Section 902.123  Exception for and Standards Applicable to  Motor Carriers Engaged in Interstate Commerce with Respect  to Operations Regulated Pursuant to the Federal Noise Control  Act of 1972

a)         Applicability

1)         After the effective date of the federal standards contained in 40 CFR Part 202, this rule shall apply to motor carriers engaged in interstate commerce with respect to noise emissions regulated by such federal standards.  Motor carrier opertions determined pursuant to 35 Ill. Adm. Code 900.104 to be governed by this rule shall be excepted from Section 902.101, 902.102 and 902.121.

2)         This rule shall apply to motor carriers with respect only to the operation of those motor vehicles of such carriers which have a gross vehicle weight rating or gross combination weight rating in excess of 10,000 pounds, and only when such motor vehicles are operated under the conditions specified below.

3)         Except as provided in subparagraph (4) of this paragraph (a), this rule shall apply to the total sound produced by such motor vehicles when operating under the specified conditions, including the sound produced by auxiliary equipment mounted on such motor vehicles.

4)         This rule shall not apply to auxiliary equipment which is normally operated only when the transporting vehicle is stationary or is moving at a speed of 5 miles per hour or less.  Examples of such equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, air compressors, welders, and refuse compactors.

b)         Equipment Standards

1)         Visual exhaust system inspection

            No motor carrier subject to this rule shall operate any motor vehicle of a type with respect to which this rule is applicable unless the exhaust system of such vehicle is:

A)        Equipped with a muffler or other noise dissipative device;

B)        Free from defects which affect sound reduction; and

C)        Not equipped with any cutout, bypass or similar device.

2)         Visual tire inspection

            No motor carrier subject to this rule shall operate any motor vehicle of a type with respect to which this rule is applicable on a tire or tires having a tread pattern which as originally manufactured, or as newly retreaded, is composed primarily of cavities in the tread (excluding sipes and local chunking) which are not vented by grooves to the tire shoulder or circumferentially to each other around the tire.  This subparagraph (2) shall not apply to any motor vehicle which is demonstrated by the motor carrier which operates it to be in compliance with the noise emission standard specified in paragraph (c) of this rule for operation on highways with speed limits of more than 35 miles per hour, if the demonstration is conducted at the highway speed limit in effect at the inspection location or, if speed is unlimited, the demonstration is conducted at a speed of 65 miles per hour.

c)         Standards for Highway Operation

            No motor carrier subject to this rule shall operate any motor vehicle of a type with respect to which this rule is applicable and which at any time or under any condition of highway grade, load, acceleration or deceleration generates a sound level in excess of 86 dB(A) measured on an open site with fast meter response at 50 feet from the centerline of lane of travel on highways with speed limits of 35 miles per hour or less; or 90 dB(A) measured on an open site with fast meter response at 50 feet from the centerline of lane of travel on highways with speed limits of more than 35 miles per hour.

d)         Standard for Operation under Stationary Test

            No motor carrier subject to this rule shall operate any motor vehicle of a type with respect to which this rule is applicable, and which is equipped with an engine speed governor, which generates a sound level in excess of 88 dB(A) measured on an open site with fast meter response at 50 feet from the longitudinal centerline of the vehicle, when its engine is accelerated from idle with wide open throttle to governed speed with the vehicle stationary, transmission in neutral, and clutch engaged.

e)         Additional Definitions Applicable Only to this Rule

1)         Common carrier by motor vehicle:  any person who holds himself out to the general public to engage in the transportation by motor vehicle in interstate or foreign commerce of passengers or property or any class or classes thereof for compensation, whether over regular or irregular routes.

2)         Contract carrier by motor vehicle:  any person who engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce for compensation (other than transportation referred to in subparagraph (1) of this paragraph) under continuing contracts with one person or a limited number of persons either

A)        for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served or

B)        for the furnishing of transportation services designed to meet the distinct need of each individual customer.

3)         Gross combination weight rating:  the value specified by the manufacturer as the loaded weight of a combination vehicle.

4)         Gross vehicle weight rating:  the value specified by the manufacturer as the loaded weight of a single vehicle.

5)         Interstate commerce:  the commerce between any place in a State and any place in another State or between places in the same State through another State, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, water or air.  This definition of "interstate commerce" for purposes of this rule is the same as the definition of "interstate commerce" in Section 203(a) of the Interstate Commerce Act (49 U.S.C. Section 303(a)).

6)         Motor carrier:  a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of property by motor vehicle, as those terms are defined by paragraphs (14), (15), and (17) of Section 203(a) of the Interstate Commerce Act (49 U.S.C. 303(a)).  The term "motor carrier" includes those entities which own and operate the subject motor vehicles, but not the drivers thereof, unless said drivers are independent truckers who both own and drive their own vehicles.

7)         Open site:  an area that is essentially free of large sound-reflecting objects, such as barriers, walls, board fences, signboards, parked vehicles, bridges or buildings.

8)         Private carrier of property by motor vehicle:  any person not included in terms "common carrier by motor vehicle" or "contract carrier by motor vehicle", who transports in interstate or foreign commerce by motor vehicle property of which such person is the owner, lessee, or bailee, when such transportation is for sale, lease, rent or bailment, or in furtherance of any commercial enterprise.