Illinois Compiled Statutes
625 ILCS 5/ - Illinois Vehicle Code.
Chapter 18b - Motor Carrier Safety Regulations

(625 ILCS 5/Ch. 18B heading)

(625 ILCS 5/Ch. 18B Art. I heading)

(625 ILCS 5/18b-100) (from Ch. 95 1/2, par. 18b-100)
Sec. 18b-100.
Short Title.
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".

(Source: P.A. 86-611.)

(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter:
"Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects.
"Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and:
"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.
"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year.
"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.

(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)

(625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
Sec. 18b-102.
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
training activities.
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/18b-103) (from Ch. 95 1/2, par. 18b-103)
Sec. 18b-103.
Compliance with this Chapter.
Transportation by motor
vehicle of persons or property in commerce that is not in compliance with
this Chapter or any rules and regulations issued under this Act is prohibited.

(Source: P.A. 86-611.)

(625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
Sec. 18b-103.1.
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
misdemeanor offense.

(Source: P.A. 87-768; 88-476.)

(625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
Sec. 18b-104.

Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.

(Source: P.A. 86-611.)

(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
(Text of Section before amendment by P.A. 102-982)
Sec. 18b-105. Rules and Regulations.
(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.
(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:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs;
Part 380 - Special Training Requirements;
Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties;
Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and
Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(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.
(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).
(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.
(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.

(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; 94-739, eff. 5-5-06.)
(Text of Section after amendment by P.A. 102-982)
Sec. 18b-105. Rules and Regulations.
(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.
(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:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs;
Part 380 - Special Training Requirements;
Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties;
Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and
Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(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.
(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).
(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.
(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.

(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23.)

(625 ILCS 5/18b-106) (from Ch. 95 1/2, par. 18b-106)
Sec. 18b-106.
Application of Chapter and Regulations.
Except as
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.

(Source: P.A. 86-611; 87-829.)

(625 ILCS 5/18b-106.1)
Sec. 18b-106.1.

Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
shall
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.

(Source: P.A. 92-108, eff. 1-1-02.)

(625 ILCS 5/18b-106.2)
Sec. 18b-106.2. Hours of service; utility service interruption emergencies.
(a) As used in this Section:
"Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code.
"Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code.
"Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5.
"Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service.
"Utility service vehicle" has the meaning set forth in 49 CFR 395.2.
(b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency.
(c) A utility service interruption emergency continues until:
(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she:
of a utility service provider in an employment capacity in which the commercial driver's license is used; and
(e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less.
(f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.

(Source: P.A. 94-1, eff. 5-23-05.)

(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties. Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
railroad-highway
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
may require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.

(Source: P.A. 94-519, eff. 8-10-05.)

(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
(Text of Section before amendment by P.A. 102-982)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General.
(d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.

(Source: P.A. 99-291, eff. 1-1-16.)
(Text of Section after amendment by P.A. 102-982)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General.
(d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.

(Source: P.A. 102-982, eff. 7-1-23.)

(625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
Sec. 18b-109.
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.

(Source: P.A. 86-611.)

(625 ILCS 5/18b-110) (from Ch. 95 1/2, par. 18b-110)
Sec. 18b-110.
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.

(Source: P.A. 86-611.)

(625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
Sec. 18b-111.
Review Under Administrative Review Law.
All
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
hereafter amended.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.

(Source: P.A. 102-538, eff. 8-20-21.)