Regulation Quick Reference

NOTICE: THIS QUICK REFERENCE CONTAINS REGULATORY ROADMAPS SPECIFIC TO ILLINOIS JURISDICTION (625 ILCS / 605 ILCS) AND COMPLEMENTS FEDERAL MOTOR CARRIER SAFETY REGULATIONS.**

Enforcement Authority & State Statutes

Core Inspection Authority

• 625 ILCS 5/18b-102e – Authorizes I.S.P. to stop and inspect to determine compliance.
• 625 ILCS 5/18b-103 – Mandates compliance with Federal MCS Regulations and must assist with inspection process (18b-105 regs adopted).
• 625 ILCS 5/18b-108 – Felony violations.
• 625 ILCS 5/18c-4701 – ICC# Required for-hire intra-state transport of property.

Cannabis, Alcohol, and Contraband

• 625 ILCS 5/11-502.15b – Cannabis/drugs in CMV: DRIVER (24hr OUT OF SERVICE violation).
• 625 ILCS 5/11-502.15c – Cannabis/drugs in CMV: Passenger.
  • INSPECTION PROTOCOL FOR CONTRABAND:
  • Any drugs, alcohol, or contraband found in the cab, or if the driver states it is theirs, gets listed on the MCS report.
  • Contraband not belonging to the driver is not a violation.
  • All contraband found should result in noting the "Search" and "Alcohol/Drugs Found" boxes on the MCS report.
  • Make good notes on inspection!

390 – General Regulations

• 390.21b – Carrier name (b)(1) and USDOT number (b)(2). Number must be preceded by the letters "USDOT" with no space (e.g., USDOT1234567).
• 625 ILCS 5/12-712 – Construction equipment to display company name; self propelled or towed.
• 625 ILCS 5/12-713 – Commercial trucks used by construction contractors or subcontractors to display company name.(or ICC approved insignia with ILcc# - $500 fine).
• 390.21e – Rented over 30 days: Name must be actual carrier on side of door (as opposed to Penske, for example).
• 625 ILCS 5/3-411 OR 625 ILCS 5/18c-4604 – Registration Cab Card (typically for apportioned vehicles) or registration card (truck plate). 3-411 makes no mention of digital/phone version being an option.
• 376.11d1 – Rental/Lease agreement required (e.g., Penske must have rental agreement in box truck).

CDL & Licensing Classification Boundaries

• 383.23 – Not in possession of CDL for State of Domicile (residing over 90 days, must be in state of domicile).
• 625 ILCS 5/6-501 – Only one CDL allowed.
• 625 ILCS 5/6-507 – Cite for no valid CDL now as a result of being domiciled/residing over 90 days (e.g., lot of CDL holders out of WA who live in other states, use soundex).
• 625 ILCS 5/6-512 – CDL address not current: Out of state CDL holders.
• 625 ILCS 5/6-511 – CDL address not current: In state CDL holders.
• 625 ILCS 5/6-104 – Violation of classification.
  • Check ALL GVWR’s and add together. If over 26k, a CDL is required.
  • Over 16k in Illinois, a Class C is required; 16k or under, a Class D.
  • 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 state's driver's license weight limit allowed. A lot of states allow 26k on a standard driver's license, while some have a different class for 16k+ like Illinois.

391 & 392 – Driver Qualifications & Driving Laws

• 391.11 – Medical card required all CMV’s 10,001 LBS+ (Intra/Inter-State/private even if a Class D). Must be able to conduct an inspection in English without assistance.
• 392.2in – No insurance (proof required).
• 392.2irp – No IRP (apportioned plate when required over 26k).
• 392.2FT – No IFTA (check CVIEW).
• 392.2ucr – No UCR (verify via ucr.gov).
• 392 – Driving CMV (illegal combination 625 ILCS 5/15-107c for 2 hitch mount trailers; only 5th wheel to hitch mount allowed).
• 392.9 – Cargo securement (Cross-reference 625 ILCS 5/15-109 / 625 ILCS 5/12-703 Vehicle dripping oil onto roadway).
• 392.9a2 – Failed to secure vehicle equipment (Dunnage).
• 392.9a3 – Cab obstructed view / driver's legs / exit obstructed. Clear path for occupants to exit required.
• 392.9a – Operating authority (1st offense = warning, not OOS).
• 392.60 -- Unauthorized persons not to be transported
• 392.80 – Texting violation.
• 392.82 – Hand-held phone violation.
• 625 ILCS 5/12-714 – Possession of a radar/laser detector by a Commercial Motor Vehicle (see CMV definition 6-500).

