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90_HB2563
625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
Amends the Illinois Vehicle Code. Provides that the
hours of service of drivers provisions of the Federal Motor
Carrier Safety Regulations for all agricultural movements,
between the period of February 1 through November 30 (instead
of February 15 through June 30) each year, shall not apply to
certain intrastate carriers, drivers, or vehicles. Effective
immediately.
LRB9008113NTsb
LRB9008113NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18b-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18b-105 as follows:
7 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
8 Sec. 18b-105. Rules and Regulations.
9 (a) The Department is authorized to make and adopt
10 reasonable rules and regulations and orders consistent with
11 law necessary to carry out the provisions of this Chapter.
12 (b) The following parts of Title 49 of the Code of
13 Federal Regulations, as now in effect, are hereby adopted by
14 reference as though they were set out in full:
15 Part 390-Federal Motor Carrier Safety Regulations:
16 General;
17 Part 391-Qualifications of Drivers;
18 Part 392-Driving of Motor Vehicles;
19 Part 393-Parts and Accessories Necessary for Safe
20 Operation;
21 Part 395-Hours of Service of Drivers; and
22 Part 396-Inspection, Repair and Maintenance.
23 (c) The following parts and Sections of the Federal
24 Motor Carrier Safety Regulations shall not apply to those
25 intrastate carriers, drivers or vehicles subject to
26 subsection (b).
27 (1) Section 393.93 of Part 393 for those vehicles
28 manufactured before June 30, 1972.
29 (2) Section 393.86 of Part 393 for those vehicles
30 which are registered as farm trucks under subsection (c)
31 of Section 3-815 of The Illinois Vehicle Code.
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1 (3) (Blank).
2 (4) (Blank).
3 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
4 (6) All of Part 395 for all agricultural movements
5 as defined in Chapter 1, between the period of February 1
6 15 through November June 30 each year, and all farm to
7 market agricultural transportation as defined in Chapter
8 1 and for grain hauling operations within a radius of 200
9 air miles of the normal work reporting location.
10 (7) Paragraphs (b)(3) (insulin dependent diabetic)
11 and (b)(10) (minimum visual acuity) of Section 391.41 of
12 part 391, but only for any driver who immediately prior
13 to July 29, 1986 was eligible and licensed to operate a
14 motor vehicle subject to this Section and was engaged in
15 operating such vehicles, and who was disqualified on July
16 29, 1986 by the adoption of Part 391 by reason of the
17 application of paragraphs (b)(3) and (b)(10) of Section
18 391.41 with respect to a physical condition existing at
19 that time unless such driver has a record of accidents
20 which would indicate a lack of ability to operate a motor
21 vehicle in a safe manner.
22 (d) Intrastate carriers subject to the recording
23 provisions of Section 395.8 of Part 395 of the Federal Motor
24 Carrier Safety Regulations shall be exempt as established
25 under paragraph (1) of Section 395.8; provided, however, for
26 the purpose of this Code, drivers shall operate within a 150
27 air-mile radius of the normal work reporting location to
28 qualify for exempt status.
29 (e) Regulations adopted by the Department subsequent to
30 those adopted under subsection (b) hereof shall be identical
31 in substance to the Federal Motor Carrier Safety Regulations
32 of the United States Department of Transportation and adopted
33 in accordance with the procedures for rulemaking in Section
34 5-35 of the Illinois Administrative Procedure Act.
-3- LRB9008113NTsb
1 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
2 revised 10-8-97.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.