As used in this Part:
"Applicable Safety Regulations or Requirements" means 49 CFR
chapter III, subchapter B - Federal Motor Carrier Safety Regulations or, if the
carrier is an intrastate motor carrier subject to the hazardous materials
safety permit requirements in subpart E of 49 CFR 385, 92 Ill. Adm. Code
Subchapter d: Motor Carrier Safety Regulations and 49 CFR chapter I, subchapter
C - Hazardous Materials Regulations.
"Commercial Motor Vehicle" means the same as the meaning
ascribed to it in 92 Ill. Adm. Code
390.1020, except
that Subpart B of this Part applies to intrastate motor carriers that transport
those hazardous materials listed in
49 CFR
385.403 and incorporated by reference at
Section
385.2000(a)
of this Part.
"Compliance Review" means an on-site examination of a motor
carrier's operations, such as the drivers' hours of service, maintenance and
inspection, driver qualification, commercial drivers license requirements,
financial responsibility, accidents, hazardous materials, and other safety and
transportation records to determine whether a motor carrier meets the safety
fitness standard. A compliance review may be conducted in response to a request
to change a safety rating, to investigate potential violations of safety
regulations by a motor carrier, or to investigate complaints or other evidence
of safety violations. The compliance review may result in the initiation of an
enforcement action. (
49 CFR
385.3 )
"Department" means the Illinois Department of
Transportation.
"Federal Motor Carrier Safety Administration" or "FMCSA"
means an agency within the United States Department of Transportation.
"Out-of-Service Order" means a prohibition against operating
a commercial motor vehicle.
"Pipeline and Hazardous Materials Safety Administration" or
"PHMSA" means the Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, Washington, DC 20590. (
49 CFR
171.8 )
"Safety Management Controls" means the systems, policies,
programs, practices, and procedures used by a motor carrier to ensure
compliance with applicable safety and hazardous materials regulations, that
ensure the safe movement of products and passengers through the transportation
system, and to reduce the risk of highway accidents and hazardous materials
incidents resulting in fatalities, injuries, and property damage. (
49 CFR
385.3 )
"Safety Permit" means a document issued by the FMCSA that
contains a permit number and confers authority to transport in commerce the
hazardous materials listed in
49 CFR
385.403. (
49 CFR
385.402 )
"Safety Ratings" means:
A satisfactory safety rating means that a motor carrier has
in place and functioning adequate safety management controls to meet the safety
fitness standards prescribed in
49 CFR
385.5. Safety management controls are
adequate if they are appropriate for the size and type of operation of the
particular motor carrier.
A conditional safety rating means a motor carrier does not
have adequate safety management controls in place to ensure compliance with the
safety fitness standard that could result in occurrences listed in
49 CFR 385.5(a) through
(k).
An unsatisfactory safety rating means a motor carrier does
not have adequate safety management controls in place to ensure compliance with
the safety fitness standard that has resulted in occurrences listed in
49 CFR 385.5(a) through
(k).
An unrated carrier means that a safety rating has not been
assigned to the motor carrier by the FMCSA. (
49 CFR
385.3 )