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90_SB0818enr 625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301 625 ILCS 5/15-307 from Ch. 95 1/2, par. 15-307 625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105 Amends the Illinois Vehicle Code. Provides that the Department of Transportation shall issue an annual (instead of semi-annual) permit authorizing a local authority to move oversize highway construction, transportation, utility, and maintenance equipment over roads under the jurisdiction of the Department. Removes a provision that provides that only single trip permits shall be issued for moving vehicles, combinations of vehicles, and loads with overweight-gross loads not included in the fee categories. Removes reference to certain parts of the Federal Motor Carrier Safety Regulations that shall not apply to certain intrastate carriers, drivers, and vehicles. Effective immediately. LRB9001363NTsb SB818 Enrolled LRB9001363NTsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 15-301, 15-307, 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 15-301, 15-307, and 18b-105 as follows: 7 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301) 8 Sec. 15-301. Permits for excess size and weight. 9 (a) The Department with respect to highways under its 10 jurisdiction and local authorities with respect to highways 11 under their jurisdiction may, in their discretion, upon 12 application and good cause being shown therefor, issue a 13 special permit authorizing the applicant to operate or move a 14 vehicle or combination of vehicles of a size or weight of 15 vehicle or load exceeding the maximum specified in this Act 16 or otherwise not in conformity with this Act upon any highway 17 under the jurisdiction of the party granting such permit and 18 for the maintenance of which the party is responsible. 19 Applications and permits other than those in written or 20 printed form may only be accepted from and issued to the 21 company or individual making the movement. Except for an 22 application to move directly across a highway, it shall be 23 the duty of the applicant to establish in the application 24 that the load to be moved by such vehicle or combination is 25 composed of a single object that cannot reasonably be 26 dismantled or disassembled. More than one object may be 27 carried under permit as long as the carriage of the 28 additional object or objects does not cause the size or 29 weight of the vehicle or load to exceed beyond that required 30 for carriage of the single, indivisible object itself. For 31 the purpose of over length movements, more than one object SB818 Enrolled -2- LRB9001363NTsb 1 may be carried side by side as long as the height, width, and 2 weight laws are not exceeded and the cause for the over 3 length is not due to multiple objects. For the purpose of 4 over height movements, more than one object may be carried as 5 long as the cause for the over height is not due to multiple 6 objects and the length, width, and weight laws are not 7 exceeded. For the purpose of an over width movement, more 8 than one object may be carried as long as the cause for the 9 over width is not due to multiple objects and length, height, 10 and weight laws are not exceeded. No state or local agency 11 shall authorize the issuance of excess size or weight permits 12 for vehicles and loads that are divisible and that can be 13 carried, when divided, within the existing size or weight 14 maximums specified in this Chapter. Any excess size or 15 weight permit issued in violation of the provisions of this 16 Section shall be void at issue and any movement made 17 thereunder shall not be authorized under the terms of the 18 void permit. In any prosecution for a violation of this 19 Chapter when the authorization of an excess size or weight 20 permit is at issue, it is the burden of the defendant to 21 establish that the permit was valid because the load to be 22 moved could not reasonably be dismantled or disassembled, or 23 was otherwise indivisible. 24 (b) The application for any such permit shall: (1) state 25 whether such permit is requested for a single trip or for 26 limited continuous operation; (2) state if the applicant is 27 an authorized carrier under the Illinois Motor Carrier of 28 Property Law, if so, his certificate, registration or permit 29 number issued by the Illinois Commerce Commission; (3) 30 specifically describe and identify the vehicle or vehicles 31 and load to be operated or moved except that for vehicles or 32 vehicle combinations registered by the Department as provided 33 in Section 15-319 of this Chapter, only the Illinois 34 Department of Transportation's (IDT) registration number or SB818 Enrolled -3- LRB9001363NTsb 1 classification need be given; (4) state the routing requested 2 including the points of origin and destination, and may 3 identify and include a request for routing to the nearest 4 certified scale in accordance with the Department's rules and 5 regulations, provided the applicant has approval to travel on 6 local roads; and (5) state if the vehicles or loads are being 7 transported for hire. No permits for the movement of a 8 vehicle or load for hire shall be issued to any applicant who 9 is required under the Illinois Motor Carrier of Property Law 10 to have a certificate, registration or permit and does not 11 have such certificate, registration or permit. 