Illinois Compiled Statutes 625 ILCS 5/18b-106.2 – Hours of service; utility service interruption emergencies
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(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 C.F.R. § 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 C.F.R. § 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 C.F.R. § 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:
(1) the necessary maintenance or repair work is
“Commercial driver’s license” has the meaning set forth in Section 1-111.6 of this Code.
Terms Used In Illinois Compiled Statutes 625 ILCS 5/18b-106.2
- 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. See Illinois Compiled Statutes 625 ILCS 5/18b-101
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“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 C.F.R. § 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 C.F.R. § 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 C.F.R. § 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:
(1) the necessary maintenance or repair work is
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completed; and
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(2) personnel used to perform necessary maintenance
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or repair work have returned to their respective normal work routines.
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(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 C.F.R. § part 395 if he or she:
(1) is the holder of a commercial driver’s license;
(2) is:
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
of a utility service provider in an employment capacity
(1) is the holder of a commercial driver’s license;
(2) is:
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
of a utility service provider in an employment capacity
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in which the commercial driver’s license is used; and
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(3) operates a commercial motor vehicle as a utility
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service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency.
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(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.
(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.