PART 396 INSPECTION, REPAIR AND MAINTENANCE : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER d: MOTOR CARRIER SAFETY REGULATIONS
PART 396 INSPECTION, REPAIR AND MAINTENANCE

AUTHORITY: Implementing, and authorized by Sections 18b-102 and 18b-105 of, the Illinois Motor Carrier Safety Law [625 ILCS 5/Ch. 18B].

SOURCE: Adopted at 14 Ill. Reg. 15512, effective September 10, 1990; amended at 15 Ill. Reg. 13167, effective August 21, 1991; amended at 16 Ill. Reg. 14431, effective September 8, 1992; amended at 18 Ill. Reg. 749, effective January 11, 1994; amended at 19 Ill. Reg. 13046, effective August 30, 1995; amended at 20 Ill. Reg. 15340, effective November 18, 1996; amended at 23 Ill. Reg. 5101, effective March 31, 1999; amended at 24 Ill. Reg. 1949, effective January 19, 2000; amended at 25 Ill. Reg. 2097, effective January 17, 2001; amended at 26 Ill. Reg. 9014, effective June 5, 2002; amended at 27 Ill. Reg. 9257, effective June 2, 2003; amended at 29 Ill. Reg. 19271, effective November 10, 2005; amended at 32 Ill. Reg. 10440, effective June 25, 2008; amended at 37 Ill. Reg. 18355, effective November 4, 2013; amended at 40 Ill. Reg. 2057, effective January 8, 2016.

 

Section 396.1000  Purpose and Applicability

 

a)         This Part prescribes the requirements for the inspection, repair and maintenance of commercial motor vehicles in Illinois.

 

b)         This Part does not apply to covered farm vehicles (as defined in 92 Ill. Adm. Code 390.1020) that are used in interstate commerce.

 

(Source:  Amended at 37 Ill. Reg. 18355, effective November 4, 2013)

 

Section 396.2000  Incorporation by Reference of 49 CFR 396

 

a)         The Department incorporates "Inspection, Repair and Maintenance" (49 CFR 396) by reference, 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, subject only to the exceptions in subsection (c).  No later amendments to or editions of 49 CFR 396 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th 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.

 

c)         The following interpretations of, additions to and deletions from 49 CFR 396 shall apply for purposes of this Part.

 

1)         49 CFR 396.9 is deleted and not incorporated.

 

2)         Any commercial motor vehicle used in intrastate commerce that is inspected semi-annually pursuant to Section 13-109 of the Illinois Vehicle Code (the Code) [625 ILCS 5/13-109] has complied with the periodic inspection procedures required by 49 CFR 396.17.

 

(Source:  Amended at 40 Ill. Reg. 2057, effective January 8, 2016)

 

Section 396.2010  Inspection of Vehicles in Operation

 

a)         Personnel Authorized to Perform Inspections. The Illinois State Police are authorized to enter upon and perform commercial vehicle inspections (as defined in 92 Ill. Adm. Code 390.1020) of motor carrier vehicles in operation.

 

b)         Prescribed Inspection Report. The Illinois Commercial Driver/Vehicle Inspection Report (ISP 5-238) shall be used to record results of motor vehicle inspections conducted by Illinois State Police personnel.

 

c)         Motor Vehicles Declared "Out-of-Service"

 

1)         Authorized Illinois State Police personnel shall declare and mark "out-of-service" any motor vehicle which meets the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020.  An "out-of-service" vehicle sticker shall be used to mark vehicles "out-of-service".

 

2)         No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, "out-of-service" until all repairs required by the "out-of-service notice" have been satisfactorily completed. The term "operate" as used in this subsection (c)(2) shall include towing the vehicle, except that vehicles marked "out-of-service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and an "out-of-service" vehicle shall not be operated until the combination meets the performance requirements of the Illinois Motor Carrier Safety Regulations (IMCSR) (92 Ill. Adm. Code: Chapter I, Subchapter d) except for those conditions noted on the ISP 5-238.

 

3)         No person shall remove the "out-of-service vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out-of-service notice."

 

d)         Motor Carrier's Disposition

 

1)         The driver of any motor vehicle receiving an ISP 5-238 shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.

 

2)         Motor carriers shall examine the report. Violations or defects noted on the report shall be corrected.

 

3)         Within 15 days following the date of the inspection, motor carriers shall certify that all violations noted have been corrected by completing the reverse side of the ISP 5-238 and returning it to the Illinois State Police Commercial Vehicle Enforcement Bureau's address indicated on the report.

 

4)         The motor carrier shall retain a copy of the ISP 5-238 at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of the inspection.

 

e)         This Section does not apply to covered farm vehicles (as defined in 92 Ill. Adm. Code 390.1020) or to the drivers of those vehicles when the vehicles are used in interstate commerce.

 

(Source:  Amended at 37 Ill. Reg. 18355, effective November 4, 2013)