12 (c) The Department or local authority when not 13 inconsistent with traffic safety is authorized to issue or 14 withhold such permit at its discretion; or, if such permit is 15 issued at its discretion to prescribe the route or routes to 16 be traveled, to limit the number of trips, to establish 17 seasonal or other time limitations within which the vehicles 18 described may be operated on the highways indicated, or 19 otherwise to limit or prescribe conditions of operations of 20 such vehicle or vehicles, when necessary to assure against 21 undue damage to the road foundations, surfaces or structures, 22 and may require such undertaking or other security as may be 23 deemed necessary to compensate for any injury to any roadway 24 or road structure. The Department shall maintain a daily 25 record of each permit issued along with the fee and the 26 stipulated dimensions, weights, conditions and restrictions 27 authorized and this record shall be presumed correct in any 28 case of questions or dispute. The Department shall install an 29 automatic device for recording applications received and 30 permits issued by telephone. In making application by 31 telephone, the Department and applicant waive all objections 32 to the recording of the conversation. 33 (d) The Department shall, upon application in writing 34 from any local authority, issue an annuala semi-annualSB818 Enrolled -4- LRB9001363NTsb 1 permit authorizing the local authority to move oversize 2 highway construction, transportation, utility and maintenance 3 equipment over roads under the jurisdiction of the 4 Department. The permit shall be applicable only to equipment 5 and vehicles owned by or registered in the name of the local 6 authority, and no fee shall be charged for the issuance of 7 such permits. 8 (e) As an exception to paragraph (a) of this Section, 9 the Department and local authorities, with respect to 10 highways under their respective jurisdictions, in their 11 discretion and upon application in writing may issue a 12 special permit for limited continuous operation, authorizing 13 the applicant to move loads of sweet corn, soybeans, corn, 14 wheat, milo, other small grains and ensilage during the 15 harvest season only on a 2 axle single vehicle registered by 16 the Secretary of State with axle loads not to exceed 35% 17 above those provided in Section 15-111. Permits may be issued 18 for a period not to exceed 40 days and moves may be made of a 19 distance not to exceed 25 miles from a field to a specified 20 processing plant over any highway except the National System 21 of Interstate and Defense Highways. All such vehicles shall 22 be operated in the daytime except when weather or crop 23 conditions require emergency operation at night, but with 24 respect to such night operation, every such vehicle with load 25 shall be equipped with flashing amber lights as specified 26 under Section 12-215. Upon a declaration by the Governor that 27 an emergency harvest situation exists, a special permit 28 issued by the Department under this Section shall not be 29 required from September 1 through December 31 during harvest 30 season emergencies, provided that the weight does not exceed 31 20% above the limits provided in Section 15-111. All other 32 restrictions that apply to permits issued under this Section 33 shall apply during the declared time period. With respect to 34 highways under the jurisdiction of local authorities, the SB818 Enrolled -5- LRB9001363NTsb 1 local authorities may, at their discretion, waive special 2 permit requirements during harvest season emergencies. This 3 permit exemption shall apply to all vehicles eligible to 4 obtain permits under this Section, including commercial 5 vehicles in use during the declared time period. 