Current through Register Vol. 48, No. 38, September 20, 2024
a) Personnel Authorized to Perform
Inspections. The Illinois State Police are authorized to enter upon and perform
commercial vehicle inspections (as defined in 92 Ill. Adm. Code
390.1020) of
motor carrier vehicles in operation.
b) Prescribed Inspection Report. The Illinois
Commercial Driver/Vehicle Inspection Report (ISP 5-238) shall be used to record
results of motor vehicle inspections conducted by Illinois State Police
personnel.
c) Motor Vehicles
Declared "Out-of-Service"
1) Authorized
Illinois State Police personnel shall declare and mark "out-of-service" any
motor vehicle which meets the "North American Uniform Out-of-Service Criteria"
as defined at 92 Ill. Adm. Code 390.1020. An "out-of-service" vehicle sticker
shall be used to mark vehicles "out-of-service".
2) No motor carrier shall require or permit
any person to operate nor shall any person operate any motor vehicle declared
and marked, "out-of-service" until all repairs required by the "out-of-service
notice" have been satisfactorily completed. The term "operate" as used in this
subsection (c)(2) shall include towing the vehicle, except that vehicles marked
"out-of-service" may be towed away by means of a vehicle using a crane or
hoist. A vehicle combination consisting of the emergency towing vehicle and an
"out-of-service" vehicle shall not be operated until the combination meets the
performance requirements of the Illinois Motor Carrier Safety Regulations
(IMCSR) (92 Ill. Adm. Code: Chapter I, Subchapter d) except for those
conditions noted on the ISP 5-238.
3) No person shall remove the "out-of-service
vehicle" sticker from any motor vehicle prior to completion of all repairs
required by the "out-of-service notice."
d) Motor Carrier's Disposition
1) The driver of any motor vehicle receiving
an ISP 5-238 shall deliver it to the motor carrier operating the vehicle upon
his/her arrival at the next terminal or facility. If the driver is not
scheduled to arrive at a terminal or facility of the motor carrier operating
the vehicle within 24 hours, the driver shall immediately mail the report to
the motor carrier.
2) Motor
carriers shall examine the report. Violations or defects noted on the report
shall be corrected.
3) Within 15
days following the date of the inspection, motor carriers shall certify that
all violations noted have been corrected by completing the reverse side of the
ISP 5-238 and returning it to the Illinois State Police Commercial Vehicle
Enforcement Bureau's address indicated on the report.
4) The motor carrier shall retain a copy of
the ISP 5-238 at the motor carrier's principal place of business or where the
vehicle is housed for 12 months from the date of the inspection.
e) This Section does not apply to
covered farm vehicles (as defined in 92 Ill. Adm. Code 390.1020) or to the
drivers of those vehicles when the vehicles are used in interstate
commerce.
