TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER d: MOTOR CARRIER SAFETY REGULATIONS
PART 390 MOTOR CARRIER SAFETY REGULATIONS: GENERAL
SECTION 390.2000 INCORPORATION BY REFERENCE


 

Section 390.2000  Incorporation by Reference

 

a)         49 CFR 390, subpart B, is hereby incorporated by reference as that subpart 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, 2006, subject only to the exceptions in subsection (b). No later amendments to or editions of 49 CFR 390, subpart B are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 3215 Executive Park Drive, 3rd Floor, Springfield, Illinois 62703 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, subpart B shall apply for the purposes of this Subpart:

 

1)         49 CFR 390.9 is deleted and not incorporated.

 

2)         49 CFR 390.21 applies 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.

 

3)         49 CFR 390.23(a)(2)(i)(A) is not incorporated and the following substituted therefor:

 

            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.

 

4)         Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 390.

 

5)         Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code:  Chapter I, Subchapter d.

 

6)         Any reference to a section in the incorporated material shall be read to refer to that Section in the IMCSR.

 

7)         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, October 1, 2006).

 

(Source:  Amended at 32 Ill. Reg. 10397, effective June 25, 2008)