State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB1201 Enrolled                                LRB9102995KScs

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

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 6    changing Sections 18b-101 and 18b-105 as follows:

 7        (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
 8        Sec. 18b-101.  Definitions.  Unless the context otherwise
 9    clearly requires, as used in this Chapter:
10        "Commercial motor vehicle" means any  self  propelled  or
11    towed  vehicle  used  on  public  highways  in interstate and
12    intrastate commerce to transport passengers or property  when
13    the  vehicle  has  a  gross  vehicle  weight, a gross vehicle
14    weight  rating,  a  gross  combination  weight,  or  a  gross
15    combination weight rating of 10,001 or more  pounds;  or  the
16    vehicle  is  designed  to  transport more than 15 passengers,
17    including  the  driver;  or  the  vehicle  is  used  in   the
18    transportation of hazardous materials in a quantity requiring
19    placarding    under    the   Illinois   Hazardous   Materials
20    Transportation Act.  This definition shall not  include  farm
21    machinery,    fertilizer   spreaders,   and   other   special
22    agricultural movement equipment described  in  Section  3-809
23    nor implements of husbandry as defined in Section 1-130;
24        "Officer" means Illinois State Police Officer;
25        "Person"   means   any   natural  person  or  individual,
26    governmental   body,    firm,    association,    partnership,
27    copartnership,  joint  venture,  company,  corporation, joint
28    stock company, trust, estate or any  other  legal  entity  or
29    their legal representative, agent or assigns.
30    (Source: P.A. 90-89, eff. 1-1-98.)
SB1201 Enrolled             -2-                LRB9102995KScs
 1        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
 2        Sec. 18b-105.  Rules and Regulations.
 3        (a)  The  Department  is  authorized  to  make  and adopt
 4    reasonable rules and regulations and orders  consistent  with
 5    law necessary to carry out the provisions of this Chapter.
 6        (b)  The  following  parts  of  Title  49  of the Code of
 7    Federal Regulations, as now in effect, are hereby adopted  by
 8    reference as though they were set out in full:
 9        Part 385-Safety Fitness Procedures;
10        Part   390-Federal   Motor  Carrier  Safety  Regulations:
11    General;
12        Part 391-Qualifications of Drivers;
13        Part 392-Driving of Motor Vehicles;
14        Part  393-Parts  and  Accessories  Necessary   for   Safe
15    Operation;
16        Part 395-Hours of Service of Drivers; and
17        Part 396-Inspection, Repair and Maintenance.
18        (c)  The  following  parts  and  Sections  of the Federal
19    Motor Carrier Safety Regulations shall  not  apply  to  those
20    intrastate   carriers,   drivers   or   vehicles  subject  to
21    subsection (b).
22             (1)  Section 393.93 of Part 393 for  those  vehicles
23        manufactured before June 30, 1972.
24             (2)  Section  393.86  of Part 393 for those vehicles
25        which are registered as farm trucks under subsection  (c)
26        of Section 3-815 of The Illinois Vehicle Code.
27             (3)  (Blank).
28             (4)  (Blank).
29             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
30             (6)  All  of Part 395 for all agricultural movements
31        as defined in Chapter 1, between the period of February 1
32         15 through November June 30 each year, and all  farm  to
33        market  agricultural transportation as defined in Chapter
34        1 and for grain hauling operations within a radius of 200
SB1201 Enrolled             -3-                LRB9102995KScs
 1        air miles of the normal work reporting location.
 2             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
 3        and  (b)(10) (minimum visual acuity) of Section 391.41 of
 4        part 391, but only for any driver who  immediately  prior
 5        to  July  29, 1986 was eligible and licensed to operate a
 6        motor vehicle subject to this Section and was engaged  in
 7        operating such vehicles, and who was disqualified on July
 8        29,  1986  by  the  adoption of Part 391 by reason of the
 9        application of paragraphs (b)(3) and (b)(10)  of  Section
10        391.41  with  respect to a physical condition existing at
11        that time unless such driver has a  record  of  accidents
12        which would indicate a lack of ability to operate a motor
13        vehicle in a safe manner.
14        (d)  Intrastate   carriers   subject   to  the  recording
15    provisions of Section 395.8 of Part 395 of the Federal  Motor
16    Carrier  Safety  Regulations  shall  be exempt as established
17    under paragraph (1) of Section 395.8; provided, however,  for
18    the  purpose of this Code, drivers shall operate within a 150
19    air-mile radius of the  normal  work  reporting  location  to
20    qualify for exempt status.
21        (e)  Regulations  adopted by the Department subsequent to
22    those adopted under subsection (b) hereof shall be  identical
23    in  substance to the Federal Motor Carrier Safety Regulations
24    of the United States Department of Transportation and adopted
25    in accordance with the procedures for rulemaking  in  Section
26    5-35 of the Illinois Administrative Procedure Act.
27    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
28    90-655, eff. 7-30-98.)

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