Section 386.1300  Purpose and Scope

a)         This Subpart C applies to vehicles that are not subject to 92 Ill. Adm. Code 383 (i.e., operators required to obtain a commercial driver's license cannot qualify for this public utility exemption).

b)         Drivers who operate utility service vehicles, as defined in 92 Ill. Adm. Code 390.1020, are exempt from the provisions of 92 Ill. Adm. Code 395.  (See 92 Ill. Adm. Code 395.1000(b).) (See 49 CFR 395.1(n).)  Drivers of utility service vehicles seeking relief from the hours of service requirements in 92 Ill. Adm. Code 395 are not required to follow the procedures contained in this Subpart C.

c)         This Subpart C prescribes procedures by which a public utility, as defined in Section 386.1010 and that is not subject to the FMCSR, may obtain administrative relief from 92 Ill. Adm. Code 390, 392, 393, 396 and 397 in the form of an exemption.  Exemptions provided for in this Subpart C will be granted only when they insure levels of safety consistent with the public interest, with the IMCSR, and with the tolerance guidelines established in 49 CFR 350, appendix C.

(Source:  Amended at 37 Ill. Reg. 18316, effective November 4, 2013)