Statutes > Illinois Statutes > CHAPTER 625 VEHICLES > 625 ILCS 5/ Illinois Vehicle Code. > Article I - Federal Motor Carrier Safety Regulations

Article I - Federal Motor Carrier Safety Regulations


      (625 ILCS 5/Ch. 18B Art. I heading)
ARTICLE I. FEDERAL MOTOR CARRIER SAFETY REGULATIONS

    (625 ILCS 5/18b‑100) (from Ch. 95 1/2, par. 18b‑100)
    Sec. 18b‑100. Short Title. This Chapter shall be known and may be cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86‑611.)

    (625 ILCS 5/18b‑101)(from Ch. 95 1/2, par. 18b‑101)
    Sec. 18b‑101. Definitions. Unless the context otherwise clearly requires, as used in this Chapter:
    "Agricultural commodities" means any agricultural commodity, non‑processed food, feed, fiber, or livestock, including insects.
    "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
    "Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
    "Commercial motor vehicle" means any self propelled or towed vehicle used on public highways in interstate and intrastate commerce to transport passengers or property when the vehicle has a gross vehicle weight, a gross vehicle weight rating, a gross combination weight, or a gross combination weight rating of 10,001 or more pounds; or the vehicle is used or designed to transport more than 15 passengers, including the driver; or the vehicle is designed to carry 15 or fewer passengers and is operated by a contract carrier transporting employees in the course of their employment on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation, if the vehicle is being operated beyond a radius of 75 air miles (86.3 statute miles or 138.9 kilometers) from the driver's normal work reporting location; or the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Illinois Hazardous Materials Transportation Act. This definition shall not include farm machinery, fertilizer spreaders, and other special agricultural movement equipment described in Section 3‑809 nor implements of husbandry as defined in Section 1‑130;
    "Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services;
    "Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year;
    "Livestock" means cattle, sheep, goats, swine, poultry (including egg‑producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring;
    "Officer" means Illinois State Police Officer;
    "Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns.
(Source: P.A. 93‑860, eff. 8‑4‑04; 94‑739, eff. 5‑5‑06.)

    (625 ILCS 5/18b‑102) (from Ch. 95 1/2, par. 18b‑102)
    Sec. 18b‑102. Authority of Department. To the extent necessary to administer this Chapter, the Department is authorized to:
    (a) Adopt by reference all or any portion of the Federal Motor Carrier Safety Regulations of the United States Department of Transportation, as they are now or hereafter amended.
    (b) Conduct investigations; make reports; issue subpoenas; conduct hearings; require the production of relevant documents, records and property; take depositions; and, in conjunction with the Illinois State Police, conduct directly or indirectly research, development, demonstrations and training activities.
    (c) Authorize any officer or Department employee to enter upon, inspect and examine at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to the transportation by motor vehicle of persons or property.
    (d) Conduct a continuing review of all aspects of the transportation of persons and property by motor vehicle in order to determine and recommend appropriate steps to assure safe transportation by motor vehicle in Illinois.
    (e) Administer and enforce the provisions of this Chapter and any rules and regulations issued under this Chapter. Only the Illinois State Police shall be authorized to stop and inspect any commercial motor vehicle or driver at any time for the purpose of determining compliance with the provisions of this Chapter or rules and regulations issued under this Chapter.
(Source: P.A. 90‑89, eff. 1‑1‑98.)

    (625 ILCS 5/18b‑103) (from Ch. 95 1/2, par. 18b‑103)
    Sec. 18b‑103. Compliance with this Chapter. Transportation by motor vehicle of persons or property in commerce that is not in compliance with this Chapter or any rules and regulations issued under this Act is prohibited.
(Source: P.A. 86‑611.)

    (625 ILCS 5/18b‑103.1) (from Ch. 95 1/2, par. 18b‑103.1)
    Sec. 18b‑103.1. Obedience to Police Officer.
    (a) No person shall willfully fail or refuse to comply with any lawful order or direction of any officer authorized by law to enforce this Chapter and to perform vehicle and driver motor carrier safety inspections under this Chapter. Lawful orders or directions shall include providing documentation and answering questions necessary to determine compliance with the provisions of this Chapter. The driver or owner shall assist the officer, as needed, during the course of any such inspection.
    (b) Any person who violates this Section shall be guilty of a Class C misdemeanor offense.
(Source: P.A. 87‑768; 88‑476.)

