Editing Regulation Quick Reference

ILLINOIS SPECIFIC VIOLATIONS

T625 ILCS 5/18b-102e – AUTHORIZES I.S.P. TO STOP/INSPECT TO DETERMINE COMPLIANCE
625 ILCS 5/18b-103 – COMPLIANCE WITH FEDERAL MCS REGS (18b-105 REGS ADOPTED)
625 ILCS 5/18B-108 – FELONY VIOLATIONS 
18c-4701    =   ICC# Required For-Hire Intra-State Transport Property

11-502.15b – Cannabis/drugs in CMV – DRIVER  (24hr OUT OF SERVICE violation)
11-502.15c – Cannabis/drugs in CMV – passenger 
**NOTE: ANY DRUGS/ALCOHOL FOUND IN THE CAB OR DRIVER SAYS IS HIS GETS LISTED ON MCS REPORT (if passenger/co-driver states it is his DO NOT LIST IN VIOLATION SECTION, BUT DO CHECK “SEARCH, ALCOHOL/DRUGS FOUND” BOXES ON MCS REPORT…  MAKE GOOD NOTES ON INSPECTION!

390 – FMCSA Regulations: General
.21b  Carrier name and/or USDOT # -must be displayed as “USDOT”
12-712 Company name required on construction equipment trucks
12-713 Commercial trucks to display name (or ICC approved insignia with ILcc# - $500. Fine)
.21e Rented over 30 days – name must be actual carrier on side of door (as opposed to Penske, for example)
3-411 – Registration Cab Card (aka, proof of registration for truck tractor)
376.11d1 – Rental/Lease agreement required (e.g., Penske must have rental agreement in box truck)
383.23 – Not in possession of CDL for State of Domicile (residing over 90 days, must be in state of domicile)
	6-501 Only one cdl allowed
	6-507 Cite for no valid CDL now as result of being domiciled/residing over 90 days (eg., lot of CDL holders out of WA who live in other states, use soundex)
	6-512 CDL address not current – out of state CDL holders
	6-511 CDL address not current – in state CDL holders
               6-104  violation of classification -check ALL gvwr’s and add together if over 26k CDL is required - Over 16k in Illinois class c required, 16k or under class d, also farm and RV plated vehicles are exempt From CDL ONLY!  Still need proper classification for the GVWR’s of driven vehicles. *OUT OF STATE LICENSES – google that states drivers license weight limit allowed, a lot of states allow 26k on a standard drivers license, some have a different class for 16k+ like Illinois.

391.  – Medical card required all CMV’s 10001 LBS+ (Intra/Inter-State/private even if a Class D)
392.2in – No insurance (proof required), following when over 26k:  392.2irp – No IRP (apportioned plate 
when req), 392.2FT- NO IFTA (check CVIEW), 392.2ucr – NO UCR (https://www.ucr.gov/enforcement)

392.  – Driving CMV   (illegal combination 15-107c for 2 hitch mount trailers, only 5th wheel to hitch mount allowed)
	.9 Cargo securement – 15-109   /   12-703 Vehicle dripping oil onto roadway
	.9a2 Failed to secure vehicle equipment (Dunnage)
	.9a3 Cab obstructed view/drivers legs/exit obstructed
	.9a  Operating authority (1st offense =warning, not OOS)
	.80  Texting VIO??
	.82 Hand-held phone VIO??
12-714 Possession of a radar/laser detector by a Commercial Motor Vehicle (see CMV definition 6-500)
393.  - Parts and Accessories -     392.7   PRE TRIP INSPECTION (said he did but found multiple violations)
	.9 Inoperable lights / 12-202 no clearance, id (3), side marker lamps),12-209C rev lite
	.11 Missing lamps
	.13 Retro Reflective strips?
	.19  Hazard lights
	.23PT All lights inoperable due to electric connection / 12-201b, 12-208,12-201c,
	.24a Headlamps 12-201
	.24b Foglamps (used instead of headlights) / 12-207b more than 3 aux lamps
	.25 Lamps
	.28 Electrical wiring
	.30 Battery
	.40 Brakes / 12-301 (unplugged red/blue air line, e-brake cable/battery, no in-cab brake controller)
12-602.1 “EXCESSIVE ENGINE BRAKING NOISE PROHIBITED – must be posted
	.43a Tractor protection valve or trailer safety valve (45-20 PSI activation)
	.43d  Emergency Break-away device required
	.45b Brake tubing -secured against chaffing, kinking, or contact with exhaust, or tires
	.45c Spring guards (hard plastic part of air line at connection that stops kinks)
	.45d Air line connection leaks 
	.47a Contaminated pads
	.47b Mismatched chambers
	.47d Cracked pads (12-301 look under trailer and see cracked pads)
	.48 Unattached brake air hose (12-301 brake vio, red-emergency brake, blue-service brake)
	.51 Low air warning (gauge required, **audible OR visual**)
	.55c2 Trailer ABS not functioning (12-301)
	.55e    In motion ABS light flashing (12-301)
	.60 Tint VIO -not less than 70% light trans(12-503 for Illinois registered)
	.70a Defective coupling devise – improper tracking, safety chains stretched (12-101)
	.71h10 2 Safety chains required (tow-away operation)
	.75a Flat tire, belt exposed/ b- steer tire no less than 4/32” / c- other tire no less than2/32”
	.75g Over tire load rating -must weigh at scale
	.78 Inoperable wipers/sprayer (12-503d)
	.81 Horn required (at least one)
	.83 Exhaust- rear of cab, not below fuel tank, no temp repairs, leaks
              .95  Fire extinguisher required (secured,not empty)
              .95– warning devices required (3- triangles,cones,flares) -392.22 if stopped and none placed
*IF .95 VIOLATION THEN ALSO LIST 392.8 FAILURE TO INSPECT/USE EMERGENCY EQUIPMENT -12-702

