[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1201
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.)
-2- LRB9102995KScs
1 Section 5. The Illinois Vehicle Code is amended by
2 changing Section 18b-105.
3 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
4 Sec. 18b-105. Rules and Regulations.
5 (a) The Department is authorized to make and adopt
6 reasonable rules and regulations and orders consistent with
7 law necessary to carry out the provisions of this Chapter.
8 (b) The following parts of Title 49 of the Code of
9 Federal Regulations, as now in effect, are hereby adopted by
10 reference as though they were set out in full:
11 Part 385-Safety Fitness Procedures;
12 Part 390-Federal Motor Carrier Safety Regulations:
13 General;
14 Part 391-Qualifications of Drivers;
15 Part 392-Driving of Motor Vehicles;
16 Part 393-Parts and Accessories Necessary for Safe
17 Operation;
18 Part 395-Hours of Service of Drivers; and
19 Part 396-Inspection, Repair and Maintenance.
20 (c) The following parts and Sections of the Federal
21 Motor Carrier Safety Regulations shall not apply to those
22 intrastate carriers, drivers or vehicles subject to
23 subsection (b).
24 (1) Section 393.93 of Part 393 for those vehicles
25 manufactured before June 30, 1972.
26 (2) Section 393.86 of Part 393 for those vehicles
27 which are registered as farm trucks under subsection (c)
28 of Section 3-815 of The Illinois Vehicle Code.
29 (3) (Blank).
30 (4) (Blank).
31 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
32 (6) All of Part 395 for all agricultural movements
33 as defined in Chapter 1, between the period of February 1
-3- LRB9102995KScs
1 15 through November June 30 each year, and all farm to
2 market agricultural transportation as defined in Chapter
3 1 and for grain hauling operations within a radius of 200
4 air miles of the normal work reporting location.
5 (7) Paragraphs (b)(3) (insulin dependent diabetic)
6 and (b)(10) (minimum visual acuity) of Section 391.41 of
7 part 391, but only for any driver who immediately prior
8 to July 29, 1986 was eligible and licensed to operate a
9 motor vehicle subject to this Section and was engaged in
10 operating such vehicles, and who was disqualified on July
11 29, 1986 by the adoption of Part 391 by reason of the
12 application of paragraphs (b)(3) and (b)(10) of Section
13 391.41 with respect to a physical condition existing at
14 that time unless such driver has a record of accidents
15 which would indicate a lack of ability to operate a motor
16 vehicle in a safe manner.
17 (d) Intrastate carriers subject to the recording
18 provisions of Section 395.8 of Part 395 of the Federal Motor
19 Carrier Safety Regulations shall be exempt as established
20 under paragraph (1) of Section 395.8; provided, however, for
21 the purpose of this Code, drivers shall operate within a 150
22 air-mile radius of the normal work reporting location to
23 qualify for exempt status.
24 (e) Regulations adopted by the Department subsequent to
25 those adopted under subsection (b) hereof shall be identical
26 in substance to the Federal Motor Carrier Safety Regulations
27 of the United States Department of Transportation and adopted
28 in accordance with the procedures for rulemaking in Section
29 5-35 of the Illinois Administrative Procedure Act.
30 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
31 90-655, eff. 7-30-98.)