Current through Register Vol. 48, No. 38, September 20, 2024
a)
All Parts of the IMCSR except for "Transportation of Hazardous Materials;
Driving and Parking" (92 Ill. Adm. Code 397) are applicable to:
Persons employing drivers, drivers and commercial
motor vehicles which transport property or passengers in interstate or
intrastate commerce. (Section 18b-106 of the Law)
b) 92 Ill. Adm. Code 397 applies to any
employer, employee or motor carrier engaged in the transportation of hazardous
materials by a motor vehicle that must be marked or placarded in accordance
with "Carriage by Public Highway" (
49 CFR
177.823) and to:
1) Each officer or employee of the carrier
who performs supervisory duties related to the transportation of hazardous
materials; and
2) Each person who
operates or who is in charge of a motor vehicle containing hazardous
materials.
c) The
provisions of 92 Ill. Adm. Code 397 do not apply to the transportation in
Illinois of hazardous materials by a farmer when in approved containers and in
the amounts and manner specified in 92 Ill. Adm. Code
171.22,
Agricultural Exception.
d) Nothing
in the IMCSR shall be construed to prohibit an employer from requiring and
enforcing more stringent requirements relating to safety of operation and
employee safety and health.
e) The
IMCSR requires knowledge of and compliance with the following:
1) Every employer shall be knowledgeable of
and comply with all requirements contained in the IMCSR that are applicable to
that motor carrier's operations.
2)
Every driver and employee shall comply with all applicable requirements
contained in the IMCSR and shall be instructed accordingly.
3) All motor vehicles' equipment and
accessories required by the IMCSR shall be maintained in compliance with all
applicable performance and design criteria also set forth in the
IMCSR.
f) Except for
provisions in Section 13-101 of the Illinois Vehicle Code [625 ILCS
5/13-101] or unless otherwise specifically provided,
the requirements in the IMCSR do not apply to:
1) All school bus operations as defined in
Section
390.1020 of this
Part, except for the provisions of
49 CFR
391.15(e) and (f),
49 CFR
392.80 and
49 CFR
392.82;
2) Transportation performed by the federal
government, a state or any political subdivision of a state, or an agency
established under a compact between states that has been approved by the
Congress of the United States;
3)
The occasional transportation of personal property by individuals not for
compensation nor in the furtherance of a commercial enterprise;
4) The transportation of human corpses or
sick and injured persons;
5) The
operation of fire trucks and rescue vehicles while involved in emergency and
related operations;
6) The
operation of vehicles designed or used to transport between 9 and 15 passengers
(including the driver), not for direct compensation, provided the vehicle does
not otherwise meet the definition of a commercial motor vehicle, except for the
provisions of
49 CFR 391.15(e) and
(f),
392.80
and
392.82,
and except that motor carriers operating these vehicles are required to comply
with
49 CFR
390.15,
390.21(a)
and (b)(2), 390.201 and 390.205;
AGENCY NOTE: "Not for direct compensation" means no direct
payment is made to the carrier by the passengers or any person acting on behalf
of the passengers for the transportation services provided.
7) Either a driver of a commercial motor
vehicle used primarily in the transportation of propane winter heating fuel or
a driver of a motor vehicle used to respond to a pipeline emergency, if the
motor carrier safety regulations would prevent the driver from responding to an
emergency condition requiring an immediate response, as defined in Section
390.1020.
g) The
following parts apply to motor carriers and vehicles that transport certain
types and quantities of hazardous materials in intrastate commerce:
1)49 CFR 385, Safety Fitness Procedures,
subparts A and E, for carriers subject to the requirements of
49 CFR
385.403;
2)49 CFR 386, Rules of Practice for Motor
Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and
Hazardous Materials Proceedings;
3)49 CFR 387, Minimum Levels of Financial
Responsibility for Motor Carriers, to the extent provided in
49
CFR 387.3; and
4)
49
CFR 390.19, Motor Carrier, Hazardous Material
Shipper, and Intermodal Equipment Provider Identification Reports, and
49 CFR
390.21, Marking of Self-Propelled CMVs and
Intermodal Equipment, for carriers subject to the requirements of
49 CFR
385.403. Intrastate motor carriers operating
prior to January 1, 2005 are excepted from
49
CFR 390.19(a)(1).
h) The following regulations apply
to intermodal equipment providers:
1)49 CFR
385, subpart F and 92 Ill. Adm. Code 385, Subpart B;
2)49 CFR 386 and 92 Ill. Adm. Code
386;
3)49 CFR 390 and 92 Ill. Adm.
Code 390, except
49 CFR
390.15(b) concerning
accident registers;
4)49 CFR 393
and 92 Ill. Adm. Code 393; and
5)49
CFR 396 and 92 Ill. Adm. Code 396.
i) The following regulations apply to brokers
that are required to register with the FMCSA pursuant to 49 USC 139:
1)49 CFR 371, Brokers of Property.
2)49 CFR 386, Rules of Practice for Motor
Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and
Hazardous Materials Proceedings.
3)49 CFR 387, Minimum Levels of Financial
Responsibility for Motor Carriers, to the extent provided in subpart C of that
part.
4)49 CFR 390, subpart E,
Unified Registration System.
j) The following regulations apply to freight
forwarders that are required to register with the FMCSA pursuant to 49 USC 139:
1)49 CFR 386, Rules of Practice for Motor
Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and
Hazardous Materials Proceedings.
2)49 CFR 387, Minimum Levels of Financial
Responsibility for Motor Carriers, to the extent provided in subpart D of that
part.
3)49 CFR 390.subpart E,
Unified Registration System.
k)49 CFR 390.subpart E, applies to each cargo
tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector,
tester and design certifying engineer who is subject to registration under
49 CFR
107.502 and
49
USC 5108.
AGENCY NOTE: See 92 Ill. Adm. Code 386, Subpart C: Public
Utility Exemptions, for provisions relating to possible exemptions from the
IMCSR for intrastate public utility commercial motor
vehicles.
