reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 173 - SHIPPERS GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS › Section 173.3000 - Incorporation by Reference of 49 CFR 173

Current through Register Vol. 48, No. 28, July 12, 2024
a) As Part 173 of the Illinois Hazardous
			 Materials Transportation Regulations, the Department incorporates 49 CFR 173 by
			 reference, as that part of the federal hazardous materials transportation
			 regulations was in effect on October 1, 2017, subject only to the exceptions in
			 subsection (b) of this Section. No later amendments to or editions of 49 CFR
			 173 are incorporated.
b) The
			 following interpretations of, additions to, and deletions from 49 CFR 173 shall
			 apply for purposes of this Part.
1) All
			 references to "this part" in the incorporated federal regulations shall mean
			 this Part 173 of the Illinois Hazardous Materials Transportation
			 Regulations.
2) All references to
			 "this chapter" or "this subchapter" in the incorporated federal regulations
			 shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the
			 regulations in the incorporated federal regulations shall be read to refer to
			 that Section in the Illinois Hazardous Materials Transportation
			 Regulations.
4) All references to
			 part 174, 175, or 176, or to sections in those Parts, shall be read to refer to
			 those parts or sections in the federal hazardous materials transportation
			 regulations.
5) All references to
			 shipment of hazardous materials by air, water, and rail are incorporated for
			 reference purposes only for those persons contemplating intermodal movements of
			 hazardous materials.
6)
									49
			 CFR 173.8(d)(3) is not
			 incorporated by reference and is replaced by the following:
A non-specification metal tank having a capacity of less than
				450 liters (119 gallons) is authorized in Illinois for the transportation of
				flammable liquid petroleum products by an intrastate motor carrier subject to
				the following conditions:
A)
			 Containers shall be tanks constructed of 18 gauge or heavier steel or
			 equivalent gauge aluminum.
B) Tanks
			 shall be securely fastened to prevent separation from the vehicle.
C) Tanks shall be electrically bonded to the
			 frame of the vehicle.
D) Tanks
			 shall be protected against leakage or damage in the event of a
			 turnover.
E) Tanks may not be
			 drained by gravity. Top mounted pumps must be designed and labeled for use with
			 flammable and combustible liquids. No top mounted pump shall be higher than the
			 highest point of the vehicle or permanently attached appurtenances (i.e., roll
			 bars).
F) Flammable liquid
			 petroleum products being transported on a single vehicle may not exceed 450
			 liters (119 gallons).
G) Flammable
			 liquid petroleum product is offered for transportation and transported in
			 conformance with all other applicable requirements of this
			 Subchapter.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 177 - CARRIAGE BY PUBLIC HIGHWAY › Section 177.2000 - Incorporation by Reference of 49 CFR 177

Current through Register Vol. 48, No. 28, July 12, 2024
a) As Part 177 of the Illinois Hazardous
			 Materials Transportation Regulations, the Department incorporates 49 CFR 177 by
			 reference, as that part of the federal hazardous materials transportation
			 regulations was in effect on October 1, 2017, subject only to the exceptions in
			 subsection (b) of this Section. No later amendments to or editions of 49 CFR
			 177 are incorporated.
b) The
			 following interpretations of, additions to, and deletions from 49 CFR 177 shall
			 apply for purposes of this Part.
1) All
			 references to "this part" in the incorporated federal regulations shall mean
			 this Part 177 of the Illinois Hazardous Materials Transportation
			 Regulations.
2) All references to
			 "this chapter" or "this subchapter" in the incorporated federal regulations
			 shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the
			 regulations in the incorporated federal regulations shall be read to refer to
			 that Section in the Illinois Hazardous Materials Transportation
			 Regulations.
4) All references to
			 part 174, 175, or 176, or to sections in those parts, shall be read to refer to
			 those parts or sections in the federal hazardous materials transportation
			 regulations.
5) All references to
			 shipment of hazardous materials by air, water, and rail are incorporated for
			 reference purposes only for those persons contemplating intermodal movements of
			 hazardous materials.