393 – Parts and Accessories Necessary for Safe Operation

Lighting, Electrical, and Glass

• 392.7 – Pre-trip inspection (said he did but found multiple violations).
• 393.9 – Inoperable lights / 625 ILCS 5/12-202 no clearance, id (3), side marker lamps), 625 ILCS 5/12-209C reverse light.
• 393.11 – Missing lamps.
• 393.13 – Retroreflective strips.
• 393.19 – Hazard lights.
• 393.23PT – All lights inoperable due to electric connection / 625 ILCS 5/12-201b, 625 ILCS 5/12-208, 625 ILCS 5/12-201c.
• 393.24a – Headlamps 625 ILCS 5/12-201.
• 393.24b – Fog lamps (used instead of headlights) / 625 ILCS 5/12-207b more than 3 aux lamps.
• 393.25 – Lamps.
• 393.28 – Electrical wiring.
• 393.30 – Battery.
• 393.60 – Tint violation: Not less than 70% light transmission (625 ILCS 5/12-503 for Illinois registered).

Brakes

• 393.40 – Brakes / 625 ILCS 5/12-301 (unplugged red/blue air line, e-brake cable/battery, no in-cab brake controller).
• 625 ILCS 5/12-602.1 – "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED" – must be posted.
• 393.43a – Tractor protection valve or trailer safety valve (45-20 PSI activation).
• 393.43d – Emergency breakaway device required.
• 393.45b – Brake tubing: Secured against chafing, kinking, or contact with exhaust or tires.
• 393.45c – Spring guards (hard plastic part of air line at connection that stops kinks).
• 393.45d – Air line connection leaks.
• 393.47a – Contaminated pads.
• 393.47b – Mismatched chambers.
• 393.47d – Cracked pads (625 ILCS 5/12-301 look under trailer and see cracked pads).
• 393.48 – Unattached brake air hose (625 ILCS 5/12-301 brake violation: Red = Emergency brake, Blue = Service brake).
• 393.51 – Low air warning (gauge required, audible OR visual).
• 393.55c2 – Trailer ABS not functioning (625 ILCS 5/12-301).
• 393.55e – In motion ABS light flashing (625 ILCS 5/12-301).

Coupling Devices, Tires, and Accessories

• 393.70a – Defective coupling device: Improper tracking, safety chains stretched (625 ILCS 5/12-101).
• 393.71h10 – 2 Safety chains required (tow-away operation).
• 393.75 – Tires: Flat, flopping, bulges, unsafe tire (625 ILCS 5/12-405C).
• 393.75a – Flat tire, belt exposed.
• 393.75b – Steer tire no less than 4/32”.
• 393.75c – Other tire no less than 2/32”.
• 393.75g – Over tire load rating: Must weigh at scale.
• 393.78 – Inoperable wipers/sprayer (625 ILCS 5/12-503d).
• 393.81 – Horn required (at least one).
• 393.83 – Exhaust: Rear of cab, not below fuel tank, no temp repairs, leaks.
• 393.95 – Fire extinguisher required (secured, not empty).
• 393.95 – Warning devices required (3 triangles, cones, or flares).
  • Use 392.22 if stopped on the roadway/shoulder and none are placed.
  • *IF A .95 VIOLATION IS FOUND, ALSO LIST 392.8 FAILURE TO INSPECT/USE EMERGENCY EQUIPMENT (625 ILCS 5/12-702).

Frames, Wheels, and Suspensions

• 393.201a – Frame cracks.
• 393.201d – Frame accessories: Improper or not to manufacturer's repair specs.
• 393.205c – Wheel fasteners loose/missing (i.e., lug nuts).
• 393.207a – Axle positioning parts loose/improper tracking.
• 393.207f – Air suspension pressure loss.