    (625 ILCS 5/18b‑104) (from Ch. 95 1/2, par. 18b‑104)
    Sec. 18b‑104. Cooperation with State Agencies ‑ Records and Data ‑ Availability. The Department shall cooperate with other State agencies regulating transportation by motor vehicles and may enter into interagency agreements for the purpose of sharing data. The Department shall enter into an interagency agreement with the Illinois State Police for the purpose of enforcing any provisions of this Chapter and the rules and regulations issued under this Chapter.
(Source: P.A. 86‑611.)

    (625 ILCS 5/18b‑105)(from Ch. 95 1/2, par. 18b‑105)
    Sec. 18b‑105. Rules and Regulations.
    (a) The Department is authorized to make and adopt reasonable rules and regulations and orders consistent with law necessary to carry out the provisions of this Chapter.
    (b) The following parts of Title 49 of the Code of Federal Regulations, as now in effect, are hereby adopted by reference as though they were set out in full:
    Part 40 ‑ Procedures For Transportation Workplace Drug and Alcohol Testing Programs;
    Part 380 ‑ Special Training Requirements;
    Part 382 ‑ Controlled Substances and Alcohol Use and Testing;
    Part 383 ‑ Commercial Driver's License Standards, Requirements, and Penalties;
    Part 385 ‑ Safety Fitness Procedures;
    Part 386 Appendix B ‑ Penalty Schedule; Violations and Maximum Monetary Penalties;
    Part 387 ‑ Minimum Levels of Financial Responsibility for Motor Carriers;
    Part 390 ‑ Federal Motor Carrier Safety Regulations: General;
    Part 391 ‑ Qualifications of Drivers;
    Part 392 ‑ Driving of Motor Vehicles;
    Part 393 ‑ Parts and Accessories Necessary for Safe Operation;
    Part 395 ‑ Hours of Service of Drivers, except as provided in Section 18b‑106.1;
    Part 396 ‑ Inspection, Repair and Maintenance; and
    Part 397 ‑ Transportation of hazardous materials; Driving and Parking Rules.
    (b‑5) Individuals who meet the requirements set forth in the definition of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code of Federal Regulations may act as medical examiners in accordance with Part 391 of Title 49 of the Code of Federal Regulations.
    (c) The following parts and Sections of the Federal Motor Carrier Safety Regulations shall not apply to those intrastate carriers, drivers or vehicles subject to subsection (b).
        (1) Section 393.93 of Part 393 for those vehicles
     manufactured before June 30, 1972.
        (2) Section 393.86 of Part 393 for those vehicles
     registered as farm trucks under subsection (c) of Section 3‑815 of this Code.
        (3) (Blank).
        (4) (Blank).
        (5) Paragraph (b)(1) of Section 391.11 of Part 391.
        (6) All of Part 395 for all agricultural operations
     as defined in Section 18b‑101 of this Chapter at any time of the year and all farm to market agricultural transportation as defined in Chapter 1 and for grain hauling operations within a radius of 200 air miles of the normal work reporting location.
        (7) Paragraphs (b)(3) (insulin dependent diabetic)
     and (b)(10) (minimum visual acuity) of Section 391.41 of part 391, but only for any driver who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to this Section and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of Part 391 by reason of the application of paragraphs (b)(3) and (b)(10) of Section 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.
    (d) Intrastate carriers subject to the recording provisions of Section 395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be exempt as established under paragraph (1) of Section 395.8; provided, however, for the purpose of this Code, drivers shall operate within a 150 air‑mile radius of the normal work reporting location to qualify for exempt status.
    (e) Regulations adopted by the Department subsequent to those adopted under subsection (b) hereof shall be identical in substance to the Federal Motor Carrier Safety Regulations of the United States Department of Transportation and adopted in accordance with the procedures for rulemaking in Section 5‑35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1‑1‑02; eff. 1‑1‑02; 94‑519, eff. 8‑10‑05; 94‑739, eff. 5‑5‑06.)

    (625 ILCS 5/18b‑106) (from Ch. 95 1/2, par. 18b‑106)
    Sec. 18b‑106. Application of Chapter and Regulations. Except as expressly specified within this Chapter, this Chapter and the rules and regulations issued under this Chapter shall be applicable to all persons employing drivers, drivers and commercial motor vehicles which transport property or passengers in interstate or intrastate commerce.
(Source: P.A. 86‑611; 87‑829.)

