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| Public Act 094-0001 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by adding | ||||
Section 18b-106.2 as follows: | ||||
(625 ILCS 5/18b-106.2 new) | ||||
Sec. 18b-106.2. Hours of service; utility service | ||||
interruption emergencies. | ||||
(a) As used in this Section: | ||||
"Commercial driver's license" has the meaning set forth in | ||||
Section 1-111.6 of this Code. | ||||
"Commercial motor vehicle" has the meaning set forth in | ||||
Section 18b-101 of this Code. | ||||
"Utility service interruption emergency" means an outage | ||||
or interruption of utility service in Illinois occasioned by a | ||||
set of circumstances included in the definition of "emergency" | ||||
set forth at 49 CFR 390.5. | ||||
"Utility service" means the repairing, maintaining, or | ||||
operating of any structures or any other physical facilities | ||||
necessary for the delivery of utility services, including the | ||||
furnishing of electric, gas, water, sanitary sewer, telephone, | ||||
and television cable or community antenna service. | ||||
"Utility service vehicle" has the meaning set forth in 49 | ||||
CFR 395.2. | ||||
(b) Upon receipt of notification of a utility service | ||||
interruption emergency by a utility service provider, the | ||||
Illinois Department of Transportation shall declare that an | ||||
emergency exists pursuant to 49 CFR 390.23. Should an audit by | ||||
the Illinois Department of Transportation establish that there | ||||
has been an abuse of the notification procedure by a utility | ||||
service provider, the Illinois Department of Transportation | ||||
may refuse to grant emergency declarations to that utility | ||||
service provider in the future without further confirmation of | ||
the existence of a utility service interruption emergency. | ||
(c) A utility service interruption emergency continues | ||
until: | ||
(1) the necessary maintenance or repair work is | ||
completed; and | ||
(2) personnel used to perform necessary maintenance or | ||
repair work have returned to their respective normal work | ||
routines. | ||
(d) An individual is exempt from any regulation of the | ||
maximum hours of service that an employee may work under 49 CFR | ||
395 if he or she: | ||
(1) is the holder of a commercial driver's license; | ||
(2) is: | ||
(A) an employee; | ||
(B) an employee of a contractor; or | ||
(C) an employee of a subcontractor; | ||
of a utility service provider in an employment capacity in | ||
which the commercial driver's license is used; and | ||
(3) operates a commercial motor vehicle as a utility | ||
service vehicle and engages in intrastate maintenance or | ||
repair work in response to a utility service interruption | ||
emergency. | ||
(e) The exemption from maximum hours of service regulations | ||
provided under subsection (d) shall not exceed the duration of | ||
the utility service provider's or driver's direct assistance in | ||
providing utility service interruption emergency relief, or 5 | ||
days from the date of the initial declaration, whichever is | ||
less. | ||
(f) Nothing in this amendatory Act of the 94th General | ||
Assembly shall be construed to contravene any federal law or to | ||
jeopardize State of Illinois entitlement to federal funding. If | ||
any provision of this amendatory Act of the 94th General | ||
Assembly or its application is found to jeopardize federal | ||
funding, that provision is declared invalid but does not affect | ||
any other provision or application. The provisions of this | ||
amendatory Act of the 94th General Assembly are declared to be | ||
severable.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||