093_HB0717ham001

 










                                     LRB093 05819 DRH 14275 a

 1                     AMENDMENT TO HOUSE BILL 717

 2        AMENDMENT NO.     .  Amend House Bill  717  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 18b-101, 18b-102, 18b-103.1, and 18b-109 as
 6    follows:

 7        (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
 8        Sec. 18b-101.  Definitions.  Unless the context otherwise
 9    clearly requires, as used in this Chapter:
10        "Commercial motor vehicle" means any  self  propelled  or
11    towed  vehicle  used  on  public  highways  in interstate and
12    intrastate commerce to transport passengers or property  when
13    the  vehicle  has  a  gross  vehicle  weight, a gross vehicle
14    weight  rating,  a  gross  combination  weight,  or  a  gross
15    combination weight rating of 10,001 or more  pounds;  or  the
16    vehicle  is  designed  to  transport more than 15 passengers,
17    including the driver; or the vehicle is designed to carry  15
18    or  fewer  passengers  and  is operated by a contract carrier
19    transporting employees in the course of their employment on a
20    highway of  this  State;  or  the  vehicle  is  used  in  the
21    transportation of hazardous materials in a quantity requiring
22    placarding    under    the   Illinois   Hazardous   Materials
 
                            -2-      LRB093 05819 DRH 14275 a
 1    Transportation Act.  This definition shall not  include  farm
 2    machinery,    fertilizer   spreaders,   and   other   special
 3    agricultural movement equipment described  in  Section  3-809
 4    nor implements of husbandry as defined in Section 1-130;
 5        "Officer"   means   Illinois   State  Police  Officer  or
 6    Certified Compliance Officer from the Illinois Department  of
 7    Transportation, Division of Traffic Safety;
 8        "Person"   means   any   natural  person  or  individual,
 9    governmental   body,    firm,    association,    partnership,
10    copartnership,  joint  venture,  company,  corporation, joint
11    stock company, trust, estate or any  other  legal  entity  or
12    their legal representative, agent or assigns.
13    (Source: P.A. 91-179, eff. 1-1-00; 92-108, eff. 1-1-02.)

14        (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
15        Sec.  18b-102.   Authority  of Department.  To the extent
16    necessary to  administer  this  Chapter,  the  Department  is
17    authorized to:
18        (a)  Adopt by reference all or any portion of the Federal
19    Motor   Carrier  Safety  Regulations  of  the  United  States
20    Department of Transportation, as they are  now  or  hereafter
21    amended.
22        (b)  Conduct    investigations;   make   reports;   issue
23    subpoenas;  conduct  hearings;  require  the  production   of
24    relevant  documents,  records and property; take depositions;
25    and, in conjunction with the Illinois State  Police,  conduct
26    directly or indirectly research, development, demonstrations,
27    and training activities, and vehicle and driver inspections.
28        (c)  Authorize  any  officer  or  Department  employee to
29    enter upon, inspect and examine at reasonable times and in  a
30    reasonable  manner,  the records and properties of persons to
31    the  extent  such  records  and  properties  relate  to   the
32    transportation by motor vehicle of persons or property.
33        (d)  Conduct  a  continuing  review of all aspects of the
 
                            -3-      LRB093 05819 DRH 14275 a
 1    transportation of persons and property by  motor  vehicle  in
 2    order  to determine and recommend appropriate steps to assure
 3    safe transportation by motor vehicle in Illinois.
 4        (e)  Administer  and  enforce  the  provisions  of   this
 5    Chapter  and  any  rules  and  regulations  issued under this
 6    Chapter.   Only  the  Illinois  State  Police  and  Certified
 7    Compliance  Officers  from   the   Illinois   Department   of
 8    Transportation,   Division   of   Traffic  Safety,  shall  be
 9    authorized to stop and inspect any commercial  motor  vehicle
10    or  driver  at  any  time  for  the  purpose  of  determining
11    compliance  with  the provisions of this Chapter or rules and
12    regulations issued under this Chapter.
13    (Source: P.A. 90-89, eff. 1-1-98.)

14        (625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
15        Sec. 18b-103.1.  Obedience to Police Officer.
16        (a)  No person shall willfully fail or refuse  to  comply
17    with  any lawful order or direction of any officer authorized
18    by law to enforce this Chapter and  to  perform  vehicle  and
19    driver  motor  carrier safety inspections under this Chapter.
20    Lawful  orders  or   directions   shall   include   providing
21    documentation  and answering questions necessary to determine
22    compliance with the provisions of this Chapter.   The  driver
23    or  owner  shall  assist  the  officer, as needed, during the
24    course of any such inspection.
25        (b)  Any person who violates this Section shall be guilty
26    of a Class C misdemeanor offense.
27    (Source: P.A. 87-768; 88-476.)

28        (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
29        Sec. 18b-109.   Enforcement  of  Rules  and  Regulations.
30    Only  the  Illinois  State  Police  and  Certified Compliance
31    Officers from  the  Illinois  Department  of  Transportation,
32    Division  of  Traffic  Safety,  shall  enforce  the rules and
 
                            -4-      LRB093 05819 DRH 14275 a
 1    regulations issued under this Chapter against  drivers.   The
 2    Department  and  the  Illinois State Police shall enforce the
 3    rules and  regulations  issued  under  this  Chapter  against
 4    persons other than drivers.
 5    (Source: P.A. 86-611.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.".