6) All
			 references to motor vehicles engaged in interstate commerce shall be deemed to
			 include any motor vehicle engaged in commerce within the State of
			 Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.100 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 prescribes the manufacturing and testing specifications for packaging and
			 containers used for the transportation of hazardous materials in
			 Illinois.
b) This Part is a
			 component of 92 Ill. Adm. Code Subchapter c, the Illinois Hazardous Materials
			 Transportation Regulations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.200 - Incorporation by Reference of 49 CFR 178

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section incorporates by reference 49
			 CFR 178 (October 1, 2017) of the federal hazardous materials transportation
			 regulations. Modifications to the federal regulations incorporated are listed
			 in subsection (b). No later amendments to or editions of those regulations are
			 incorporated.
b) The following
			 interpretations of, additions to, and deletions from 49 CFR 178 shall apply for
			 purposes of this Part.
1) All references to
			 "this part" in the incorporated federal regulations shall mean this Part 178 of
			 the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this
			 subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm.
			 Code: Chapter I, Subchapter c.
3)
			 All references to a section of the regulations in the incorporated federal
			 regulations shall be read to refer to that Section in the Illinois Hazardous
			 Materials Transportation Regulations.
4) All references to part 174, 175, or 176,
			 or to sections within those parts, shall be read to refer to those parts or
			 sections in the federal hazardous materials transportation
			 regulations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.321 - Specification MC 300; Cargo Tanks Constructed of Mild (Open-Hearth or Blue Annealed) Steel, or Combination of Mild Steel with High-Tensile Steel, or Stainless Steel, Primarily For the Transportation of Flammable Liquids or Poisonous Liquids, Class B (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.322 - Specification MC 301; Cargo Tanks Constructed of Welded Aluminum Alloy (Grade 3S), To Be Mounted On and To Form Part Of Tank Motor Vehicles for Transportation of Flammable Liquids, and Poisonous Liquids, Class B (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
AGENCY NOTE: Flat heads without reinforcement no longer
				  permitted.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.323 - Specification MC 302; Cargo Tanks Constructed of Welded Aluminum Alloy (ASTM B209-57T), Primarily For the Transportation of Flammable Liquids, or Poisonous Liquids, Class B (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
AGENCY NOTE: Flat heads without reinforcement no longer
				  permitted.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.324 - Specification MC 303; Cargo Tanks Constructed of Welded Ferrous Alloy (High-Tensile Steel), or Stainless Steel, Primarily For the Transportation of Flammable Liquids, or Poisonous Liquids, Class B (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.325 - Specification MC 304; Cargo Tanks Constructed of Mild (Open Hearth or Blue Annealed) Steel, Welded Ferrous Alloy (High-Tensile) Steel, or Aluminum, Primarily For the Transportation of Flammable Liquids, or Poisonous Liquids, Class B, Having Reid (ASTM D-323) Vapor Pressures of 18 PSIA or More at 100°F., But Less Than Those Stated in 92 Ill. Adm. Code 173.300, In Defining Compressed Gases (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.326 - Specification MC 305; Cargo Tanks Constructed of Aluminum Alloys for High-Strength Welded Construction, Primarily For the Transportation of Flammable Liquids, or Poisonous Liquids, Class B (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.330 - Specification MC 310; Cargo Tanks Constructed of Ferrous Materials, Primarily For the Transportation of Corrosive Liquids (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.331 - Specification MC 311; Cargo Tanks Constructed of Ferrous Metals or Aluminum, Primarily For the Transportation of Corrosive Liquids (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.336 - Specification MC 330; Cargo Tanks Constructed of Steel, Primarily For Transportation of Compressed Gases (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Added at 5 Ill. Reg. 1715, effective February 9,
				  1981
AGENCY NOTE: The term "design pressure" as used in this
				  specification is identical to the term "maximum allowable working pressure" as
				  used in the Code (see paragraph (a) of this
				  Section).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.337 - Specification MC 331; Cargo Tanks Constructed of Steel, Primarily For Transportation of Compressed Gases, As Defined In the Compressed Gas Section (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.337.0.1
				[178.337-1] General Requirements (Repealed)
Section 178.337.0.2 [178.337-2] Material