395 – Hours of Service & ELD Logs

Short-Haul Perimeters & Software Hardware

• 395 – 150 air-mile radius from "normal home reporting location" (Avoid the distance from to website, loaded with ads. Use Google Maps "measure distance" tool. HOW-TO: Measure distance between two points).
  • If traveling out of the 150 air-mile radius more than 8 days in a 30-day stint, an ELD is required.
  • Drive-away/tow-away operations are exempt from ELD requirements (paper logs allowed at a minimum).
• 395.20b – ELD to window to view (meaning it needs to extend to the passenger side window).
• 395.22g – ELD fixed location in driver’s view.
• 395.22h1 – ELD User’s manual in cab (can be on ELD screen). THIS RULE IS PENDING REMOVAL: FMCSA MAY REMOVE THIS RULE DUE TO REDUNDENCY. INSTEAD, THE FMCSA SUGGESTS USING PERFORMANCE BASED VIOLATIONS of 395.24.
• 395.22h2 – ELD Instruction sheet in cab (can be on ELD screen).
• 395.22h3 – ELD Malfunction reporting sheet (can be on ELD screen).
• 395.22h4 – Eight blank paper logs required.
• 395.24c2I – CMV power unit number listed.
• 395.24c2II – CMV trailer number listed.
• 395.24c2III – CMV Shipping document number listed.
• 395.24d – Driver to produce and transfer logs (must be able to show logs AND transfer). Web service OR email transfer. PENDING REMOVAL OF 395.22h1 FMCSA states to use 395.24d should driver say "I don't know how to transfer."

HOS Violations & Log Auditing

• 395.3a3II – No 30-minute rest (within 8 hours of driving time).
• 395.30b1 – Driver to certify accuracy of ELD.
• 395.32B – Fail to assume/decline unassigned drive time.
• 395.34 – ELD MALFUNCTION: Written notification required within 24 hours. Dates and reasons must be listed in notes on the 1st day of the paper log. Shall be able to produce the previous 7 days as well. 8 days of paper logs are for days worked (not days off and not days used as a local driver).
• 395.8d09 – No co-driver listed, when required.
• 395.8f07 – No signature on logs.
• 395.8f09 – Carrier address missing.
• 395.8f04 – Log miles missing (odometer or miles per day).
• 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 it affects the log status at the exact time of the stop.
• 395.8k2 – No previous 7 days as required. Today and one prior day can be corrected on scene to avoid OOS. Missing day 5 or prior IS an automatic OOS.

AUDITING STRATEGY: LOOK INTO THESE LOGS

• Do not just look at the graph grid. Look at the cities, mileage, and hours driven.
• If cities change and mileage changes but no drive time is logged: Question it! At a minimum, document it in the inspection notes field.
• Use some math skills here — easy way to find false logs:
  • Watch the total miles and hours driven. If a log indicates 1,020 miles driven in 4 hours, that is a 255 MPH average.
  • If you find 820 miles driven in 3 hours 52 minutes, that equals a 212 MPH average speed. I have uncovered these on multiple inspections!

• If the bottom of the page is signed, everything on that page is certified accurate by the driver. Hold them to it!

396 – Inspection, Repair, and Maintenance

• 396.3a1 – All in safe and proper operating condition (no rim slippage, air leak at chamber, rust holes in chambers, etc.). Cross-reference 625 ILCS 5/12-101.
• 396.5 – Oil leak (oil drips directly to the ground during inspection).
• 396.7 – Unsafe operations.
• 625 ILCS 5/12-707 – Passenger vehicle max capacity violation.
• 625 ILCS 5/12-709 – Slow moving emblem required (ex. Farm machinery on roadway).
• 625 ILCS 5/12-710 – Splash guards required on rear of trailer (tractor is exempt).
• 396.17c – Operation without proof of annual inspection (sticker or paperwork). Must be able to read dates. Date on sticker shall be the exact date of inspection.
  • Cross-reference 625 ILCS 5/13-111 for Illinois registered.
  • 625 ILCS 5/13-101 Safety test required/state inspection sticker
  • 625 ILCS 5/13-109.1 Diesel emission test required over 16k (read section for applicable counties; farm trucks are exempt).
• 396.9d3 – Fail to correct defects from a previous inspection. List the date and department. Search CVIEW or TRACS (case, master index, individual).

