State of Illinois
91st General Assembly
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Public Act 91-0179

SB1201 Enrolled                                LRB9102995KScs

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Sections 18b-101 and 18b-105.

    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:
    "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 designed to transport  more  than  15  passengers,
including   the  driver;  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;
    "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. 90-89, eff. 1-1-98.)
    (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 385-Safety Fitness Procedures;
    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; and
    Part 396-Inspection, Repair and Maintenance.
    (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
    which  are registered as farm trucks under subsection (c)
    of Section 3-815 of The Illinois Vehicle Code.
         (3)  (Blank).
         (4)  (Blank).
         (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
         (6)  All of Part 395 for all agricultural  movements
    as defined in Chapter 1, between the period of February 1
    15  through  November  June 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.  90-89,  eff.  1-1-98;  90-228,  eff.  7-25-97;
90-655, eff. 7-30-98.)

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