TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER d: MOTOR CARRIER SAFETY REGULATIONS
PART 386 PROCEDURES AND ENFORCEMENT
SECTION 386.1330 RENEWALS


 

Section 386.1330  Renewals

 

a)         Each application for the renewal of an exemption issued under this Subpart C must be filed prior to the expiration of the exemption.  To permit timely consideration, an application for renewal should be submitted at least 60 calendar days before the expiration of the exemption.  An exemption that is allowed to lapse will not be considered a renewal.  Initial application procedures as outlined in Section 386.1320 will apply in the case of lapsed exemptions. The exemption of an applicant that has timely filed an application for renewal will continue pending the consideration of the renewal.

 

b)         Each application for the renewal of an exemption issued under this Subpart C must:

 

1)         Be submitted to:

 

            Director, Division of Traffic Safety

            Illinois Department of Transportation

            P.O. Box 19212

1340 N. 9th St.

            Springfield, Illinois  62794-9212;

 

2)         Identify the exemption for which a renewal is requested;

 

3)         State the name, address and telephone number of the applicant;

 

4)         Include:

 

A)        A certification by the applicant that the information submitted in the original application, or as may have been updated by any subsequent application for renewal, is accurate and correct; or

 

B)        Such amendments to the previously submitted information as is necessary to update it and assure its accuracy and correctness;

 

5)         Include a statement describing all accident experience that has occurred in connection with the exemption since its issuance or most recent renewal, or, if no accidents have occurred, a certification to that effect. (See 92 Ill. Adm. Code 390.1020 for the definition of accident.)

 

c)         Upon receipt by the Division, the Division will date and time-stamp the application for renewal.  The Division will determine whether the application is complete and in conformance with this Subpart C.  The applicant will be requested to supply missing information or attachments.

 

d)         When the Division determines that the application for renewal is complete, an on-site visit will be conducted within 60 calendar days after the determination to verify that, for example, driver qualification requirements are being met and that the required vehicle repair, inspection and maintenance records are being maintained.

 

e)         A decision regarding the renewal of an exemption will be based upon the application and record assembled by the Division.  Exemptions will not be renewed unless the record establishes that the applicant meets the requirements of this Subpart C.

 

f)         A letter of approval will be mailed by the Director granting the renewal of the exemption.  The renewal is effective for a two year period from the date of the approval letter.

 

g)         A letter of denial containing a statement of the reasons why the exemption has not been renewed and the provisions of Subpart C that support the denial will be mailed to an applicant denied renewal.

 

h)         Applicants denied a renewal may correct deficiencies listed in the letter of denial and reapply if the application for renewal can be modified to meet the Department's objections as specified in the letter of denial, or applicants may appeal the decision as provided for in Section 386.1350.

 

i)          At any time there is a material change in the application for renewal or in any information relevant to the exemption, the applicant shall promptly notify the Division.  Failure to notify the Division will result in termination of the exemption.

 

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