				(Repealed)
Section 178.337.0.3 [178.337-3] Thickness of Tank Metal
				(Repealed)
Section 178.337.0.4 [178.337-4] Joints
				(Repealed)
Section 178.337.0.5 [178.337-5] Bulkheads, Baffles, and
				Ring Stiffeners (Repealed)
Section 178.337.0.6 [178.337-6] Closure for Manhole
				(Repealed)
Section 178.337.0.7 [178.337-7] Overturn Protection
				(Repealed)
Section 178.337.0.8 [178.337-8] Outlets
				(Repealed)
Section 178.337.0.9 [178.337-9] Safety Relief Devices,
				Valves, and Connections (Repealed)
Section 178.337.1.0 [178.337-10] Protection of Fittings
				(Repealed)
Section 178.337.1.1 [178.337-11] Emergency
				Discharge Control (Repealed)
Section 178.337.1.2 [178.337-12] Shear Section
				(Repealed)
Section 178.337.1.3 [178.337-13]
				Supporting and Anchoring (Repealed)
Section 178.337.1.4 [178.337-14] Gauging Devices
				(Repealed)
Section 178.337.1.5 [178.337-15] Pumps and
				Compressors (Repealed)
Section 178.337.1.6 [178.337-16] Testing
				(Repealed)
Section 178.337.1.7 [178.337-17] Marking
				(Repealed)
Section 178.337.1.8
				[178.337-18] Certification (Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.340 - General Design and Construction Requirements Applicable to Specifications MC 306 (Section 178.341), MC 307 (Section 178.342), and MC 312 (Section 178.343) Cargo Tanks (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.340.0.1
				[178.340-1] Specification Requirements For MC 306, MC 307, and MC 312 Cargo
				Tanks (Repealed)
Section 178.340.0.2 [178.340-2] General Requirements
				(Repealed)
Section 178.340.0.3 [178.340-3] Material
				(Repealed)
Section 178.340.0.4 [178.340-4] Structural Integrity
				(Repealed)
Section 178.340.0.5 [178.340-5] Joints
				(Repealed)
Section 178.340.0.6 [178.340-6] Supports and Anchoring
				(Repealed)
Section 178.340.0.7 [178.340-7] Circumferential
				Reinforcements (Repealed)
Section 178.340.0.8 [178.340-8] Accident Damage
				Protection (Repealed)
Section 178.340.0.9 [178.340-9] Pumps
				(Repealed)
Section 178.340.1.0 [178.340-10] Certification
				(Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.341 - Specification MC 306; Cargo Tanks (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.341.0.1
				[178.341-1] General Requirements (Repealed)
Section 178.341.0.2 [178.341-2] Thickness of Shells,
				Heads, Bulkheads, and Baffles (Repealed)
Section 178.341.0.3 [178.341-3] Closures for Fill
				Openings and Manholes (Repealed)
Section 178.341.0.4 [178.341-4] Vents
				(Repealed)
Section 178.341.0.5 [178.341-5] Emergency Flow Control
				(Repealed)
Section 178.341.0.6 [178.341-6] Gauging Devices
				(Repealed)
Section 178.341.0.7 [178.341-7] Method of Test
				(Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.342 - Specification MC 307; Cargo Tanks (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.342.0.1
				[178.342-1] General Requirements (Repealed)
Section 178.342.0.2 [178.342-2] Thickness of Shell,
				Heads, Bulkheads, and Baffles (Repealed)
Section 178.342.0.3 [178.342-3] Closures for Manholes
				(Repealed)
Section 178.342.0.4 [178.342-4] Vents
				(Repealed)
Section 178.342.0.5 [178.342-5] Outlets
				(Repealed)
Section 178.342.0.6 [178.342-6] Gauging Devices
				(Repealed)
Section 178.342.0.7 [178.342-7] Method of Test
				(Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.343 - Specification MC 312; Cargo Tanks (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.343.0.1
				[178.343-1] General Requirements (Repealed)
Section 178.343.0.2 [178.343-2] Thickness of Shell,
				Heads, Bulkheads, and Baffles of Non-Asme Code Tanks (Repealed)
Section 178.343.0.3 [178.343-3] Closures for Manholes
				(Repealed)
Section 178.343.0.4 [178.343-4] Vents
				(Repealed)
Section 178.343.0.5 [178.343-5] Outlets
				(Repealed)
Section 178.343.0.6 [178.343-6] Gauging Devices
				(Repealed)
Section 178.343.0.7 [178.343-7] Method of Test
				(Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 178 - SPECIFICATIONS FOR PACKAGINGS › Section 178.350 - Specification 7A; General Packaging, Type A (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				178.350.0.1
				[178.350-1] General Requirements (Repealed)
Section 178.350.0.2 [178.350-2] Specific Requirements
				(Repealed)
Section 178.350.0.3 [178.350-3] Marking
				(Repealed)
Repealed at 10 Ill. Reg. 20770, effective December 1,
				  1986
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 179 - SPECIFICATIONS FOR TANK CARS › Section 179.2000 - Incorporation By Reference of 49 CFR 179

Current through Register Vol. 48, No. 28, July 12, 2024
a) As Part 179 of the Illinois Hazardous
			 Materials Transportation Regulations, the Department incorporates by reference
			 the following subpart and sections of 49 CFR 179 as those sections of the
			 federal hazardous materials transportation regulations were in effect on
			 October 1, 2017, subject only to the exceptions in subsection (b) of this
			 Section. No later amendments to or editions of those sections of 49 CFR 179 of
			 the federal regulations are incorporated.
