{"data":{"id":"us-il/625-ilcs-5-18b-105","jurisdiction":"us-il","citation":"625 ILCS 5/18b-105","heading":"Rules and regulations.","body":"(a) The Department is authorized to make and adopt reasonable rules and regulations and orders consistent with law necessary to carry out the provisions of this Chapter.\n(b) The following parts of Title 49 of the Code of Federal Regulations, as now in effect, are hereby adopted by reference as though they were set out in full:\nPart 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs;\nPart 380 - Special Training Requirements;\nPart 382 - Controlled Substances and Alcohol Use and Testing;\nPart 383 - Commercial Driver's License Standards, Requirements, and Penalties;\nPart 385 - Safety Fitness Procedures;\nPart 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties;\nPart 387 - Minimum Levels of Financial Responsibility for Motor Carriers;\nPart 390 - Federal Motor Carrier Safety Regulations: General;\nPart 391 - Qualifications of Drivers;\nPart 392 - Driving of Motor Vehicles;\nPart 393 - Parts and Accessories Necessary for Safe Operation;\nPart 395 - Hours of Service of Drivers, except as provided in Section 18b-106.1;\nPart 396 - Inspection, Repair and Maintenance; and\nPart 397 - Transportation of hazardous materials; Driving and Parking Rules.\n(b-5) Individuals who meet the requirements set forth in the definition of \"medical examiner\" in Section 390.5 of Part 390 of Title 49 of the Code of Federal Regulations may act as medical examiners in accordance with Part 391 of Title 49 of the Code of Federal Regulations.\n(c) The following parts and Sections of the Federal Motor Carrier Safety Regulations shall not apply to those intrastate carriers, drivers or vehicles subject to subsection (b).\n(1) Section 393.93 of Part 393 for those vehicles manufactured before June 30, 1972.\n(2) Section 393.86 of Part 393 for those vehicles registered as farm trucks under subsection (c) of Section 3-815 of this Code.\n(3) (Blank).\n(4) (Blank).\n(5) Paragraph (b)(1) of Section 391.11 of Part 391.\n(6) All of Part 395 for all agricultural operations as defined in Section 18b-101 of this Chapter at any time of the year and all farm to market agricultural transportation as defined in Chapter 1 and for grain hauling operations within a radius of 200 air miles of the normal work reporting location.\n(7) Paragraphs (b)(3) (insulin dependent diabetic) and (b)(10) (minimum visual acuity) of Section 391.41 of part 391, but only for any driver who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to this Section and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of Part 391 by reason of the application of paragraphs (b)(3) and (b)(10) of Section 391.41 with respect to a physical condition existing at that time unless such driver has a record of crashes which would indicate a lack of ability to operate a motor vehicle in a safe manner.\n(d) Intrastate carriers subject to the recording provisions of Section 395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be exempt as established under paragraph (1) of Section 395.8; provided, however, for the purpose of this Code, drivers shall operate within a 150 air-mile radius of the normal work reporting location to qualify for exempt status.\n(e) Regulations adopted by the Department subsequent to those adopted under subsection (b) hereof shall be identical in substance to the Federal Motor Carrier Safety Regulations of the United States Department of Transportation and adopted in accordance with the procedures for rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.","path":["CHAPTER 625 VEHICLES","Illinois Vehicle Code."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1815\u0026ChapterID=49\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:40Z","sha256":"b3e47fb47b5ffc8952f1a2d8adc87c42d3c66c2f8e1c40dd92a1e19f4419b930","source_id":"us-il","stale":false,"prev":"us-il/625-ilcs-5-18b-104.2","next":"us-il/625-ilcs-5-18b-106"},"notice":"GroundRules: Original legal text. Not legal advice."}
