92 Ill. Adm. Code 30000.3000.1150
Stopping of Vehicles
Section 107
TITLE 92: TRANSPORTATION
CHAPTER V: ILLINOIS STATE POLICE
SUBCHAPTER a: HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS
PART 3000 PROCEDURES
SECTION 3000.1150 STOPPING OF VEHICLES
Section 3000.1150 Stopping
of Vehicles
a) The State Police shall stop any vehicle when the State Police
has reason to believe that an imminent hazard exists. "Imminent
hazard," as used in this section, exists if there is a likelihood that
death, serious illness, or personal injury will occur prior to the completion
of a formal proceeding initiated to abate the risk of such harm.
b) If the State Police stop a vehicle pursuant to 92 Ill. Adm.
Code 171.2(c), the State Police shall prevent the further movement of the
hazardous materials and shall tag the vehicle carrying the hazardous material
so as to place the vehicle out of service until such time as the imminent
danger observed is abated.
c) Whenever the State Police stop and inspect any motor vehicle
for any violation of the Act or IHMTR and identify violations that trigger
placing the hazardous material shipment out-of-service under the "North
American Uniform Out-of-Service Criteria," the State Police shall prevent
the further movement of the hazardous material and shall issue an out-of-service
order by tagging the hazardous material shipment so as to place it
out-of-service until such time as the unsafe condition is corrected and the
shipment complies with the IHMTR. North American Uniform Hazardous Materials Out-of-Service
Criteria include but are not limited to:
1) Transporting hazardous materials not accompanied by a shipping
paper that indicates hazardous materials are being transported;
2) Fifty percent or more of required placards for a hazard class
are missing or any placards misrepresent the hazardous materials being
transported;
3) Transporting hazardous materials in a bulk packaging not
authorized for the material being transported; and
4) Hazardous materials leaking from a package. (North American
Uniform Out-of-Service Criteria, Commercial Vehicle Safety Alliance Operations
Manual, April 1, 1998)
d) Whenever the State Police stop a vehicle and the driver or
operator of the vehicle is able to properly abate the existing danger, the
vehicle shall be permitted to continue in service; however, the State Police
shall notify the Director of the matter and the Director shall notify the
employer of the driver or operator and the owner or lessor of the vehicle if
the owner or lessor is not the employer.
(Recodified
from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A.
104-0025, at 49 Ill. Reg. 12509)