Sec. 387.1050 - Applicability

ยง 387.1050. Applicability

a) This Part applies to for-hire motor carriers operating motor vehicles transporting property in interstate commerce.

b) This Part applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate or intrastate commerce.

c) Exceptions:

1) This Part does not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,000 pounds. This exception does not apply if the vehicle is used to transport any quantity of a Division 1.1, 1.2, or 1.3 material, any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A, or to a highway route controlled quantity of a Class 7 material as it is defined in 49 CFR 173.403, in interstate commerce.

2) This Part does not apply to the transportation of non-bulk oil or non-bulk hazardous materials, substances, or wastes in intrastate commerce, except that this Part does apply to the transportation of a highway route controlled quantity of a Class 7 material as defined in 49 CFR 173.403, in intrastate commerce. ( 49 CFR 387.3, October 1, 2006)

d) This Part applies to for-hire motor carriers transporting passengers in interstate commerce only.

e) Exceptions. This Part does not apply to:

1) An interstate motor vehicle transporting only school children and teachers to or from school;

2) An interstate motor vehicle providing taxicab service and having a seating capacity of fewer than 7 passengers and not operated on a regular route or between specified points;

3) An interstate motor vehicle carrying fewer than 16 individuals in a single daily round trip to commute to and from work; and

4) An interstate motor vehicle operated by a motor carrier under contract providing transportation of preprimary, primary, and secondary students for extracurricular trips organized, sponsored, and paid for by a school district. ( 49 CFR 387.27, October 1, 2006)

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Amended at 32 Ill. Reg. 10392, effective June 25, 2008

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