and (b)(10) (minimum visual acuity) of
			 49 CFR
			 391.41 shall not apply to the driver of a
			 commercial motor vehicle with a gross vehicle weight rating or gross
			 combination weight of over 12,000 lbs., used in the intrastate transportation
			 of property who immediately prior to July 29, 1986 was eligible and licensed to
			 operate a motor vehicle subject to the Illinois Motor Carrier Safety
			 Regulations (IMCSR) and was engaged in operating such vehicles, and who was
			 disqualified on July 29, 1986 by the adoption of 49 CFR 391 by reason of the
			 application of paragraphs (b)(3) and (b)(10) of
			 49 CFR
			 391.41 with respect to a physical condition
			 existing at that time unless such driver has a record of accidents which would
			 indicate a lack of ability to operate a motor vehicle in a safe
			 manner.
(Section 18b-105 of the Law)
4) Paragraphs (b)(3) (insulin dependent
			 diabetic) and (b)(10) (minimum visual acuity) of
			 49 CFR
			 391.41 shall not apply to the driver of a
			 commercial motor vehicle that either has a gross vehicle weight rating (GVWR)
			 or gross combination weight rating (GCWR) of between 10,000 and 12,001 pounds;
			 or that is designed to transport more than 15 passengers, including the driver;
			 or that has a GVWR or GCWR of less than 12,001 pounds and transports hazardous
			 materials in a quantity requiring placarding under the Illinois Hazardous
			 Materials Transportation Act [ 430 ILCS 30 ]. The vehicle must be used in
			 intrastate transportation. The driver must have been eligible and licensed to
			 operate a motor vehicle subject to the IMCSR and engaged in operating that
			 vehicle immediately prior to January 17, 1992. The driver must have been
			 disqualified on January 17, 1992 by the adoption of Public Act 87-829 that made
			 the IMCSR applicable to vehicles described in this subsection (c)(4). The
			 reason for disqualification must have been the application of paragraphs (b)(3)
			 and (b)(10) of
			 49 CFR
			 391.41 with respect to a physical condition
			 existing at that time. This exception does not apply to any driver who has a
			 record of accidents that would indicate a lack of ability to operate a motor
			 vehicle in a safe manner.
5)
									49 CFR
			 391.43(a) is not
			 incorporated and the following is substituted:
Except as provided by
				49 CFR
				391.43(b), the medical
				examination shall be performed by a licensed medical examiner as defined in 92
				Ill. Adm. Code 390.1020.
6)
			 If a medical examiner determines that the driver is qualified to drive only in
			 intrastate transportation due to the application of the provisions of
			 subsection (c)(3) or (c)(4), the following shall appear on the medical
			 examiner's certificate: "Qualified only for intrastate transportation in
			 Illinois."
7)
									49
			 CFR 391.49(a) is not
			 incorporated and the following is substituted:
A person who is not physically qualified to drive under 49 CFR
				391, and who is otherwise qualified to drive a commercial motor vehicle, may
				drive a commercial motor vehicle in interstate or intrastate transportation if
				the Division Administrator, FMCSA, has granted a Skill Performance Evaluation
				(SPE) Certificate to that person.
8)49 CFR 391, subpart E, Physical
			 Qualifications and Examinations, does not apply to drivers of covered farm
			 vehicles as defined in 92 Ill. Adm. Code 390.1020.