    (625 ILCS 5/18b‑106.1)
    Sec. 18b‑106.1. Hours of service of drivers employed by contract carriers transporting employees in the course of their employment. 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.
(Source: P.A. 92‑108, eff. 1‑1‑02.)

    (625 ILCS 5/18b‑106.2)
    Sec. 18b‑106.2. Hours of service; utility service interruption emergencies.
    (a) As used in this Section:
    "Commercial driver's license" has the meaning set forth in Section 1‑111.6 of this Code.
    "Commercial motor vehicle" has the meaning set forth in Section 18b‑101 of this Code.
    "Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5.
    "Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service.
    "Utility service vehicle" has the meaning set forth in 49 CFR 395.2.
    (b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency.
    (c) A utility service interruption emergency continues until:
        (1) the necessary maintenance or repair work is
     completed; and
        (2) personnel used to perform necessary maintenance
     or repair work have returned to their respective normal work routines.
    (d) An individual is exempt from any regulation of the
     maximum hours of service that an employee may work under 49 CFR 395 if he or she:
        (1) is the holder of a commercial driver's license;
        (2) is:
            (A) an employee;
            (B) an employee of a contractor; or
            (C) an employee of a subcontractor;
    of a utility service provider in an employment capacity
     in which the commercial driver's license is used; and
        (3) operates a commercial motor vehicle as a utility
     service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency.
    (e) The exemption from maximum hours of service
     regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less.
    (f) Nothing in this amendatory Act of the 94th General
     Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94‑1, eff. 5‑23‑05.)

    (625 ILCS 5/18b‑107)(from Ch. 95 1/2, par. 18b‑107)
    Sec. 18b‑107. Violations ‑ Civil penalties. Except as provided in Section 18b‑108, any person who is determined by the Department after reasonable notice and opportunity for a fair and impartial hearing to have committed an act in violation of this Chapter or any rule or regulation issued under this Chapter is liable to the State for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 ‑‑ Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a railroad‑highway grade crossing violation is subject to a civil penalty of not more than $10,000, and, if any such violation is a continuing one, each day of violation constitutes a separate offense. The amount of any such penalty shall be assessed by the Department by a written notice. In determining the amount of such penalty, the Department shall take into account the nature, circumstances, extent and gravity of the violation and, with respect to a person found to have committed such violation, the degree of culpability, history or prior offenses, ability to pay, effect on ability to continue to do business and such other matters as justice may require.
    Such civil penalty is recoverable in an action brought by the State's Attorney or the Attorney General on behalf of the State in the circuit court or, prior to referral to the State's Attorney or the Attorney General, such civil penalty may be compromised by the Department. The amount of such penalty when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the State to the person charged. All civil penalties collected under this subsection shall be deposited in the Road Fund.
(Source: P.A. 94‑519, eff. 8‑10‑05.)

    (625 ILCS 5/18b‑108) (from Ch. 95 1/2, par. 18b‑108)
    Sec. 18b‑108. Violations; Criminal penalties.
    (a) The provisions of Chapter 16 shall be applicable to acts committed by a driver of a motor vehicle that violate this Chapter or any rule or regulation issued under this Chapter.
    (b) Any driver who willfully violates any provision of this Chapter or any rule or regulation issued under this Chapter is guilty of a Class 4 felony. In addition to any other penalties prescribed by law, the maximum fine for each offense is $10,000. Such violation shall be prosecuted by the State's Attorney or the Attorney General.
    (c) Any person, other than a driver, who willfully violates or causes another to violate any provision of this Chapter or any rule or regulation issued under this Chapter is guilty of a Class 3 felony. In addition to any other penalties prescribed by law, the maximum fine for each offense is $25,000. Such violation shall be prosecuted at the request of the Department by the State's Attorney or the Attorney General.
(Source: P.A. 88‑476; 89‑179, eff. 1‑1‑96.)

    (625 ILCS 5/18b‑109) (from Ch. 95 1/2, par. 18b‑109)
    Sec. 18b‑109. Enforcement of Rules and Regulations. Only the Illinois State Police shall enforce the rules and regulations issued under this Chapter against drivers. The Department and the Illinois State Police shall enforce the rules and regulations issued under this Chapter against persons other than drivers.
(Source: P.A. 86‑611.)