179.1
General
179.2
Definitions and abbreviations
179.5
Certificate of Construction
179.6
Repairs and alterations
179.7
Quality Assurance program
179.10
Tank mounting
179.11
Welding certification
179.12
Interior heater systems
179.16
Tank-head puncture-resistance systems
179.18
Thermal protection systems
179.20
Service equipment; protection systems
179.22
Marking
subpart E
Specifications for Multi-Unit Tank Car Tanks (Classes
						  DOT-106A and 110AW)
subpart F
Specification for Cryogenic Liquid Tank Car Tanks and
						  Seamless Steel Tanks (Classes DOT-113 and 107A)
b) The
			 following interpretations of, additions to, and deletions from the above
			 incorporated sections of 49 CFR 179 shall apply for purposes of this Part.
1) All references to "this part" in the
			 incorporated federal regulations shall mean this Part 179 of the Illinois
			 Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this
			 subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm.
			 Code: Chapter I, Subchapter c.
3)
			 All references to a section of the regulations in the incorporated federal
			 regulations shall be read to refer to that Section in the Illinois Hazardous
			 Materials Transportation Regulations except references to Section 179.3 shall
			 mean
			 49 CFR
			 179.3.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGING › Section 180.1000 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the requirements for maintenance, use,
				inspections, repair, retest and requalification of packagings used for the
				transportation of hazardous materials in Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGING › Section 180.2000 - Incorporation by Reference of 49 CFR 180

Current through Register Vol. 48, No. 28, July 12, 2024
a) As Part 180 of the Illinois Hazardous
			 Materials Transportation Regulations, the Department incorporates 49 CFR 180 by
			 reference, as that part of the federal hazardous materials transportation
			 regulations was in effect on October 1, 2017, subject only to the exceptions in
			 subsection (b) of this Section. No later amendments to or editions of 49 CFR
			 180 are incorporated.
b) The
			 following interpretations of, additions to, and deletions from 49 CFR 180 shall
			 apply for purposes of this Part.
1) All
			 references to "this part" in the incorporated federal regulations shall mean
			 this Part 180 of the Illinois Hazardous Materials Transportation
			 Regulations.
2) All references to
			 "this chapter" or "this subchapter" in the incorporated federal regulations
			 shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the
			 regulations in the incorporated federal regulations shall be read to refer to
			 that Section in the Illinois Hazardous Materials Transportation
			 Regulations.
4) All references to
			 part 174, 175, or 176, or to sections of those parts, shall be read to refer to
			 those parts or sections in the federal hazardous materials transportation
			 regulations.
5) All references to
			 shipments of hazardous materials by air, water, and rail are incorporated for
			 reference purposes only for those persons contemplating intermodal movements of
			 hazardous materials.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 340 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS › Section 340.1000 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the requirements that all parties who
				conduct drug and alcohol tests required by the United States Department of
				Transportation's regulations must follow concerning how to conduct those tests
				and what procedures to use.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 340 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS › Section 340.1010 - Incorporation by Reference of 49 CFR 40

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates by reference
			 49 CFR 40 as that part was in effect on October 1, 2014, as amended at 80 FR
			 19551, April 13, 2015. No later amendments to or editions of 49 CFR 40 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 Federal Motor
			 Carrier Safety Regulations 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 380 - SPECIAL TRAINING REQUIREMENTS › Section 380.1020 - Incorporation by Reference of 49 CFR 380

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates by reference
			 49 CFR 380 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) of this Section. No later amendments to or editions of 49 CFR
			 380 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 380 shall
			 apply for purposes of this Part.
