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Public Act 094-0739


 

Public Act 0739 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0739
 
HB0708 Enrolled LRB094 05958 DRH 36014 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 18b-101 and 18b-105 as follows:
 
    (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. 92-108, eff. 1-1-02; 93-860, eff. 8-4-04.)
 
    (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
    movements as defined in Section 18b-101 of this Chapter at
    any time of the year 1, between the period of February 1
    through November 30 each 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.)
 
    (625 ILCS 5/1-101.6 rep.)
    Section 10. The Illinois Vehicle Code is amended by
repealing Section 1-101.6.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/5/2006