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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1201eng SB1201 Engrossed 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 Engrossed -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 3215through NovemberJune30 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 Engrossed -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.)