6 (f) The form and content of the permit shall be 7 determined by the Department with respect to highways under 8 its jurisdiction and by local authorities with respect to 9 highways under their jurisdiction. Every permit shall be in 10 written form and carried in the vehicle or combination of 11 vehicles to which it refers and shall be open to inspection 12 by any police officer or authorized agent of any authority 13 granting the permit and no person shall violate any of the 14 terms or conditions of such special permit. Violation of the 15 terms and conditions of the permit shall not be deemed a 16 revocation of the permit; however, any vehicle and load found 17 to be off the route prescribed in the permit shall be held to 18 be operating without a permit. Any off route vehicle and 19 load shall be required to obtain a new permit or permits, as 20 necessary, to authorize the movement back onto the original 21 permit routing. No rule or regulation, nor anything herein 22 shall be construed to authorize any police officer, court, or 23 authorized agent of any authority granting the permit to 24 remove the permit from the possession of the permittee unless 25 the permittee is charged with a fraudulent permit violation 26 as provided in paragraph (i). However, upon arrest for an 27 offense of violation of permit, operating without a permit 28 when the vehicle is off route, or any size or weight offense 29 under this Chapter when the permittee plans to raise the 30 issuance of the permit as a defense, the permittee, or his 31 agent, must produce the permit at any court hearing 32 concerning the alleged offense. 33 If the permit designates and includes a routing to a 34 certified scale, the permitee, while enroute to the SB818 Enrolled -6- LRB9001363NTsb 1 designated scale, shall be deemed in compliance with the 2 weight provisions of the permit provided the axle or gross 3 weights do not exceed any of the permitted limits by more 4 than the following amounts: 5 Single axle 2000 pounds 6 Tandem axle 3000 pounds 7 Gross 5000 pounds 8 (g) The Department is authorized to adopt, amend, and to 9 make available to interested persons a policy concerning 10 reasonable rules, limitations and conditions or provisions of 11 operation upon highways under its jurisdiction in addition to 12 those contained in this Section for the movement by special 13 permit of vehicles, combinations, or loads which cannot 14 reasonably be dismantled or disassembled, including 15 manufactured and modular home sections and portions thereof. 16 All rules, limitations and conditions or provisions adopted 17 in the policy shall have due regard for the safety of the 18 traveling public and the protection of the highway system and 19 shall have been promulgated in conformity with the provisions 20 of the Illinois Administrative Procedure Act. The 21 requirements of the policy for flagmen and escort vehicles 22 shall be the same for all moves of comparable size and 23 weight. When escort vehicles are required, they shall meet 24 the following requirements: 25 (1) All operators shall be 18 years of age or over 26 and properly licensed to operate the vehicle. 27 (2) Vehicles escorting oversized loads more than 28 12-feet wide must be equipped with a rotating or flashing 29 amber light mounted on top as specified under Section 30 12-215. 31 The Department shall establish reasonable rules and 32 regulations regarding liability insurance or self insurance 33 for vehicles with oversized loads promulgated under The 34 Illinois Administrative Procedure Act. Police vehicles may be SB818 Enrolled -7- LRB9001363NTsb 1 required for escort under circumstances as required by rules 2 and regulations of the Department. 3 (h) Violation of any rule, limitation or condition or 4 provision of any permit issued in accordance with the 5 provisions of this Section shall not render the entire permit 6 null and void but the violator shall be deemed guilty of 7 violation of permit and guilty of exceeding any size, weight 8 or load limitations in excess of those authorized by the 9 permit. The prescribed route or routes on the permit are not 10 mere rules, limitations, conditions, or provisions of the 11 permit, but are also the sole extent of the authorization 12 granted by the permit. If a vehicle and load are found to be 13 off the route or routes prescribed by any permit authorizing 14 movement, the vehicle and load are operating without a 15 permit. Any off route movement shall be subject to the size 16 and weight maximums, under the applicable provisions of this 17 Chapter, as determined by the type or class highway upon 18 which the vehicle and load are being operated. 