Section 387.1000  Purpose

 

This Part prescribes the minimum level of financial responsibility required to be maintained by for-hire motor carriers of passengers and property operating motor vehicles in interstate commerce.  This Part also prescribes the minimum level of financial responsibility to be maintained by for-hire and not-for-hire motor carriers transporting hazardous materials, hazardous substances, or hazardous wastes in intrastate and interstate commerce.  Finally, this Part creates additional incentives for motor carriers to maintain and operate their vehicles in a safe manner and to assure that they maintain appropriate levels of financial responsibility for motor vehicles operated on Illinois highways. 

 

Section 387.1050  Applicability

 

a)         This Part applies to for-hire motor carriers operating motor vehicles transporting property in interstate commerce.

 

b)         This Part applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate or intrastate commerce.

 

c)         Exceptions:

 

1)         This Part does not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,000 pounds.  This exception does not apply if the vehicle is used to transport any quantity of a Division 1.1, 1.2, or 1.3 material, any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A, or to a highway route controlled quantity of a Class 7 material as it is defined in 49 CFR 173.403, in interstate commerce.

 

2)         This Part does not apply to the transportation of non-bulk oil or non-bulk hazardous materials, substances, or wastes in intrastate commerce, except that this Part does apply to the transportation of a highway route controlled quantity of a Class 7 material as defined in 49 CFR 173.403, in intrastate commerce.  (49 CFR 387.3, October 1, 2006)

 

d)         This Part applies to for-hire motor carriers transporting passengers in interstate commerce only.

 

e)         Exceptions.  This Part does not apply to:

 

1)         An interstate motor vehicle transporting only school children and teachers to or from school;

 

2)         An interstate motor vehicle providing taxicab service and having a seating capacity of fewer than 7 passengers and not operated on a regular route or between specified points;

 

3)         An interstate motor vehicle carrying fewer than 16 individuals in a single daily round trip to commute to and from work; and

 

4)         An interstate motor vehicle operated by a motor carrier under contract providing transportation of preprimary, primary, and secondary students for extracurricular trips organized, sponsored, and paid for by a school district.  (49 CFR 387.27, October 1, 2006)

 

(Source:  Amended at 32 Ill. Reg. 10392, effective June 25, 2008)

 

Section 387.2000  Incorporation by Reference of 49 CFR 387

 

a)         The Department incorporates by reference 49 CFR 387 as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, as amended at 80 FR 18146, April 3, 2015.  No later amendments to or editions of 49 CFR 387 are incorporated.  Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9^th Street, Springfield, Illinois 62702 or by calling 217/785-1181.  The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov.  The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.

 

b)         References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.

 

(Source:  Amended at 40 Ill. Reg. 1999, effective January 8, 2016)