a) The
Department incorporates by reference 49 CFR
390, as that part 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, 2014,, subject only to the exceptions in subsection (b). No later amendments
to or editions of 49 CFR
390 are incorporated. Copies of the appropriate
material are available from the Division of Traffic Safety, 1340 N.
9
th 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 shall apply for the purposes of this
Subpart:
1)49 CFR
390.subpart A is deleted
and not incorporated.
2)
49 CFR
390.9 is deleted and not
incorporated.
3)
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.
4) 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).
5)
49 CFR
390.23(a)(2)(i)(A) is not
incorporated and the following is 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.
7)
49
CFR
390.40(a) and (b) do not
apply to intermodal equipment providers who operate intermodal equipment in
intrastate commerce.
8)
49 CFR
390.103(a)(1) is not
incorporated and the following is substituted:
Be licensed, certified or registered in accordance with
applicable State laws and regulations to perform physical examinations. In
Illinois, the term includes doctors of medicine, doctors of osteopathy, doctors
of chiropractic, physician assistants who have been delegated the performance
of medical examinations by their supervising physicians, and advanced practice
nurses who have a written collaborative agreement with a collaborating
physician that authorizes them to perform physical
examinations.
9) 49 CFR
390
.subpart E does not apply to commercial motor vehicles used in intrastate
commerce.
10) Any reference to
"this part" in the incorporated material shall mean 92 Ill. Adm. Code
390.
11) Any reference to "this
chapter" or "this subchapter" in the incorporated material shall mean 92 Ill.
Adm. Code: Chapter I, Subchapter d.
12) Any reference to a section in the
incorporated material shall be read to refer to that Section in the
IMCSR.
13) 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).