19 (i) Whenever any vehicle is operated or movement made 20 under a fraudulent permit the permit shall be void, and the 21 person, firm, or corporation to whom such permit was granted, 22 the driver of such vehicle in addition to the person who 23 issued such permit and any accessory, shall be guilty of 24 fraud and either one or all persons may be prosecuted for 25 such violation. Any person, firm, or corporation committing 26 such violation shall be guilty of a Class 4 felony and the 27 Department shall not issue permits to the person, firm or 28 corporation convicted of such violation for a period of one 29 year after the date of conviction. Penalties for violations 30 of this Section shall be in addition to any penalties imposed 31 for violation of other Sections of this Act. 32 (j) Whenever any vehicle is operated or movement made in 33 violation of a permit issued in accordance with this Section, 34 the person to whom such permit was granted, or the driver of SB818 Enrolled -8- LRB9001363NTsb 1 such vehicle, is guilty of such violation and either, but not 2 both, persons may be prosecuted for such violation as stated 3 in this subsection (j). Any person, firm or corporation 4 convicted of such violation shall be guilty of a petty 5 offense and shall be fined for the first offense, not less 6 than $50 nor more than $200 and, for the second offense by 7 the same person, firm or corporation within a period of one 8 year, not less than $200 nor more than $300 and, for the 9 third offense by the same person, firm or corporation within 10 a period of one year after the date of the first offense, not 11 less than $300 nor more than $500 and the Department shall 12 not issue permits to the person, firm or corporation 13 convicted of a third offense during a period of one year 14 after the date of conviction for such third offense. 15 (k) Whenever any vehicle is operated on local roads 16 under permits for excess width or length issued by local 17 authorities, such vehicle may be moved upon a State highway 18 for a distance not to exceed one-half mile without a permit 19 for the purpose of crossing the State highway. 20 (l) Notwithstanding any other provision of this Section, 21 the Department, with respect to highways under its 22 jurisdiction, and local authorities, with respect to highways 23 under their jurisdiction, may at their discretion authorize 24 the movement of a vehicle in violation of any size or weight 25 requirement, or both, that would not ordinarily be eligible 26 for a permit, when there is a showing of extreme necessity 27 that the vehicle and load should be moved without unnecessary 28 delay. 29 For the purpose of this subsection, showing of extreme 30 necessity shall be limited to the following: shipments of 31 livestock, hazardous materials, liquid concrete being hauled 32 in a mobile cement mixer, or hot asphalt. 33 (m) Penalties for violations of this Section shall be in 34 addition to any penalties imposed for violating any other SB818 Enrolled -9- LRB9001363NTsb 1 Section of this Code. 2 (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.) 3 (625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307) 4 Sec. 15-307. Fees for Overweight-Gross Loads. Fees for 5 special permits to move vehicles, combinations of vehicles 6 and loads with overweight-gross loads shall be paid at the 7 flat rate fees established in this Section for weights in 8 excess of legal gross weights, by the applicant to the 9 Department. Single trip permits only shall be issued. 10 (a) With respect to fees for overweight-gross loads 11 listed in this Section and for overweight-axle loads listed 12 in Section 15-306, one fee only shall be charged, whichever 13 is the greater, but not for both. 14 (b) In lieu of the fees stated in this Section and 15 Section 15-306, with respect to combinations of vehicles 16 consisting of a 3-axle truck tractor with a tandem axle 17 composed of 2 consecutive axles drawing a semitrailer, or 18 other vehicle approved by the Department, equipped with a 19 tandem axle composed of 3 consecutive axles, weighing over 20 73,280 pounds but not more than 88,000 pounds gross weight, 21 the fees shall be at the following rates: 22 Distance Rate 23 For the first 24 45 miles $10 25 From 45 miles 26 to 90 miles 12.50 27 From 90 miles 28 to 135 miles 15.00 29 From 135 miles 30 to 180 miles 17.50 31 From 180 miles 32 to 225 miles 20.00 33 For each additional 45 miles SB818 Enrolled -10- LRB9001363NTsb 1 or part thereof in excess of the rate 2 for 225 miles, an additional 2.50 3 For such combinations weighing over 88,000 pounds but not 4 more than 100,000 pounds gross weight, the fees shall be at 5 the following rates: 6 Distance Rate 7 For the first 8 45 miles 15 9 From 45 miles 10 to 90 miles 25 11 From 90 miles 12 to 135 miles 35 13 From 135 miles 14 to 180 miles 45 15 From 180 miles 16 to 225 miles 55 17 For each additional 18 45 miles or part 19 thereof in excess of 20 the rate for 225 miles, 21 an additional 10 22 For such combination weighing over 100,000 pounds but not 23 more than 110,000 pounds gross weight, the fees shall be at 24 the following rates: 25 Distance Rate 26 For the first 27 45 miles $20 28 From 45 miles 29 to 90 miles 32.50 30 From 90 miles 31 to 135 miles 45 32 From 135 miles 33 to 180 miles 57.50 34 From 180 miles SB818 Enrolled -11- LRB9001363NTsb 1 to 225 miles 70 2 For each additional 3 45 miles or part 4 thereof in excess of the 5 rate for 225 miles 6 an additional 12.50 7 For such combinations weighing over 110,000 pounds but 8 not more than 120,000 pounds gross weight, the fees shall be 9 at the following rates: 10 Distance Rate 11 For the first 12 45 miles $30 13 From 46 miles to 14 90 miles 55 15 From 90 miles to 16 135 miles 80 17 From 135 miles to 18 180 miles 105 19 From 180 miles to 20 225 miles 130 21 For each additional 22 45 miles or part 23 thereof in excess of 24 the rate for 225 25 miles an additional 25 26 Payment of overweight fees for the above combinations 27 also shall include fees for overwidth dimensions of 4 feet or 28 less, overheight and overlength. Any overwidth in excess of 4 29 feet shall be charged an additional fee of $15. 