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90_SB0507
625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104
625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109
625 ILCS 5/18b-112 new
625 ILCS 5/18b-115 new
Amends the Illinois Vehicle Code. In the provisions of
the Illinois Motor Carrier Safety Law, provides that the
definition of "officer" includes those full time police
officers certified by the Illinois State Police. Defines
"certified" as the completion of Commercial Vehicle Safety
Alliance courses or other training standards as required by
the Illinois State Police. Provides that certified police
officers may stop and inspect a commercial motor vehicle or
driver for the purpose of determining compliance with the
Law. Provides that the Department shall enter into an
interagency agreement with police agencies with certified
police officers. Provides that certified police officers
shall enforce the rules issued under the Law. Provides
standards for the inspection of vehicles. Effective
immediately.
LRB9000593NTsbA
LRB9000593NTsbA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 18b-101, 18b-102, 18b-104, and 18b-109 and adding
3 Section 18b-115.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 18b-101, 18b-102, 18b-104, and 18b-109 and
8 adding Section 18b-115 as follows:
9 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
10 Sec. 18b-101. Definitions. Unless the context otherwise
11 clearly requires, as used in this Chapter:
12 (1) "Commerce" means trade, commerce or transportation
13 within the State;
14 (2) "Commercial motor vehicle" means any self propelled
15 or towed vehicle used on public highways in interstate and
16 intrastate commerce to transport passengers or property when
17 the vehicle has a gross vehicle weight rating or gross
18 combination weight rating of 10,001 or more pounds; or the
19 vehicle is designed to transport more than 15 passengers,
20 including the driver; or the vehicle is used in the
21 transportation of hazardous materials in a quantity requiring
22 placarding under the Illinois Hazardous Materials
23 Transportation Act. This definition shall not include farm
24 machinery, fertilizer spreaders, and other special
25 agricultural movement equipment described in Section 3-809
26 nor implements of husbandry as defined in Section 1-130;
27 (3) "Department" means the Illinois Department of
28 Transportation;
29 (4) "Employee" means Illinois Department of
30 Transportation employee;
31 (5) "Farm to market agricultural transportation" means
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1 the operation of a motor vehicle controlled and operated by a
2 farmer who is a private motor carrier of property; who is
3 using the vehicle to transport agricultural products to or
4 from a farm operated by the farmer, or to transport farm
5 machinery or farm supplies to or from a farm operated by the
6 farmer; and who is not using the commercial vehicle to
7 transport hazardous materials of a type or quantity that
8 requires the vehicle to be placarded in accordance with the
9 Illinois Hazardous Materials Transportation Act;
10 (6) "Officer" means Illinois State Police Officer or a
11 full time police officer certified by the Illinois State
12 Police in the Motor Carrier Safety and Hazardous Materials
13 Regulations;
14 (7) "Person" means any natural person or individual,
15 governmental body, firm, association, partnership,
16 copartnership, joint venture, company, corporation, joint
17 stock company, trust, estate or any other legal entity or
18 their legal representative, agent or assigns;
19 (8) "Transportation" means the actual movement of
20 property or passengers by motor vehicle, together with
21 loading, unloading, and any other accessorial or ancillary
22 service provided by the carrier in connection with movement
23 by motor vehicle;
24 (9) "Agricultural movements" means the operation of a
25 motor vehicle or combination of vehicles controlled and
26 operated by a private motor carrier of property that is using
27 the vehicle to transport nonhazardous or hazardous
28 agricultural crop production fertilizers or agricultural
29 chemicals from a local source of supply to farm or field, or
30 from one farm or field to another, or from farm or field back
31 to the local source of supply;.
32 (10) "Certified" means the completion of the Commercial
33 Vehicle Safety Alliance (CVSA) courses or any other
34 applicable federal or State training standard as required by
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1 the Illinois State Police. The Illinois State Police, in
2 consultation with the Department, shall have the power to
3 promulgate rules to effectively administer police officer
4 training and certification.
5 (Source: P.A. 86-611; 87-829.)
6 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
7 Sec. 18b-102. Authority of Department. To the extent
8 necessary to administer this Chapter, the Department is
9 authorized to:
10 (a) Adopt by reference all or any portion of the Federal
11 Motor Carrier Safety Regulations of the United States
12 Department of Transportation, as they are now or hereafter
13 amended.