    (625 ILCS 5/18b‑110) (from Ch. 95 1/2, par. 18b‑110)
    Sec. 18b‑110. Conflict With Other Laws. This Chapter is not intended to affect any State law or ordinance of a local authority now in effect or intrude upon the duties and responsibilities of any State or local officer with respect to matters related to the subject to this Chapter, but in the case of any conflict with other State laws or ordinance of local authorities relating to the transportation of persons or property by highway, the provisions of this Chapter shall control.
(Source: P.A. 86‑611.)

    (625 ILCS 5/18b‑111) (from Ch. 95 1/2, par. 18b‑111)
    Sec. 18b‑111. Review Under Administrative Review Law. All administrative decisions of the Department under this Chapter shall be subject to judicial review under the Administrative Review Law, as now or hereafter amended.
(Source: P.A. 90‑89, eff. 1‑1‑98.)

    (625 ILCS 5/18b‑112)
    Sec. 18b‑112. Intermodal trailer, chassis, and safety.
    (a) Definitions. For purposes of this Section:
    "Department" means the Department of State Police.
    "Equipment interchange agreement" means a written document executed by the intermodal equipment provider and operator at the time the equipment is interchanged by the provider to the operator.
    "Equipment provider" is the owner of an intermodal trailer, chassis, or container. This includes any forwarding company, water carrier, steamship line, railroad, vehicle equipment leasing company, and their subsidiary or affiliated companies owning the equipment.
    "Federal motor carrier safety regulations" means regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles contained in Title 49 of the United States Code of Federal Regulations on the day of enactment of this Act or as amended or revised by the United States Department of Transportation thereafter.
    "Interchange" means the act of providing a vehicle to a motor carrier by an equipment provider for the purpose of transporting the vehicle for loading or unloading by another party or the repositioning of the vehicle for the benefit of the equipment provider. "Interchange" does not include the leasing of the vehicle by a motor carrier from an owner‑operator pursuant to subpart B of Part 376 of Title 49 of the Code of Federal Regulations or the leasing of a vehicle to a motor carrier for use in the motor carrier's over‑the‑road freight hauling operations.
    "Operator" means a motor carrier or driver of a commercial motor vehicle.
    "Vehicle" means an intermodal trailer, chassis, or container.
    (b) Responsibility of equipment provider. An equipment provider shall not interchange or offer for interchange a vehicle with an operator for use on a highway which vehicle is in violation of the requirements contained in the federal motor carrier safety regulations. It is the responsibility of the equipment provider to inspect and, if a vehicle at the time of inspection does not comply with all federal motor carrier safety regulation requirements, perform the necessary repairs on, all vehicles prior to interchange or offering for interchange.
    (c) Duty of inspection by the operator. Before interchanging a vehicle with an operator, an equipment provider must provide the operator the opportunity and facilities to perform a visual inspection of the equipment. The operator must determine if it complies with the provisions of the federal motor carrier safety regulation capable of being determined from an inspection. If the operator determines that the vehicle does not comply with the provisions of the federal motor carrier safety regulations, the equipment provider shall immediately perform the necessary repairs to the vehicle so that it complies with the federal motor carrier safety regulations or shall immediately provide the operator with another vehicle.
    (d) Presumption of defect prior to interchange.
        (1) If as a result of a roadside inspection by the
     Department, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
        (2) A rebuttable presumption exists that the
     following defects were present at the time of the interchange:
            (A) There is a defect with the brake drum when:
                (I) the drum cracks;
                (II) the lining is loose or missing; or
                (III) the lining is saturated with oil.
            (B) There is a defect of inoperative brakes when:
                (I) there is no movement of any components;
                (II) there are missing, broken, or loose
             components; or
                (III) there are mismatched components.
            (C) There is a defect with the air lines and
         tubing when:
                (I) there is a bulge and swelling;
                (II) there is an audible air leak; or
                (III) there are air lines broken, cracked,
             or crimped.
            (D) There is a defect with the reservoir tank
         when there is any separation of original attachment points.
            (E) There is a defect with the frames when:
                (I) there is any cracked, loose, sagging, or
             broken frame members which measure one and one‑half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
                (II) there is any condition which causes
             moving parts to come in contact with the frame.
            (F) There is an electrical defect when wires are
         chaffed.
            (G) There is a defect with the wheel assembly