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Public Act 094-0739
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| HB0708 Enrolled |
LRB094 05958 DRH 36014 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 18b-101 and 18b-105 as follows:
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(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
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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.
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"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.
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"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
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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 |
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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
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machinery, fertilizer spreaders, and other special |
agricultural movement
equipment described in Section 3-809 nor |
implements of husbandry as defined
in Section 1-130;
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"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;
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"Officer" means Illinois State Police Officer;
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"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.
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(Source: P.A. 92-108, eff. 1-1-02; 93-860, eff. 8-4-04.)
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(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
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Sec. 18b-105. Rules and Regulations.
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(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.
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(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:
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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;
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Part 383 - Commercial Driver's License Standards, |
Requirements, and
Penalties;
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Part 385 - Safety Fitness Procedures;
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Part 386 Appendix B - Penalty Schedule; Violations and |
Maximum Monetary Penalties; |
Part 387 - Minimum Levels of Financial Responsibility for |
Motor Carriers;
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Part 390 - Federal Motor Carrier Safety Regulations: |
General;
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Part 391 - Qualifications of Drivers;
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Part 392 - Driving of Motor Vehicles;
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Part 393 - Parts and Accessories Necessary for Safe |
Operation;
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Part 395 - Hours of Service of Drivers, except as provided |
in
Section 18b-106.1;
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Part 396 - Inspection, Repair and Maintenance; and |
Part 397 - Transportation of hazardous materials; Driving |
and Parking Rules.
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(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.
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(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).
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(1) Section 393.93 of Part 393 for those vehicles |
manufactured before
June 30, 1972.
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(2) Section 393.86 of Part 393 for those vehicles |
registered
as farm trucks under subsection (c) of Section |
3-815 of this Code.
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(3) (Blank).
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(4) (Blank).
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(5) Paragraph (b)(1) of Section 391.11 of Part 391.
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(6) All of Part 395 for all agricultural operations
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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.
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(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
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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.
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(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
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air-mile radius of the normal work reporting location to |
qualify for exempt
status.
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(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.
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(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05.)
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