Sec. 395.2000 - Incorporation by Reference of 49 CFR 395

ยง 395.2000. Incorporation by Reference of 49 CFR 395

a) "Hours of Service of Drivers" (49 CFR 395) is incorporated by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR Subchapter B) was in effect on October 1, 2019, as amended by 85 FR 33396 (June 1, 2020), subject only to the exceptions in subsection (c). No later amendments to or editions of 49 CFR 395 are incorporated. Copies of 49 CFR 395 are available for inspection at 2300 South Dirksen Parkway, Springfield, Illinois 62764 or by calling (217)785-1181. The incorporated CFR may also be accessed via the U.S. Government Publishing Office's website at http://www.ecfr.gov.

b) References to subchapters, parts, subparts, sections, or paragraphs shall be read to refer to the appropriate citation in 49 CFR.

c) 49 CFR 395.1(h) and 395.1(i) are not incorporated.

d) A contract carrier shall limit the hours of service by a driver transporting employees in the course of their employment on a road or highway of this State in a vehicle designed to carry 15 or fewer passengers to 12 hours of vehicle operation per day, 15 hours of on-duty service per day, and 70 hours of on-duty service in 7 consecutive days. The contract carrier shall require a driver who has 12 hours of vehicle operation per day or 15 hours of on-duty service per day to have at least 8 consecutive hours off duty before operating a vehicle again. (Section 18b-106.1 of the Law) If the driver drives over 12 hours per day or performs more than 15 hours of on-duty service per day, the driver must complete a log book for that day.

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Amended at 37 Ill. Reg. 18346, effective November 4, 2013

Amended at 40 Ill. Reg. 2050, effective January 8, 2016 Amended at 42 Ill. Reg. 5918, effective March 14, 2018 Amended at 44 Ill. Reg. 18603, effective November 9, 2020)

AGENCY NOTE: See 92 Ill. Adm. Code 386, Subpart C: Public Utility Exemptions, for provisions relating to possible exemptions from 92 Ill. Adm. Code 390, 392, 393, 396 and 397 for applicable intrastate public utility commercial motor vehicles.

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