Full Text of HB1387 94th General Assembly
HB1387eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 18b-105 and 18b-107 as follows:
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| (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
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| Sec. 18b-105. Rules and Regulations.
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| (a) The Department is authorized to make and adopt | 9 |
| reasonable rules and
regulations and orders consistent with law | 10 |
| necessary to carry out the
provisions of this Chapter.
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| (b) The following parts of Title 49 of the Code of Federal | 12 |
| Regulations,
as now in effect, are hereby adopted by reference | 13 |
| as though they were set
out in full:
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| Part 40-Procedures For Transportation Workplace Drug and | 15 |
| Alcohol Testing Programs; | 16 |
| Part 380-Special Training Requirements; | 17 |
| Part 382-Controlled Substances and Alcohol Use and | 18 |
| Testing;
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| Part 383 - Commercial Driver's License Standards, | 20 |
| Requirements, and
Penalties;
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| Part 385 - Safety Fitness Procedures;
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| Part 386 Appendix B-Penalty Schedule; Violations and | 23 |
| Maximum Monetary Penalties; | 24 |
| Part 387-Minimum Levels of Financial Responsibility for | 25 |
| Motor Carriers;
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| Part 390 - Federal Motor Carrier Safety Regulations: | 27 |
| General;
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| Part 391 - Qualifications of Drivers;
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| Part 392 - Driving of Motor Vehicles;
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| Part 393 - Parts and Accessories Necessary for Safe | 31 |
| Operation;
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| Part 395 - Hours of Service of Drivers, except as provided |
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| in
Section 18b-106.1; and
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| Part 396 - Inspection, Repair and Maintenance ; and | 3 |
| Part 397-Transportation of hazardous materials; Driving | 4 |
| and Parking Rules .
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| (b-5) Individuals who meet the requirements set forth in | 6 |
| the definition
of "medical examiner" in Section 390.5 of Part | 7 |
| 390 of Title 49 of the Code
of Federal Regulations may act as | 8 |
| medical examiners in accordance with
Part 391 of Title 49 of | 9 |
| the Code of Federal Regulations.
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| (c) The following parts and Sections of the Federal Motor | 11 |
| Carrier Safety
Regulations shall not apply to those intrastate | 12 |
| carriers, drivers or
vehicles subject to subsection (b).
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| (1) Section 393.93 of Part 393 for those vehicles | 14 |
| manufactured before
June 30, 1972.
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| (2) Section 393.86 of Part 393 for those vehicles which | 16 |
| are registered
as farm trucks under subsection (c) of | 17 |
| Section 3-815 of this Code.
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| (3) (Blank).
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| (4) (Blank).
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| (5) Paragraph (b)(1) of Section 391.11 of Part 391.
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| (6) All of Part 395 for all agricultural movements as | 22 |
| defined in Chapter
1, between the period of February 1 | 23 |
| through November 30
each
year,
and all farm to market | 24 |
| agricultural transportation as defined in
Chapter 1
and for | 25 |
| grain hauling operations within a radius of 200 air miles | 26 |
| of the
normal work reporting location.
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| (7) Paragraphs (b)(3) (insulin dependent diabetic) and | 28 |
| (b)(10) (minimum
visual acuity) of Section 391.41 of part | 29 |
| 391, but only for any driver who
immediately prior to July | 30 |
| 29, 1986 was eligible and licensed to operate a
motor | 31 |
| vehicle subject to this Section and was engaged in | 32 |
| operating such
vehicles, and who was disqualified on July | 33 |
| 29, 1986 by the adoption of Part
391 by reason of the | 34 |
| application of paragraphs (b)(3) and (b)(10) of Section
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| 391.41 with respect to a physical condition existing at | 36 |
| that time unless such
driver has a record of accidents |
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| which would indicate a lack of ability to
operate a motor | 2 |
| vehicle in a safe manner.
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| (d) Intrastate carriers subject to the recording | 4 |
| provisions of Section
395.8 of Part 395 of the Federal Motor | 5 |
| Carrier Safety Regulations shall be
exempt as established under | 6 |
| paragraph (1) of Section 395.8; provided,
however, for the | 7 |
| purpose of this Code, drivers shall operate within a 150
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| air-mile radius of the normal work reporting location to | 9 |
| qualify for exempt
status.
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| (e) Regulations adopted by the Department subsequent to | 11 |
| those adopted
under subsection (b) hereof shall be identical in | 12 |
| substance to the Federal
Motor Carrier Safety Regulations of | 13 |
| the United States Department of
Transportation and adopted in | 14 |
| accordance with the procedures for rulemaking
in Section 5-35 | 15 |
| of the Illinois Administrative Procedure Act.
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| (Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02; 92-249; | 17 |
| eff. 1-1-02;
92-651, eff. 7-11-02; 92-703, eff. 7-19-02; | 18 |
| revised 7-30-02.)
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| (625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
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| Sec. 18b-107. Violations - Civil penalties. Except as | 21 |
| provided in Section 18b-108, any person who is determined
by | 22 |
| the Department after reasonable notice and opportunity for a | 23 |
| fair and
impartial hearing to have committed an act in | 24 |
| violation of this Chapter
or any rule or regulation issued | 25 |
| under this Chapter is liable to the State
for a civil penalty. | 26 |
| Such person is subject to a civil penalty as prescribed by | 27 |
| Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations | 28 |
| and Maximum Monetary Penalties
of not more
than $5,000 for such | 29 |
| violation , except that a person committing a
railroad-highway
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| grade crossing violation is subject to a civil penalty of not | 31 |
| more than
$10,000, and, if any such violation is a continuing | 32 |
| one,
each day of violation constitutes a separate offense. The | 33 |
| amount of any
such penalty shall be assessed by the Department | 34 |
| by a written notice. In
determining the amount of such penalty, | 35 |
| the Department shall take into
account the nature, |
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| circumstances, extent and gravity of the violation and,
with | 2 |
| respect to a person found to have committed such violation, the | 3 |
| degree
of culpability, history or prior offenses, ability to | 4 |
| pay, effect on
ability to continue to do business and such | 5 |
| other matters as justice
may require.
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| Such civil penalty is recoverable in an action brought by | 7 |
| the State's
Attorney or the Attorney General on behalf of the | 8 |
| State in the circuit
court or, prior to referral to the State's | 9 |
| Attorney or the Attorney
General, such civil penalty may be | 10 |
| compromised by the Department. The
amount of such penalty when | 11 |
| finally determined (or agreed upon in
compromise), may be | 12 |
| deducted from any sums owed by the State to the person
charged. | 13 |
| All civil penalties collected under this subsection shall be
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| deposited in the Road Fund.
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| (Source: P.A. 92-249, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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