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Public Act 91-0179
SB1201 Enrolled LRB9102995KScs
AN ACT to amend the Illinois Vehicle Code by changing
Sections 18b-101 and 18b-105.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 18b-101 and 18b-105 as follows:
(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise
clearly requires, as used in this Chapter:
"Commercial motor vehicle" means any self propelled or
towed vehicle used on public highways in interstate and
intrastate commerce to transport passengers or property when
the vehicle has a gross vehicle weight, a gross vehicle
weight rating, a gross combination weight, or a gross
combination weight rating of 10,001 or more pounds; or the
vehicle is designed to transport more than 15 passengers,
including the driver; or the vehicle is used in the
transportation of hazardous materials in a quantity requiring
placarding under the Illinois Hazardous Materials
Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special
agricultural movement equipment described in Section 3-809
nor implements of husbandry as defined in Section 1-130;
"Officer" means Illinois State Police Officer;
"Person" means any natural person or individual,
governmental body, firm, association, partnership,
copartnership, joint venture, company, corporation, joint
stock company, trust, estate or any other legal entity or
their legal representative, agent or assigns.
(Source: P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 385-Safety Fitness Procedures;
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers; and
Part 396-Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February 1
15 through November June 30 each year, and all farm to
market agricultural transportation as defined in Chapter
1 and for grain hauling operations within a radius of 200
air miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
90-655, eff. 7-30-98.)
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