Sec. 397.1020 - Incorporation By Reference of 49 CFR 397

ยง 397.1020. Incorporation By Reference of 49 CFR 397

a) The Department incorporates "Transportation of Hazardous Materials; Driving and Parking" (49 CFR 397) by reference 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 subsections (b) and (c). No later amendments to or editions of 49 CFR 397 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 The Division of Traffic Safety's rules are available on the Department's website at

b) 49 CFR 397.1 is deleted and not incorporated.

c) 49 CFR 397.2 is deleted and not incorporated.

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

e) The following addition to 49 CFR 397 shall apply for purposes of this Part.

Authorized Illinois State Police shall place drivers out-of-service for any violation of the Illinois Motor Carrier Safety Law [625 ILCS 5 /Ch. 18B] or the Illinois Motor Carrier Safety Regulations that warrants placing the driver out-of-service under the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020.


Amended at 37 Ill. Reg. 18361, effective November 4, 2013

Amended at 40 Ill. Reg. 2061, effective January 8, 2016)

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