1)
									49
			 CFR 380.103 is not incorporated and the
			 following is substituted therefor:
This Part applies to all operators of LCVs in interstate or
				intrastate commerce, employers of LCV operators, and LCV
				driver-instructors.
2)
									49
			 CFR 380.105 is deleted and not
			 incorporated.
3)
									49
			 CFR 380.501 is not incorporated and the
			 following is substituted therefor:
All entry-level drivers who drive in interstate or intrastate
				commerce and are subject to the CDL requirements of 49 CFR 383 must comply with
				subpart E of 49 CFR 380, except drivers who are subject to the jurisdiction of
				the Federal Transit Administration or who are otherwise exempt under
				49 CFR
				390.3(f).
4)
									49
			 CFR 380.502 is deleted and not
			 incorporated.
5)
									49 CFR
			 380.509(a) is not
			 incorporated and the following is substituted therefor:
Each employer must ensure that each entry-level driver that
				began operating a CMV requiring a CDL in interstate or intrastate commerce
				after July 20, 2003 receives the training required by
				49 CFR
				380.503.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 382 - CONTROLLED SUBSTANCE AND ALCOHOL USE AND TESTING › Section 382.1000 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part establishes programs designed to help prevent accidents and injuries
			 resulting from the misuse of alcohol or use of controlled substances by drivers
			 of certain commercial motor vehicles.
b) This Part does not apply to drivers who
			 operate covered farm vehicles as defined in 92 Ill. Adm. Code
			 390.1020.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 382 - CONTROLLED SUBSTANCE AND ALCOHOL USE AND TESTING › Section 382.1010 - Incorporation by Reference of 49 CFR 382

Current through Register Vol. 48, No. 28, July 12, 2024
a)49 CFR 382 is hereby 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 382 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 383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Section 383.1000 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The purpose of this Part is to help reduce or prevent truck and bus accidents,
			 fatalities, and injuries by requiring drivers to have a single commercial motor
			 vehicle driver's license and by disqualifying drivers who operate commercial
			 motor vehicles in an unsafe manner.
b) This Part does not apply to a driver of a
			 covered farm vehicle as defined in 92 Ill. Adm. Code
			 390.1020.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Section 383.1010 - Incorporation by Reference of 49 CFR 383

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department incorporates by reference
			 the following sections of 49 CFR 383 as those sections of the Federal Motor
			 Carrier Safety Regulations (FMCSR) (49 CFR Subchapter B) were in effect on
			 October 1, 2020, subject only to the exceptions in subsection (c) of this
			 Section. No later amendments to or editions of those sections of 49 CFR 383 are
			 incorporated. Copies of the incorporated material are available for inspection
			 at 2300 South Dirksen Parkway, Springfield, Illinois 62764. The FMCSR are also
			 available on the U.S. Government Publishing Office's Website at
http://www.ecfr.gov
383.1
Purpose and scope
383.3
Applicability
383.5
Definitions
383.23
Commercial driver's license
383.35
Notification of previous employment
383.37
Employer responsibilities
383.51
Disqualification of drivers
383.53
Penalties
b)
			 References to subchapters, parts, subparts, sections or paragraphs shall be
			 read to refer to the appropriate citation in 49 CFR.
c) As provided in
			 49
			 CFR 383.3(d), the following
			 applies for purposes of this Part:
The Uniform Commercial Driver's License Act provides exceptions
				under
				625
				ILCS 5/6-507(c) for operators of
				certain vehicles in Illinois (i.e., farmers). Those exceptions apply for
				purposes of this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 385 - SAFETY FITNESS PROCEDURES › Subpart A - GENERAL REQUIREMENTS › Section 385.1000 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				establishes procedures to prohibit motor carriers receiving a safety rating of
				"unsatisfactory" from the Federal Motor Carrier Safety Administration (FMCSA)
				from operating a commercial motor vehicle in Illinois.
b) This Part applies to all motor carriers
				subject to the requirements of this Subchapter, except non-business private
				motor carriers of passengers as defined in 92 Ill. Adm. Code
				390.1020.