30 (c) In lieu of the fees stated in this Section and 31 Section 15-306 of this Chapter, with respect to combinations 32 of vehicles consisting of a 3-axle truck tractor with a 33 tandem axle composed of 2 consecutive axles drawing a 34 semitrailer, or other vehicle approved by the Department, SB818 Enrolled -12- LRB9001363NTsb 1 equipped with a tandem axle composed of 2 consecutive axles, 2 weighing over 73,280 pounds but not more than 88,000 pounds 3 gross weight, the fees shall be at the following rates: 4 Distance Rate 5 For the first 6 45 miles $20 7 From 45 miles 8 to 90 miles 32.50 9 From 90 miles 10 to 135 miles 45 11 From 135 miles 12 to 180 miles 57.50 13 From 180 miles 14 to 225 miles 70 15 For each additional 16 60 miles or part 17 thereof in excess of 18 the rate for 225 miles 19 an additional 12.50 20 For such combination weighing over 88,000 pounds but not 21 more than 100,000 pounds gross weight, the fees shall be at 22 the following rates: 23 Distance Rate 24 For the first 25 45 miles $30 26 From 46 miles 27 to 90 miles 55 28 From 90 miles 29 to 135 miles 80 30 From 135 miles 31 to 180 miles 105 32 From 180 miles 33 to 225 miles 130 34 For each additional SB818 Enrolled -13- LRB9001363NTsb 1 45 miles or part 2 thereof in excess of 3 the rate for 225 miles 4 an additional 25 5 Payment of overweight fees for the above combinations 6 also shall include fees for overwidth dimension of 4 feet or 7 less, overheight and overlength. Any overwidth in excess of 4 8 feet shall be charged an additional overwidth fee of $15. 9 (d) In lieu of the fees stated in this Section and in 10 Section 15-306 of this Chapter, with respect to a 3 (or more) 11 axle mobile crane or water well-drilling vehicle consisting 12 of a single axle and a tandem axle or 2 tandem axle groups 13 composed of 2 consecutive axles each, with a distance of 14 extreme axles not less than 18 feet, weighing not more than 15 60,000 pounds gross with no single axle weighing more than 16 21,000 pounds, or any tandem axle group to exceed 40,000 17 pounds, the fees shall be at the following rates: 18 Distance Rate 19 For the first 20 45 miles $12.50 21 For each additional 22 45 miles or 23 portion thereof 9.00 24 For such vehicles weighing over 60,000 pounds but not 25 more than 68,000 pounds with no single axle weighing more 26 than 21,000 pounds and no tandem axle group exceeding 48,000 27 pounds, the fees shall be at the following rates: 28 Distance Rate 29 For the first 45 miles $20 30 For each additional 45 miles or portion thereof 12.50 31 Payment of overweight fees for the above vehicle shall 32 include overwidth dimension of 4 feet or less, overheight and 33 overlength. Any overwidth in excess of 4 feet shall be 34 charged an additional overwidth fee of $15. SB818 Enrolled -14- LRB9001363NTsb 1 (e) In lieu of the fees stated in this Section and in 2 Section 15-306 of this Chapter, with respect to a 4 (or more) 3 axle mobile crane or water well drilling vehicle consisting 4 of 2 sets of tandem axles composed of 2 or more consecutive 5 axles each with a distance between extreme axles of not less 6 than 23 feet weighing not more than 72,000 pounds with axle 7 weights on one set of tandem axles not more than 34,000 8 pounds, and weight in the other set of tandem axles not to 9 exceed 40,000 pounds, the fees shall be at the following 10 rates: 11 Distance Rate 12 For the first 13 45 miles $15 14 For each additional 15 45 miles or 16 portion thereof 10 17 For such vehicles weighing over 72,000 pounds but not 18 more than 76,000 pounds with axle weights on either set of 19 tandem axles not more than 44,000 pounds, the fees shall be 20 at the following rates: 21 Distance Rate 22 For the first 45 miles $20 23 For each additional 45 miles or portion thereof 12.50 24 Payment of overweight fees for the above vehicle shall 25 include overwidth dimension of 4 feet or less, overheight and 26 overlength. Any overwidth in excess of 4 feet shall be 27 charged an additional fee of $15. 