Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department hereby incorporates by
reference 49 CFR 391 as that part of the Federal Motor Carrier Safety
Regulations (FMCSR) (49 CFR subchapter B) was in effect on October 1, 2018,
subject only to the exceptions in subsection (c). No later amendments to or
editions of 49 CFR 391 are incorporated. Copies of 49 CFR 391 are available for
inspection at 2300 South Dirksen Parkway, Springfield, Illinois 62764 or by
calling 217/785-1181. The incorporated CFR may also be accessed via the U.S.
Government Publishing Office's website at http://www.ecfr.gov.
b) References to subchapters, parts,
subparts, sections, or paragraphs shall be read to refer to the appropriate
citation in 49 CFR 391.
c) The
following interpretations of, additions to, and deletions from 49 CFR 391 shall
apply for purposes of this Part.
1) Authorized
Illinois State Police shall place drivers out-of-service for any violation of
the Illinois Motor Carrier Safety Law (the Law) [ 625 ILCS 5 /Ch. 18b] or the
Illinois Motor Carrier Safety Regulations that warrants placing the driver
out-of-service under the "North American Uniform Out-of-Service Criteria" as
defined at 92 Ill. Adm. Code
390.1020.
Drivers of covered farm vehicles, as defined in 92 Ill. Adm. Code
390.1020 cannot
be placed out-of-service for violations of 49 CFR 391, subpart E.
2)
49 CFR
391.11(b)(1) does not apply
to the operator of a commercial motor vehicle used in intrastate
commerce.
3)
Paragraphs
(b)(3) (insulin dependent diabetic) and (b)(10) (minimum visual acuity) of
49 CFR
391.41 shall not apply to the driver of a
commercial motor vehicle with a gross vehicle weight rating or gross
combination weight of over 12,000 lbs., used in the intrastate transportation
of property who immediately prior to July 29, 1986 was eligible and licensed to
operate a motor vehicle subject to the Illinois Motor Carrier Safety
Regulations (IMCSR) and was engaged in operating such vehicles, and who was
disqualified on July 29, 1986 by the adoption of 49 CFR 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of
49 CFR
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. (Section 18b-105 of the Law)
4) Paragraphs (b)(3) (insulin dependent
diabetic) and (b)(10) (minimum visual acuity) of
49 CFR
391.41 shall not apply to the driver of a
commercial motor vehicle that either has a gross vehicle weight rating (GVWR)
or gross combination weight rating (GCWR) of between 10,000 and 12,001 pounds;
or that is designed to transport more than 15 passengers, including the driver;
or that has a GVWR or GCWR of less than 12,001 pounds and transports hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act [ 430 ILCS 30 ]. The vehicle must be used in
intrastate transportation. The driver must have been eligible and licensed to
operate a motor vehicle subject to the IMCSR and engaged in operating that
vehicle immediately prior to January 17, 1992. The driver must have been
disqualified on January 17, 1992 by the adoption of Public Act 87-829 that made
the IMCSR applicable to vehicles described in this subsection (c)(4). The
reason for disqualification must have been the application of paragraphs (b)(3)
and (b)(10) of
49 CFR
391.41 with respect to a physical condition
existing at that time. This exception does not apply to any driver who has a
record of accidents that would indicate a lack of ability to operate a motor
vehicle in a safe manner.
5)
49 CFR
391.43(a) is not
incorporated and the following is substituted:
Except as provided by
49 CFR
391.43(b), the medical
examination shall be performed by a licensed medical examiner as defined in 92
Ill. Adm. Code 390.1020.
6)
If a medical examiner determines that the driver is qualified to drive only in
intrastate transportation due to the application of the provisions of
subsection (c)(3) or (c)(4), the following shall appear on the medical
examiner's certificate: "Qualified only for intrastate transportation in
Illinois."
7)
49
CFR 391.49(a) is not
incorporated and the following is substituted:
A person who is not physically qualified to drive under 49 CFR
391, and who is otherwise qualified to drive a commercial motor vehicle, may
drive a commercial motor vehicle in interstate or intrastate transportation if
the Division Administrator, FMCSA, has granted a Skill Performance Evaluation
(SPE) Certificate to that person.
8)49 CFR 391, subpart E, Physical
Qualifications and Examinations, does not apply to drivers of covered farm
vehicles as defined in 92 Ill. Adm. Code 390.1020.