c) Subpart B of this Part establishes the
				safety permit program for motor carriers that transport the types and
				quantities of hazardous materials listed in
				49 CFR
				385.403 and incorporated by reference at
				Section
				385.2000(a)
				of this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 385 - SAFETY FITNESS PROCEDURES › Subpart A - GENERAL REQUIREMENTS › Section 385.1020 - Unsatisfactory Rated Motor Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written notification from the FMCSA
				to a motor carrier that it has received a final "unsatisfactory" rating by the
				FMCSA under 49 CFR 385, that motor carrier shall not operate a commercial motor
				vehicle listed in Section
				385.1000 in
				Illinois.
b) When a carrier subject
				to the prohibition in Section
				385.1000 is known to
				operate a commercial motor vehicle in Illinois, the Department will issue an
				order placing those operations out-of-service in Illinois. The order will be
				served as prescribed under 92 Ill. Adm. Code
				386.1020.
c) Any motor carrier placed out-of-service by
				the Department pursuant to subsection (b) of this Section may appeal that order
				to the Secretary, who will investigate the matter.
1) Appeals shall be filed in writing with the
				Secretary no more than 20 days after the out-of-service order is served as
				prescribed under 92 Ill. Adm. Code 386.1020. The appeal shall contain the
				reason for the appeal and a contact person's name, address and telephone
				number.
2) The Secretary's designee
				will appoint a Department employee to investigate every appeal submitted to the
				Department in accordance with this Part. The operations declared out-of-service
				shall remain out-of-service in Illinois during the duration of the
				investigation.
3) The Department's
				investigation will be concluded within 30 days after the receipt of the appeal
				by the Department.
4) Within the 30
				day investigative period, the Secretary will issue written notification to the
				petitioner indicating the Department's determination as to the correctness or
				incorrectness of the out-of-service order remaining in effect.
5) The Department's written notification,
				served by certified mail return receipt requested, will include a statement of
				the facts relied upon and issues decided by the Department in making its
				determination. The Department's determination is considered administratively
				final.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 385 - SAFETY FITNESS PROCEDURES › Subpart B - HAZARDOUS MATERIALS SAFETY PERMITS AND INTERMODAL EQUIPMENT PROVIDERS › Section 385.2000 - Incorporation by Reference of 49 CFR 385, subpart E and subpart F

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				incorporates by reference 49 CFR 385, subpart E and subpart F, as those
				subparts 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)
				were in effect on October 1, 2012, subject only to the exceptions in subsection
				(b). No later amendments to or additions of 49 CFR 385, subpart E and subpart
				F, 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 49 CFR
				385, subpart E and subpart F, shall apply for purposes of this Subpart:
1) Any reference to "this part" in the
				incorporated material shall mean 92 Ill. Adm. Code 385.
2) Any reference to "this chapter" or "this
				subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter
				I, Subchapter d.
3) Any reference
				to a section in the incorporated material shall be read to refer to that
				Section in the Illinois Motor Carrier Safety Regulations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1000 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part defines certain terms and prescribes procedures
				  that are applicable to each proceeding described in this Part that are utilized
				  by the Department in carrying out its duties under the Illinois Motor Carrier
				  Safety Law (the Law) [625 ILCS 5/18b-100 through 111 ] and describes the
				  various enforcement authorities exercised by the Department and the associated
				  sanctions, prescribes the procedures governing the exercise of those
				  authorities and the imposing of those sanctions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1010 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Applicant" means a public utility that submits an
				  application.
"Department" means the Illinois Department of
				  Transportation.
"Director" means the Director of the Division of Traffic
				  Safety whose office is located at:
Illinois Department of Transportation
P. O. Box 19212
1340 N. 9th St.
Springfield, Illinois 62794-9212
"Division" means the Division of Traffic Safety of the
				  Illinois Department of Transportation.
"Exemption" means a document issued under the authority of
				  the Division that authorizes a person to perform a function that is not
				  otherwise authorized under the Illinois Motor Carrier Safety Regulations
				  (IMCSR).
"Illinois State Police" means any individual officer of the
				  Illinois State Police.
"Material" or "Materially" means anything that relates to any
				  substantive issue that is of consequence to the determination of a
				  proceeding.
"Officer" means an authorized employee of the Illinois
				  Department of Transportation.