.201a – Frame cracks
	.201d Frame accessories/improper/not to manufacturers repair specs
	.205c Wheel Fasteners loose/missing… ie lug nuts 
	.207a Axle positioning parts loose/improper tracking
	.207f Air suspension pressure loss
393.75 TIRES (Flat, flopping, buldges, unsafe tire 12-405C)

395. ELD/LOGS – 150 mile radius from “normal home reporting location” (www.distancefromto.net use nautical miles.  If go out of 150 air mile radius more than 7 days in a 30 day stint then ELD required.  Drive away /tow away exempt from ELD -paper logs allowed at a min.)
	.20b ELD to window to view ??(meaning it needs to extend to the passenger side window)
	.22g ELD fixed location in driver’s view
	.22h1 Eld User’s manual in cab (can be on eld screen)
	.22h2 ELD Instruction sheet in cab (can be on eld screen)
	.22h3 ELD Malfunction reporting sheet (can be on eld screen)
	.22h4 Eight blank papers logs
	.24c2I CMV power unit number listed
	.24c2II CMV trailer number listed
	.24c2III CMV Shipping document number listed
	.24d Driver to produce and transfer logs (must be able to show logs AND transfer)
	.3a3II No 30 minute rest (within an 8 hours of driving time)
	.30b1 Driver to certify accuracy of ELD 
	.32B – Fail to assume/decline unassigned drive time
*395.34 - ELD MALFUNCTION- WRITTEN NOTIFICATION REQUIRED W/IN 24 HRS (DATES AND REASONS LISTED IN NOTES ON 1ST DAY OF PAPER LOG, SHALL BE ABLE TO HAVE PREVIOUS 7 DAYS AS WELL) - 8 DAYS OF PAPER LOGS ARE FOR DAYS WORKED (NOT DAYS OFF AND NOT DAYS USED AS LOCAL DRIVER FYI)
.8d09 No co-driver listed, when required
.8f07 No signature on logs
.8f09 Carrier address
.8f04 Log miles (odometer or miles per day – watch total miles and hours driven- ie 1020 miles in 4 hrs 
= 255 miles per hour average.  Use some math skills here, easy way to find false logs*)
395.3a3i – 11 hr drive rule violation
395.3a2 – 14 hr work rule violation when driving
395.8a1 – no record of duty status
395.8 – false log (*only oos if effects log at time of stop)
395.8k2  - no previous 7 days as required (today and one prior day can be corrected then NO oos, 
missing previous day 5 or prior IS an oos.)

