92 Ill. Adm. Code 34400.3440.1020
Incorporation By Reference of 49 CFR 397
TITLE 92: TRANSPORTATION
CHAPTER V: ILLINOIS STATE POLICE
SUBCHAPTER b: MOTOR CARRIER SAFETY REGULATIONS
PART 3440 TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING
SECTION 3440.1020 INCORPORATION BY REFERENCE OF 49 CFR 397
Section 3440.1020
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. 9
th
Street, Springfield, Illinois 62702 or by calling
217/785-1181. The FMCSR are available on the National Archives and Records
Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic
Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
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.
(Recodified
from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A.
104-0025, at 49 Ill. Reg. 12561)