"Public Utility" means a firm lawfully licensed and engaged
				  in any of the following: telephone, and television cable or community antenna
				  service; the production, storage, transmission, distribution, sale, delivery or
				  furnishing of heat, cold, light, power, electricity, gas, water or sanitary
				  sewer; or the installation or repair of facilities for any of these
				  activities.
"Relevant" means having any tendency to make the existence of
				  any fact that is of consequence to the determination of the proceeding more
				  probable or less probable than it would be without that information.
"Respondent" means a person upon whom the Department has
				  served a Notice of Intent to Assess Civil Monetary Penalty or a Notice of
				  Probable Violation.
"Secretary" means the Secretary of the Illinois Department of
				  Transportation.
"Undue Delay" means delay that is unwarranted, unjustified or
				  improper.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1020 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
All documents must be served upon the party or the party's
				  designated agent for service of process. (See
				  49 CFR
				  386.6(a).)
b) Type of Service
The Department will serve documents by personal (hand)
				  delivery utilizing governmental or commercial entities, U.S. mail, commercial
				  mail delivery, and, upon prior written consent of the parties, facsimile.
				  Written consent for facsimile service must specify the facsimile number where
				  service will be accepted. When service is made by facsimile, a copy will also
				  be served by any other method permitted by this Section. Facsimile service
				  occurs when transmission is complete. (See
				  49 CFR
				  386.6(b).)
c) Certificate of Service
A certificate of service will accompany all documents served
				  in a proceeding under this Part, including an out-of-service order, as
				  prescribed in 92 Ill. Adm. Code 385. The certificate must show the date and
				  manner of service; must be signed by the person making service; and must list
				  the persons being served. (See
				  49 CFR
				  386.6(c).)
d) Date of Service
A document will be considered served on the date of personal
				  delivery. If the document is mailed, it will be considered served on the
				  mailing date shown on the certificate of service; or on the date shown on the
				  postmark if there is no certificate of service; or on the mailing date shown by
				  other evidence if there is no certificate of service or postmark. (See
				  49 CFR
				  386.6(d).)
e) Valid Service
A properly addressed document, sent in accordance with this
				  Section, that was returned, unclaimed, or refused, is deemed to have been
				  served in accordance with this Section. The service will be considered valid as
				  of the date and the time the document was mailed, or the date personal delivery
				  of the document was refused. Service by delivery after 5 p.m. is deemed to have
				  been made on the next day that is not a Saturday, Sunday, or legal holiday.
				  (See 49
				  CFR 386.6(e).)
f) Presumption of Service
There shall be a presumption of service if the document is
				  served where a party or a person customarily receives mail or at the address
				  designated in the entry of appearance. (
				  49 CFR
				  386.6(f) )
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1030 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The presiding
				officer, designated to preside over a hearing convened in accordance with
				Section
				386.1150(b),
				shall issue subpoenas on his own initiative, or upon the request of any person
				participating in that proceeding. The presiding officer shall issue subpoenas
				on his own initiative when the presiding officer believes that the production
				of relevant documents or the appearance of a particular witness shall
				materially advance the proceeding and those documents or witnesses have not
				been subpoenaed by any other party to the proceeding. (Section 18b-102(b) of
				the Law)
b) A subpoena may require
				the attendance of a witness, or the production of relevant documentary or other
				tangible evidence in the possession or under the control of the person served,
				or both.
c) Service of a subpoena
				upon the person named therein shall be made by:
1) delivering a copy of the subpoena to such
				person;
2) delivering a copy of a
				subpoena to a natural person by handing it to that person, leaving it at his or
				her office with the person in charge, leaving it at his dwelling place or usual
				place of abode with some competent adult person of legal age who resides
				therein; or
3) mailing it by
				certified mail to the person at the person's last known address.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1035 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department incorporates by reference 49 CFR 386, appendix B, Penalty Schedule;
				Violations and Monetary Penalties, as that appendix was in effect on October 1,
				2014, as amended at 80 FR 18146, April 3, 2015, subject only to the exceptions
				in subsection (b). No later amendments to or additions of 49 CFR 386, appendix
				B 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 Federal Motor
				Carrier Safety Regulations (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 49 CFR
				386, appendix B shall apply for purposes of this Part:
1) Any reference to "this part" in the
				incorporated material shall mean 92 Ill. Adm. Code 386.