***PLEASE LOOK INTO THESE LOGS, DO NOT JUST LOOK AT GRAPH, LOOK AT CITIES, MILAGE, HOURS DRIVING,  IF CITIES CHANGE AND MILAGE CHANGES BUT NO DRIVE TIME= QUESTION IT, AT A MINIMUM DOCUMENT IT IN THE NOTES FIELD!  FYI  IF 820 MILES DRIVEN IN 3 HOURS 52 MINUTES  = 322 MILES PER HOUR ON AVERAGE.....   RIGHT?820 DIVIDED BY 3HRS 52 MIN...   I HAVE FOUND THESE ON MULTIPLE INSPECTIONS!  IF THE BOTTOM OF THE PAGE IS SIGNED, WHICH IT SOULD BE IF THAT DAY IS COMPLETED, THAN EVERYTHING ON THAT PAGE IS ACCURATE TO THE DRIVER.  HOLD THEM TO IT!
                                                                                                                                                                                                                                                                                                                        396.   – INSPECTION/REPAIR/MAINTAIN                                                                                                                     
.3a1  -  all in safe & proper operating condition (no rim slippage, air leak at chamber, rust holes                                   in chambers, ect)  - 12-101
.5   -  oil leak (oil drips to ground during inspection)
.7  -  unsafe operations
12-707 Passenger vehicle max capacity violation
12-709 Slow moving emblem required (ex. Farm machinery on roadway)
12-710 Splash guards required on rear of trailer (tractor exempt)

396.17c - OPERATION WITHOUT PROOF OF ANNUAL INSPECTION (STICKER OR PAPERWORK, MUST BE ABLE TO READ DATES.  DATE ON STICKER SHALL BE DATE OF INSPECTION)     13-111 FOR ILLINOIS REGISTERED,  13-101 SAFETY TEST REQUIRED, 13-109.1 DIESEL EMMISION TEST REQUIRED OVER 16k (read section for applicable counties – farm trucks exempt)

****  396.9d3  -  fail to correct defects from previous inspection (list date and 
                                                department, Search CVIEW or TRACS  (case, master index, individual)****

TOLL EVASION : 
605 ILCS 10/27.1 - NO VISIBLE PLATE, NO I-PASS IN VEHICLE = DID NOT PAY, THIS IS A VIOLATION! WRITE IT! IF PLATE IS OBSTRUCTED - WRITE IT TOO!
ISTHA LEGAL STATES:
"There is NO statutory or administrative rule providing for grace period tolls.  The administrative rules require payment at the time the vehicle drives through and the rule says that it can be administratively handled (toll violations notices) or the ISP can issue a ticket.  If a ticket is issued, then no violation can be issued.  As the “grace period toll” applies only to the administrative notices, it does not affect a ticket.
 
The Admin Code provides:  “No vehicle shall be driven through a toll plaza collection facility without payment of the proper toll.  In the event of non-payment of the proper toll, as evidenced by video or photo surveillance system or toll collector's sworn statement, the registered owner of that vehicle shall, upon notice to the registered owner, be liable to make prompt payment to the Authority of the proper toll charge as well as applicable fines and fees.  This subsection shall not apply if the driver of the vehicle is fined or otherwise penalized for the same violation under the Vehicle Code or other rule or regulation regarding failure to pay the prescribed toll.”  92 Ill. Admin. Code 2520.269(e).

**CARGO SECUREMENT** 393.100 - 393.136
------   WORKING LOAD LIMIT -----
393.108 - WORKING LOAD LIMIT FOR TIE DOWNS CHART (TIE DOWNS IN GENERAL MUST SECURE HALF THE ACTUAL LOAD WEIGHT (SEE SHIPPING PAPERS), (1)A TIE DOWN THAT GOES OVER OR THROUGH FROM LEFT ANCHOR TO RIGHT SIDE ANCHOR IS GIVEN THE FULL WORKING LOAD LIMIT OF THE WEAKEST LINK, (2) IF A TIE DOWN GOES FROM LEFT SIDE OF TRAILER THROUGH LOAD AND BACK TO LEFT SIDE IT GETS HALF THE WORKING LOAD LIMIT OF THE WEAKEST LINK (SAME FOR LEFT SIDE TIE DOWN ATTACHED TO TRAILER DIRECT TO LOAD THAT IS RELIANT ON RIGHT SIDE TIEDOWN TO KEEP SECURE)

------ MINIMUM NUMBER OF TIE DOWNS REQUIRED ------ 393.110
*IF NOT BLOCKED BY HEADER, BULKHEAD, OTHER CARGO, = PENALTY STRAP = 2 TIE DOWNS WITHIN FIRST 10' AND 1 WITHIN EVERY ADDITIONAL 10'
*BLOCKED ALL PICES OF CARGO ARE BLOCKED BY HEADER, BULKHEAD, OTHER CARGO = 1 TIE DOWN WITHIN EVERY 10'