14 (b) Conduct investigations; make reports; issue
15 subpoenas; conduct hearings; require the production of
16 relevant documents, records and property; take depositions;
17 and, in conjunction with the Illinois State Police, conduct
18 directly or indirectly research, development, demonstrations
19 and training activities.
20 (c) Authorize any officer or employee to enter upon,
21 inspect and examine at reasonable times and in a reasonable
22 manner, the records and properties of persons to the extent
23 such records and properties relate to the transportation by
24 motor vehicle of persons or property.
25 (d) Conduct a continuing review of all aspects of the
26 transportation of persons and property by motor vehicle in
27 order to determine and recommend appropriate steps to assure
28 safe transportation by motor vehicle in Illinois.
29 (e) Administer and enforce the provisions of this
30 Chapter and any rules and regulations issued under this
31 Chapter. Only the Illinois State Police or certified police
32 officers shall be authorized to stop and inspect any
33 commercial motor vehicle or driver at any time for the
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1 purpose of determining compliance with the provisions of this
2 Chapter or rules and regulations issued under this Chapter.
3 (Source: P.A. 86-611; 87-829.)
4 (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
5 Sec. 18b-104. Cooperation with State Agencies - Records
6 and Data - Availability. The Department shall cooperate with
7 other State agencies regulating transportation by motor
8 vehicles and may enter into interagency agreements for the
9 purpose of sharing data. The Department shall enter into an
10 interagency agreement with the Illinois State Police or
11 police agencies with certified police officers for the
12 purpose of enforcing any provisions of this Chapter and the
13 rules and regulations issued under this Chapter.
14 (Source: P.A. 86-611.)
15 (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
16 Sec. 18b-109. Enforcement of Rules and Regulations.
17 Only the Illinois State Police or certified police officers
18 shall enforce the rules and regulations issued under this
19 Chapter against drivers. The Department, and the Illinois
20 State Police, or certified police officers shall enforce the
21 rules and regulations issued under this Chapter against
22 persons other than drivers.
23 (Source: P.A. 86-611.)
24 (625 ILCS 5/18b-112 new)
25 Sec. 18b-112. Inspection of vehicles.
26 (a) Selection of vehicles to be inspected shall be
27 accomplished in a nondiscriminatory manner. However,
28 vehicles with obvious violations that create immediate safety
29 hazards shall receive first priority in the selection
30 process.
31 (b) An officer shall affix a commercial motor vehicle
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1 safety decal to each vehicle found to be free of defects
2 pursuant to Level 1 inspection standards. For the purposes
3 of this Section, a Level 1 inspection includes the
4 examination of the following: driver's license, medical
5 examiner's certificate and waiver, if applicable, driver's
6 record of duty status, as required, seat belt, vehicle
7 inspection report, brake system, steering mechanism, wheels,
8 tires, coupling devices, suspension, frame, fuel system,
9 exhaust system, windshield wipers, lighting devices, cargo
10 securement, and hazardous materials requirements, as
11 applicable. Driver violations shall not preclude issuance of
12 decals to vehicles passing inspection.
13 (c) Vehicles displaying valid commercial motor vehicle
14 safety decals shall not be selected for inspection unless
15 obvious violations are observed. Decals shall remain valid
16 for a period of 3 months from the month of issuance.
17 (d) When it is determined that the driver or vehicle or
18 both is in violation of Federal Motor Carrier Safety
19 Regulations and the violation will not hinder safe operation,
20 a written warning shall be the normal enforcement procedure.
21 When, in the course of the inspection, it is determined that
22 a driver or vehicle are in violation of the Federal Motor
23 Carrier Safety Regulations to the extent that it would cause
24 the driver or vehicle to be placed out-of-service, or in the
25 officer's judgment, the condition of the vehicle is due to
26 neglect, misuse, or lack of maintenance, or when other
27 unusual circumstances occur, the issuance of a citation shall
28 be the normal enforcement procedure.
29 (625 ILCS 5/18b-115 new)
30 Sec. 18b-115. Certified police officer complaints. If
31 the Illinois State Police receive a complaint against a
32 certified police officer, the Illinois State police shall
33 investigate the complaint and revoke the police officer's
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1 certification if the evidence warrants revocation.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.