Section 3260.1000  Purpose

 

a)         This Part establishes procedures to prohibit motor carriers receiving a safety rating of "unsatisfactory" from the Federal Motor Carrier Safety Administration (FMCSA) from operating a commercial motor vehicle in Illinois.

 

b)         This Part applies to all motor carriers subject to the requirements of this Subchapter, except non-business private motor carriers of passengers as defined in 92 Ill. Adm. Code 390.1020.

 

c)         Subpart B of this Part establishes the safety permit program for motor carriers that transport the types and quantities of hazardous materials listed in 49 CFR 385.403 and incorporated by reference at Section 385.2000(a) of this Part.

 

(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)

 

Section 3260.1010  Definitions

 

As used in this Part:

 

"Applicable Safety Regulations or Requirements" means 49 CFR chapter III, subchapter B – Federal Motor Carrier Safety Regulations or, if the carrier is an intrastate motor carrier subject to the hazardous materials safety permit requirements in subpart E of 49 CFR 385, 92 Ill. Adm. Code Subchapter d:  Motor Carrier Safety Regulations and 49 CFR chapter I, subchapter C – Hazardous Materials Regulations. 

 

"Commercial Motor Vehicle" means the same as the meaning ascribed to it in 92 Ill. Adm. Code 390.1020, except that Subpart B of this Part applies to intrastate motor carriers that transport those hazardous materials listed in 49 CFR 385.403 and incorporated by reference at Section 385.2000(a) of this Part.

 

"Compliance Review" means an on-site examination of a motor carrier's operations, such as the drivers' hours of service, maintenance and inspection, driver qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard.  A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by a motor carrier, or to investigate complaints or other evidence of safety violations.  The compliance review may result in the initiation of an enforcement action. (49 CFR 385.3)

 

"Department" means the Illinois Department of Transportation.

 

"Federal Motor Carrier Safety Administration" or "FMCSA" means an agency within the United States Department of Transportation.

 

"Out-of-Service Order" means a prohibition against operating a commercial motor vehicle.

 

"Pipeline and Hazardous Materials Safety Administration" or "PHMSA" means the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590.  (49 CFR 171.8)

 

"Safety Management Controls" means the systems, policies, programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations, that ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage.  (49 CFR 385.3)

 

"Safety Permit" means a document issued by the FMCSA that contains a permit number and confers authority to transport in commerce the hazardous materials listed in 49 CFR 385.403. (49 CFR 385.402)

 

"Safety Ratings" means:

 

A satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standards prescribed in 49 CFR 385.5.  Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.

 

A conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in occurrences listed in 49 CFR 385.5(a) through (k).

 

An unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that has resulted in occurrences listed in 49 CFR 385.5(a) through (k).

 

An unrated carrier means that a safety rating has not been assigned to the motor carrier by the FMCSA.  (49 CFR 385.3)

 

(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)

 

Section 3260.1020  Unsatisfactory Rated Motor Carriers

 

a)         Upon written notification from the FMCSA to a motor carrier that it has received a final "unsatisfactory" rating by the FMCSA under 49 CFR 385, that motor carrier shall not operate a commercial motor vehicle listed in Section 385.1000 in Illinois.

 

b)         When a carrier subject to the prohibition in Section 385.1000 is known to operate a commercial motor vehicle in Illinois, the Department will issue an order placing those operations out-of-service in Illinois.  The order will be served as prescribed under 92 Ill. Adm. Code 386.1020.

 

c)         Any motor carrier placed out-of-service by the Department pursuant to subsection (b) of this Section may appeal that order to the Secretary, who will investigate the matter.

 

1)         Appeals shall be filed in writing with the Secretary no more than 20 days after the out-of-service order is served as prescribed under 92 Ill. Adm. Code 386.1020.  The appeal shall contain the reason for the appeal and a contact person's name, address and telephone number.

 

2)         The Secretary's designee will appoint a Department employee to investigate every appeal submitted to the Department in accordance with this Part.  The operations declared out-of-service shall remain out-of-service in Illinois during the duration of the investigation.

 

3)         The Department's investigation will be concluded within 30 days after the receipt of the appeal by the Department.

 

4)         Within the 30 day investigative period, the Secretary will issue written notification to the petitioner indicating the Department's determination as to the correctness or incorrectness of the out-of-service order remaining in effect.

 

5)         The Department's written notification, served by certified mail return receipt requested, will include a statement of the facts relied upon and issues decided by the Department in making its determination.  The Department's determination is considered administratively final.

 

d)         Any motor carrier whose safety rating of "unsatisfactory" has become final under 49 CFR 385, that has been ordered out-of-service in Illinois by the Department and that has exhausted the appeal procedure or not timely filed an appeal under subsection (c) of this Section and that then willfully operates a commercial motor vehicle in Illinois described in Section 385.1000 will be referred by the Department to a State's Attorney or the Attorney General for prosecution of a Class 3 felony.

 

e)         Any person who willfully permits a motor carrier to operate a commercial motor vehicle in Illinois as described in subsection (d) of this Section will be referred by the Department to a State's Attorney or Attorney General for prosecution of a Class 3 felony.

 

f)         The Department will rescind its out-of-service order issued under this Section within five business days after being notified that the FMCSA has rescinded the "unsatisfactory" rating or will not assign a final "unsatisfactory" rating to the motor carrier.  After verification of the rescission from the FMCSA, written notification of the rescission will be sent within that time period by certified mail to the motor carrier.

 

(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)

 

Section 3260.2000  Incorporation by Reference of 49 CFR 385, subpart E and subpart F

 

a)         The Department incorporates by reference 49 CFR 385, subpart E and subpart F, as those subparts of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) were in effect on October 1, 2012, subject only to the exceptions in subsection (b).  No later amendments to or additions of 49 CFR 385, subpart E and subpart F, are incorporated.  Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9^th Street, Springfield, Illinois  62702 or by calling 217/785-1181.  The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov.  The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.

 

b)         The following interpretations of 49 CFR 385, subpart E and subpart F, shall apply for purposes of this Subpart:

 

1)         Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 385.

 

2)         Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code:  Chapter I, Subchapter d.

 

3)         Any reference to a section in the incorporated material shall be read to refer to that Section in the Illinois Motor Carrier Safety Regulations.

 

(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)