PERMITS, OVER WIDTH VIOLATIONS, PERMIT VIOLATIONS (If no toll permit, treat as if 
                                               NO permit – MEASURE IT!)
WIDTH – anything over 8’6” requires a permit, toll way only allows up to 12’, over width on toll road is allowed ONLY Mon-Sat 1/2 hr before sunrise till ½ hr after sunset and Sunday 1/2 hr before sunrise till noon. 
OVERDIMENSIONAL VEHICLES SHALL NOT BE OPERATED ON THE TOLLWAY ON THE FOLLOWING HOLIDAYS:  NEW YEAR’S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY OR CHRISTMAS DAY.  
Also NO over width over 10’ is allowed in construction zones!
If they are over width, write ticket 15-102 (8’6” max without permit)
If they hit a bridge, write height violation 15-103 (13’6” max without permit)
If they violate the permit also write violation for 15-301 J *make sure it is “petty offense”
15-105 Projecting load on passenger vehicle (not beyond fender to left, 6” only over right fender)
15-106 Protruding members of vehicles -boom arm, drill, ect – shall be secured from movement
15-107 Length violation (single vehicle 42’, motor home 45’, semi-trailer alone 53’, car/boat transport 60’, max load 80’, max over-all 100’)
15-109 Spilling/leaking load on highway
15-109.1 Covers/tarps on blowing,falling,sifting, dropping loads required (toll way act -requires ALL to be tarped regardless of load blowing out or not)

ALL OVER SIZED / OVER WEIGHT LOADS MUST HAVE IDOT PERMIT, IDOT PROVISION SHEET (oper993) AND TOLLWAY PERMIT (when on tollway).  IF NO TOLLWAY PERMIT THEN TREAT AS NO PERMIT AT ALL! HENCE OVER WEIGHT, OVER WIDTH, ECT. (**AG LOADS, HAT, STRAW, IMPLEMENTS ARE EXEMPT FROM WIDTH VIOLATION ONLY – UNTIL THEY HIT SOMETHING, IE TOLL BOOTH, CONST CONES, WORKERS…. 



15-111  OVER WEIGHT ENFORCEMENT
	Single axle allowable weight = 20,000 lbs
	Tandem axle allowable weight = 34,000 lbs (40”+ but less than 96” apart, if over 96”= single axles)
Regular tractor/semi trailer gross allowed = 80,000 lbs
Sortie (ie dump trailers, ect are usually allowed 65-68k (measure axle 1 to last axle and see chart in 15-111), but with a SHV (Special Hauling Vehicle) Permit (on tractor plate response and/or on registration card) then gross allowable is 72k.  ** If only over by 2k lbs and registered for less than 77K then read 15-112e (issue warn and make legal),  warnings for 1k over on fixed scale, 2k on portable scales (*still must make legal)

3-401d2   OVER WEIGHT ON REGISTRATION:  Apportioned plates expire April 1st and will return “NO RECORD” when you run the plate.  If you run the vin # and it does return this USUALLY means they have not paid for something with the registration, if day shift, call IL COMMERCIAL FARM AND TRUCK DIVISION #217-785-1801 (or 217-785-4175) to verify that the company has NOT paid.

EXAMPLE: Pick-up Truck car hauler trailer – usually an f350/3500 and the plates are usually for 26k.  If load is 3 suvs, 2 suvs & pick up it is usually over 26k. *hint* you can google search the “curb weight” or “dry weight” of the pick up truck, trailer, and each vehicle on the trailer, add em up and if over 25,500 lbs, take to scale.  IF over 26k then 3-401d2 (OVER WEIGHT TICKET), 6-507 (if no cdl), NO IFTA 392.2ft, NO IRP (if not apportioned plated 392.2irp).  Make them off load 1 vehicle to make legal and park vehicle in car parking lot, if they load it up later and you catch them again, now you can write 18b-103.1 Disobeying a Police Officer (class c mis’d) and hopefully tickets for all previous warnings from previous inspection.

** ALL OVER WEIGHTS SHALL BE MADE LEGAL PRIOR TO CONTINUING ON !! ** put this into mcs report notes that driver was advised and make sure another truck, grade-all, crane, ext is en-route to make legal.  You do NOT have to stay and watch them make legal. (exempt- fuel trucks, liquid bulk, livestock).
Some exceptions: 15-112 – hot asphalt or cement mixer is allowed 4k lbs grace to NOT OFF LOAD ONLY, if over 4k of their limit (ex 5,500 lbs over on gross, then would have to remove 1500 lbs to make legal allowable grace) need to make it down to over by 4k lbs grace limit.


FEDERAL REGULATIONS          49CFR PART  40/384.226 
*****Prohibition on masking convictions*****
State must not mask, defer imposition of judgment, or allow and individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.