28 (f) In lieu of fees stated in this Section and in 29 Section 15-306 of this Chapter, with respect to a two axle 30 mobile crane or water well-drilling vehicle consisting of 2 31 single axles weighing not more than 48,000 pounds with no 32 single axle weighing more than 25,000 pounds, the fees shall 33 be at the following rates: 34 Distance Rate SB818 Enrolled -15- LRB9001363NTsb 1 For the first 45 miles $15 2 For each additional 45 miles or portion thereof 10 3 For such vehicles weighing over 48,000 pounds but not 4 more than 54,000 pounds with no single axle weighing more 5 than 28,000 pounds, the fees shall be at the following rates: 6 Distance Rate 7 For the first 45 miles $20 8 For each additional 45 miles or portion thereof 12.50 9 Payment of overweight fees for the above vehicle shall 10 include overwidth dimension of 4 feet or less, overheight and 11 overlength. Any overwidth in excess of 4 feet shall be 12 charged an additional overwidth fee of $15. 13 (g) Fees for special permits to move vehicles, 14 combinations of vehicles, and loads with overweight gross 15 loads not included in the fee categories shall be paid by the 16 applicant to the Department at the rate of $50 plus 3.5 cents 17 per ton-mile in excess of legal weight.Single trip permits18only shall be issued for such movements.19 With respect to fees for overweight gross loads not 20 included in the schedules specified in paragraphs (a) through 21 (e) of Section 15-307 and for overweight axle loads listed in 22 Section 15-306, one fee only shall be charged, whichever is 23 the greater, but not both. An additional fee in accordance 24 with the schedule set forth in Section 15-305 shall be 25 charged for each overdimension. 26 (Source: P.A. 84-566.) 27 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105) 28 Sec. 18b-105. Rules and Regulations. 29 (a) The Department is authorized to make and adopt 30 reasonable rules and regulations and orders consistent with 31 law necessary to carry out the provisions of this Chapter. 32 (b) The following parts of Title 49 of the Code of 33 Federal Regulations, as now in effect, are hereby adopted by SB818 Enrolled -16- LRB9001363NTsb 1 reference as though they were set out in full: 2 Part 390-Federal Motor Carrier Safety Regulations: 3 General; 4 Part 391-Qualifications of Drivers; 5 Part 392-Driving of Motor Vehicles; 6 Part 393-Parts and Accessories Necessary for Safe 7 Operation; 8 Part 395-Hours of Service of Drivers; and 9 Part 396-Inspection, Repair and Maintenance. 10 (c) The following parts and Sections of the Federal 11 Motor Carrier Safety Regulations shall not apply to those 12 intrastate carriers, drivers or vehicles subject to 13 subsection (b). 14 (1) Section 393.93 of Part 393 for those vehicles 15 manufactured before June 30, 1972. 16 (2) Section 393.86 of Part 393 for those vehicles 17 which are registered as farm trucks under subsection (c) 18 of Section 3-815 of The Illinois Vehicle Code. 19 (3) (Blank).Section 396.11 of Part 396.20 (4) (Blank).Paragraphs (b) and (c) of Section21396.13 of Part 396.22 (5) Paragraph (b)(1) of Section 391.11 of Part 391. 23 (6) All of Part 395 for all agricultural movements 24 as defined in this Chapter, between the period of 25 February 15 through June 30 each year, and all farm to 26 market agricultural transportation as defined in this 27 Chapter and for grain hauling operations within a radius 28 of 200 air miles of the normal work reporting location. 29 (7) Paragraphs (b)(3) (insulin dependent diabetic) 30 and (b)(10) (minimum visual acuity) of Section 391.41 of 31 part 391, but only for any driver who immediately prior 32 to July 29, 1986 was eligible and licensed to operate a 33 motor vehicle subject to this Section and was engaged in 34 operating such vehicles, and who was disqualified on July SB818 Enrolled -17- LRB9001363NTsb 1 29, 1986 by the adoption of Part 391 by reason of the 2 application of paragraphs (b)(3) and (b)(10) of Section 3 391.41 with respect to a physical condition existing at 4 that time unless such driver has a record of accidents 5 which would indicate a lack of ability to operate a motor 6 vehicle in a safe manner. 7 (d) Intrastate carriers subject to the recording 8 provisions of Section 395.8 of Part 395 of the Federal Motor 9 Carrier Safety Regulations shall be exempt as established 10 under paragraph (1) of Section 395.8; provided, however, for 11 the purpose of this Code, drivers shall operate within a 150 12 air-mile radius of the normal work reporting location to 13 qualify for exempt status. 14 (e) Regulations adopted by the Department subsequent to 15 those adopted under subsection (b) hereof shall be identical 16 in substance to the Federal Motor Carrier Safety Regulations 17 of the United States Department of Transportation and adopted 18 in accordance with the procedures for rulemaking in Section 19 5-35 of the Illinois Administrative Procedure Act. 20 (Source: P.A. 87-829; 88-45; 88-476.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.