Section 3440.1000  General

This Part prescribes the requirements for driving and parking for each motor carrier engaged in the transportation of hazardous materials by a motor vehicle in Illinois.

(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)

Section 3440.1010  Application

a)         This Part applies to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which 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 motor 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.

b)         Each person designated in subsection (a) must know and obey the rules in this Part.

c)         This Part does 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.

(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)

Section 3440.1020  Incorporation By Reference of 49 CFR 397

a)         The Department incorporates "Transportation of Hazardous Materials; Driving and Parking" (49 CFR 397) by reference as that part 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) was in effect on October 1, 2014, subject only to the exceptions in subsections (b) and (c).  No later amendments to or editions of 49 CFR 397 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)         49 CFR 397.1 is deleted and not incorporated.

c)         49 CFR 397.2 is deleted and not incorporated.

d)         References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.

e)         The following addition to 49 CFR 397 shall apply for purposes of this Part.

Authorized Illinois State Police shall place drivers out-of-service for any violation of the Illinois Motor Carrier Safety 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.

(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)