The Illinois Motor Carrier Safety Law, 625 ILCS 5/18b-100, adopts the Federal Motor Carrier Safety Regulations and the Illinois Commercial Transportation Law, 625 ILCS, 5/18c-1101, vests the Illinois Commerce Commission (ICC) with authority to regulate intrastate motor carrying.
The General Assembly has specifically stated that the public policy of the State of Illinois is to regulate commercial motor carrying, and to “[P]rotect the public safety through administration of a program of safety standards and insurance.” 625 ILCS 5/18c-1103(f).
Pursuant to this authority the ICC has adopted almost all of the FMCSR, which adoption is contained in the Illinois Administrative Code.
Section 390.2000 Incorporation by Reference
a) 49 CFR 390, subpart B, is hereby incorporated by reference as that subpart of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2012, as amended by 78 FR 16189, March 14, 2013, subject only to the exceptions in subsection (b). No later amendments to or editions of 49 CFR 390, subpart B are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) The following interpretations of, additions to and deletions from 49 CFR 390, subpart B shall apply for the purposes of this Subpart:
1) 49 CFR 390.9 is deleted and not incorporated.
2) 49 CFR 390.19 and 49 CFR 390.21 apply to the following:
A) Commercial motor vehicles engaged in interstate commerce; and
B) Commercial motor vehicles engaged in intrastate commerce if the carrier requires a safety permit as required by 49 CFR 385.403.
3) Commercial motor vehicles subject to the safety permit requirements of 49 CFR 385.403 and engaged in intrastate commerce prior to January 1, 2005 are excepted from 49 CFR 390.19(a)(1).
4) 49 CFR 390.23(a)(2)(i)(A) is not incorporated and the following substituted:
An emergency has been declared by a Federal, State, or local government official having authority to declare an emergency, including but not limited to the Illinois Department of Transportation's Director, Division of Traffic Safety, or his or her designee.
5) 49 CFR 390.39(b)(1) is deleted and not incorporated.
6) Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 390.
7) Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter I, Subchapter d.
8) Any reference to a section in the incorporated material shall be read to refer to that Section in the IMCSR.
9) Any reference to "part 325 of subchapter A" shall be read to refer to "Compliance with Interstate Motor Carrier Noise Emission Standards" (49 CFR 325).
(Source: Amended at 38 Ill. Reg. 547, effective December 19, 2013)