Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 390.2000 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department incorporates by reference 49 CFR 390, 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 (b). No later
				amendments to or editions of 49 CFR 390 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) The following interpretations of,
				additions to and deletions from 49 CFR 390 shall apply for the purposes of this
				Subpart:
1)49 CFR 390.subpart A is deleted
				and not incorporated.
2)
										49 CFR
				390.9 is deleted and not
				incorporated.
3)
										49
				CFR 390.19 and
				49 CFR
				390.21 apply to the following:
A) Commercial motor vehicles engaged in
				interstate commerce; and
B)
				Commercial motor vehicles engaged in intrastate commerce if the carrier
				requires a safety permit as required by
				49 CFR
				385.403.
4) Commercial motor vehicles subject to the
				safety permit requirements of
				49 CFR
				385.403 and engaged in intrastate commerce
				prior to January 1, 2005 are excepted from
				49
				CFR 390.19(a)(1).
5)
										49 CFR
				390.23(a)(2)(i)(A) is not
				incorporated and the following is substituted:
An emergency has been declared by a Federal, State, or local
				  government official having authority to declare an emergency, including but not
				  limited to the Illinois Department of Transportation's Director, Division of
				  Traffic Safety, or his or her designee.
6)
										49 CFR
				390.39(b)(1) is deleted and
				not incorporated.
7)
										49
				CFR 390.40(a) and (b) do not
				apply to intermodal equipment providers who operate intermodal equipment in
				intrastate commerce.
8)
										49 CFR
				390.103(a)(1) is not
				incorporated and the following is substituted:
Be licensed, certified or registered in accordance with
				  applicable State laws and regulations to perform physical examinations. In
				  Illinois, the term includes doctors of medicine, doctors of osteopathy, doctors
				  of chiropractic, physician assistants who have been delegated the performance
				  of medical examinations by their supervising physicians, and advanced practice
				  nurses who have a written collaborative agreement with a collaborating
				  physician that authorizes them to perform physical
				  examinations.
9)49 CFR
				390.subpart E does not apply to commercial motor vehicles used in intrastate
				commerce.
10) Any reference to
				"this part" in the incorporated material shall mean 92 Ill. Adm. Code
				390.
11) Any reference to "this
				chapter" or "this subchapter" in the incorporated material shall mean 92 Ill.
				Adm. Code: Chapter I, Subchapter d.
12) Any reference to a section in the
				incorporated material shall be read to refer to that Section in the
				IMCSR.
13) Any reference to "part
				325 of subchapter A" shall be read to refer to "Compliance with Interstate
				Motor Carrier Noise Emission Standards" ( 49 CFR 325 ).