2) Any reference to "this chapter" or "this
				subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter
				I, Subchapter d.
3) Any reference
				to a section in the incorporated material shall be read to refer to that
				Section in the IMCSR.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1040 - Responsibility for Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Responsibility for enforcement of this Part is exercised
				  by:
a) The Illinois Department of
				Transportation; and
b) The Illinois
				State Police (the State Police) (Section 18b-102 of the Law).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1050 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
The Department may conduct investigations
(Section 18b-102(b) of the Law) relating to compliance by any person with any
				  provision of the IMCSR (92 Ill. Adm. Code 340, 380, 382, 383, 385, 386, 387,
				  390, 391, 392, 393, 395, 396 and 397) and any order issued under, or any court
				  decree relating to, those regulations.
b) Confidentiality
Information received in an investigation under this Section,
				  including the identity of the person investigated and any other person who
				  provides information during the investigation, shall remain confidential, but
				  only to the extent that disclosure would:
1) interfere with pending or actually and
				reasonably contemplated law enforcement proceedings conducted by any law
				enforcement agency;
2) interfere
				with pending administrative enforcement proceedings conducted by the
				Department;
3) deprive a person of
				a fair trial or an impartial hearing;
4) unavoidably disclose the identity of a
				confidential source or confidential information furnished only by the
				confidential source;
5) disclose
				unique or specialized investigative techniques other than those generally used
				and known;
6) endanger the life or
				physical safety of law enforcement personnel or any other person; or
7) obstruct an ongoing criminal
				investigation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1070 - Out of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever it is determined that a motor vehicle is in such a condition as to
				likely cause an accident or a breakdown of the vehicle, the Illinois State
				Police shall order a vehicle or employee operating such vehicle out of service.
				On making such an order, no restrictions shall be imposed on the employee
				beyond that required to abate the hazard.
b) Upon the issuance of an order under
				subsection (a), the driver or employee shall comply immediately with such
				order.
c) On placing a vehicle out
				of service, the Illinois State Police shall prevent the further movement of the
				vehicle and shall tag the vehicle so as to place the vehicle out of service
				until such time as the imminent danger observed is abated.
d) Whenever the State Police stops a vehicle
				and the driver or operator of the vehicle is able to properly abate the
				existing hazard, the vehicle shall be permitted to continue in
				service.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1080 - Record of Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
When any authorized representative of the Department or the
				  Illinois State Police, responsible for enforcing the MCSR pursuant to Section
				  386.1040,
				  has inspected driver records or a motor vehicle, the inspector shall provide to
				  the driver or other representative of the carrier, a record of the
				  inspection.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1090 - Warning Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Department has reason to believe that a person is engaging in conduct
				which involves a violation of any provision of the MCSR, the Department may
				issue a warning letter which shall:
1) advise
				the person of the time, place and circumstances of the apparent
				violation;
2) advise the person
				that a subsequent inspection may be conducted to ascertain whether the
				violation has been corrected; and
3) warn the person not to repeat the
				violation in the future.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1110 - Maximum Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
A person who commits an act that is a violation of any of the
				  IMCSR is liable for a civil penalty as prescribed by 49 CFR 386, appendix B,
				  Penalty Schedule; Violations and Monetary Penalties, and incorporated by
				  reference in Section
				  386.1035.
				  (See Section 18b-107 of the Law.) When the violation is a continuing one, each
				  day of the violation constitutes a separate offense.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1130 - Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days
				of the service of a Notice of Probable Violation issued under Section
				386.1020, the respondent
				may:
1) pay the preliminary assessment as
				provided in Section
				386.1140 and
				thereby close the case; or
2)
				request a hearing as provided in Section
				386.1150.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1140 - Payment of Penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Payment of a civil penalty should be made by certified check or money order
				payable to the "Treasurer of the State of Illinois" and sent to:
Director, Division of Traffic Safety
Illinois Department of Transportation
P. O. Box 19212
Springfield, Illinois 62794-9212.
b) At any time after an order assessing a
				civil penalty is referred to the Attorney General for collection, the
				respondent may offer a compromise, for example, by offering a specific amount
				or a payment plan to the Director who, with the consent of the Attorney
				General, may accept or reject it. If it is accepted, the respondent is notified
				in writing by the Director that the acceptance is in full settlement of the
				civil penalty for the violation.