Full Text of HB0708 94th General Assembly
HB0708enr 94TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| clearly
requires, as used in this Chapter: | 9 |
| "Agricultural commodities" means any agricultural | 10 |
| commodity, non-processed food, feed, fiber, or livestock, | 11 |
| including insects. | 12 |
| "Agricultural operations" means the operation of a motor | 13 |
| vehicle or combination of vehicles transporting agricultural | 14 |
| commodities or farm supplies for agricultural purposes.
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| "Air mile" means a nautical mile, which is equivalent to | 16 |
| 6,076 feet or 1,852 meters. Accordingly, 100 air miles are | 17 |
| equivalent to 115.08 statute miles or 185.2 kilometers.
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| "Commercial motor vehicle" means any self propelled or | 19 |
| towed
vehicle used on public highways in interstate and | 20 |
| intrastate commerce to
transport passengers or property when | 21 |
| the vehicle has a gross vehicle
weight, a gross vehicle
weight | 22 |
| 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 | 24 |
| or designed to transport more than 15 passengers, including
the | 25 |
| driver; or the vehicle is designed to carry 15 or fewer | 26 |
| passengers and is
operated by a contract carrier transporting | 27 |
| employees in the course of their
employment
on a highway of | 28 |
| this State; or the vehicle is used or designed to transport | 29 |
| between 9 and 15 passengers, including the driver, for direct | 30 |
| compensation, if the vehicle is being operated beyond a radius | 31 |
| of 75 air miles (86.3 statute miles or 138.9 kilometers) from | 32 |
| 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 | 2 |
| requiring placarding under the Illinois Hazardous
Materials | 3 |
| Transportation Act. This definition shall not include farm
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| machinery, fertilizer spreaders, and other special | 5 |
| agricultural movement
equipment described in Section 3-809 nor | 6 |
| implements of husbandry as defined
in Section 1-130;
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| "Direct compensation" means payment made to the motor | 8 |
| carrier by the passengers or a person acting on behalf of the | 9 |
| passengers for the transportation services provided, and not | 10 |
| included in a total package charge or other assessment for | 11 |
| highway transportation services; | 12 |
| "Farm supplies for agricultural purposes" means products | 13 |
| directly related to the growing or harvesting of agricultural | 14 |
| commodities and livestock feed at any time of the year; | 15 |
| "Livestock" means cattle, sheep, goats, swine, poultry | 16 |
| (including egg-producing poultry), fish used for food, and | 17 |
| other animals designated by the Secretary of the United States | 18 |
| Department of Transportation (at his or her sole discretion) | 19 |
| that are part of a foundation herd (including producing dairy | 20 |
| cattle) or offspring;
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| "Officer" means Illinois State Police Officer;
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| "Person" means any natural person or individual, | 23 |
| governmental body,
firm, association, partnership, | 24 |
| copartnership, joint venture, company,
corporation, joint | 25 |
| stock company, trust, estate or any other legal entity
or their | 26 |
| 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 | 31 |
| reasonable rules and
regulations and orders consistent with law | 32 |
| 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 | 34 |
| Regulations,
as now in effect, are hereby adopted by reference | 35 |
| as though they were set
out in full:
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| Part 40 - Procedures For Transportation Workplace Drug and | 2 |
| Alcohol Testing Programs; | 3 |
| Part 380 - Special Training Requirements; | 4 |
| Part 382 - Controlled Substances and Alcohol Use and | 5 |
| Testing;
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| Part 383 - Commercial Driver's License Standards, | 7 |
| Requirements, and
Penalties;
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| Part 385 - Safety Fitness Procedures;
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| Part 386 Appendix B - Penalty Schedule; Violations and | 10 |
| Maximum Monetary Penalties; | 11 |
| Part 387 - Minimum Levels of Financial Responsibility for | 12 |
| Motor Carriers;
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| Part 390 - Federal Motor Carrier Safety Regulations: | 14 |
| 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 | 18 |
| Operation;
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| Part 395 - Hours of Service of Drivers, except as provided | 20 |
| in
Section 18b-106.1;
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| Part 396 - Inspection, Repair and Maintenance; and | 22 |
| Part 397 - Transportation of hazardous materials; Driving | 23 |
| and Parking Rules.
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| (b-5) Individuals who meet the requirements set forth in | 25 |
| the definition
of "medical examiner" in Section 390.5 of Part | 26 |
| 390 of Title 49 of the Code
of Federal Regulations may act as | 27 |
| medical examiners in accordance with
Part 391 of Title 49 of | 28 |
| the Code of Federal Regulations.
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| (c) The following parts and Sections of the Federal Motor | 30 |
| Carrier Safety
Regulations shall not apply to those intrastate | 31 |
| carriers, drivers or
vehicles subject to subsection (b).
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| (1) Section 393.93 of Part 393 for those vehicles | 33 |
| manufactured before
June 30, 1972.
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| (2) Section 393.86 of Part 393 for those vehicles | 35 |
| registered
as farm trucks under subsection (c) of Section | 36 |
| 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 | 6 |
| any time of the year
1, between the period of February 1 | 7 |
| through November 30
each
year,
and all farm to market | 8 |
| agricultural transportation as defined in
Chapter 1
and for | 9 |
| grain hauling operations within a radius of 200 air miles | 10 |
| of the
normal work reporting location.
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| (7) Paragraphs (b)(3) (insulin dependent diabetic) and | 12 |
| (b)(10) (minimum
visual acuity) of Section 391.41 of part | 13 |
| 391, but only for any driver who
immediately prior to July | 14 |
| 29, 1986 was eligible and licensed to operate a
motor | 15 |
| vehicle subject to this Section and was engaged in | 16 |
| operating such
vehicles, and who was disqualified on July | 17 |
| 29, 1986 by the adoption of Part
391 by reason of the | 18 |
| application of paragraphs (b)(3) and (b)(10) of Section
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| 391.41 with respect to a physical condition existing at | 20 |
| that time unless such
driver has a record of accidents | 21 |
| which would indicate a lack of ability to
operate a motor | 22 |
| vehicle in a safe manner.
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| (d) Intrastate carriers subject to the recording | 24 |
| provisions of Section
395.8 of Part 395 of the Federal Motor | 25 |
| Carrier Safety Regulations shall be
exempt as established under | 26 |
| paragraph (1) of Section 395.8; provided,
however, for the | 27 |
| purpose of this Code, drivers shall operate within a 150
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| air-mile radius of the normal work reporting location to | 29 |
| qualify for exempt
status.
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| (e) Regulations adopted by the Department subsequent to | 31 |
| those adopted
under subsection (b) hereof shall be identical in | 32 |
| substance to the Federal
Motor Carrier Safety Regulations of | 33 |
| the United States Department of
Transportation and adopted in | 34 |
| accordance with the procedures for rulemaking
in Section 5-35 | 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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| (625 ILCS 5/1-101.6 rep.)
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| Section 10. The Illinois Vehicle Code is amended by | 3 |
| repealing Section 1-101.6.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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