Toll Evasion Enforcement (Illinois Tollway)

• 605 ILCS 10/27.1 – NO VISIBLE PLATE, NO I-PASS IN VEHICLE = DID NOT PAY. THIS IS A VIOLATION! WRITE IT! IF THE PLATE IS OBSTRUCTED, WRITE IT TOO!
• Illinois State Toll Highway Authority (ISTHA) LEGAL POSITION:
  • There is NO statutory or administrative rule providing for a grace period for tolls. The administrative rules require payment at the time the vehicle drives through. The rule says that it can be administratively handled (toll violations notices) or the ISP can issue a ticket.
  • If a ticket is issued on scene, no administrative violation notice can be issued. As the “grace period toll” applies only to the administrative mail notices, it does not affect a uniform traffic ticket.
  • The Admin Code provides: “No vehicle shall be driven through a toll plaza collection facility without payment of the proper toll..." 92 Ill. Admin. Code 2520.269(e).

Cargo Securement (393.100 – 393.136)

Working Load Limit (WLL) Calculations

• 393.108 – Working load limit for tie-downs chart. Tie-downs in general must secure half the actual load weight (Verify via shipping papers).

1. A tie-down that goes over or through from the left anchor to the right side anchor is given the full working load limit of the weakest link.
2. If a tie-down goes from the left side of the trailer, through the load, and back to the left side, it gets half the working load limit of the weakest link (Same for a left-side tie-down attached to the trailer directly to the load that is reliant on a right-side tie-down to keep it secure).

Minimum Number of Tie-Downs Required

• 393.110 – Quantity minimums.
• Unblocked Cargo: If not blocked by a header, bulkhead, or other cargo, a penalty strap applies. This requires 2 tie-downs within the first 10 feet and 1 within every additional 10 feet (or fraction thereof).
• Blocked Cargo: If all pieces of cargo are physically blocked by a header, bulkhead, or other cargo, it requires 1 tie-down within every 10 feet.

Permits, Dimensional Bounds, and Weight Enforcement

Dimensional Envelope Limitations

• 625 ILCS 5/15-102 – Width: Anything over 8’6” requires a permit. The tollway only allows up to 12’ via standard permit.
  • Over-width on the toll road is allowed ONLY Mon-Sat 1/2 hr before sunrise until 1/2 hr after sunset, and Sunday 1/2 hr before sunrise until noon.
  • Over-dimensional 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 active construction zones! If they are over-width without a permit, write 15-102 (8’6” max).
• 625 ILCS 5/15-103 – Height: If they hit a bridge, write height violation (13’6” max without permit).
• 625 ILCS 5/15-301J – If they violate permit provisions, write this section. Make sure it is cited as a “petty offense”.
• 625 ILCS 5/15-105 – Projecting load on passenger vehicle (not beyond fender to left, 6” max allowed over right fender).
• 625 ILCS 5/15-106 – Protruding members of vehicles (boom arm, drill, etc.) shall be secured from movement.
• 625 ILCS 5/15-107 – Length violations: Single vehicle 42’, motor home 45’, semi-trailer alone 53’, car/boat transport 60’, max load overhang 80’, max overall length 100’.
• 625 ILCS 5/15-109 – Spilling/leaking load on highway.
• 625 ILCS 5/15-109.1 – Covers/tarps on blowing, falling, sifting, or dropping loads. Tollway Act requires ALL open-bed loads to be tarped regardless of whether the material is actively blowing out or not.
• Note on Permits: All oversized / overweight loads must have an IDOT permit, an IDOT provision sheet (oper993), and a tollway permit (when on the tollway). If there is no tollway permit, treat it as if they have NO permit at all (hence: write for absolute over-weight, over-width, etc.). Agricultural loads, hay, straw, and implements are exempt from width violations only—until they hit something (e.g., toll booth, construction cones, workers).

Statutory Weight Limitations

• 625 ILCS 5/15-111 – Overweight Enforcement:
  • Single axle allowable weight = 20,000 lbs
  • Tandem axle allowable weight = 34,000 lbs (40”+ but less than 96” apart. If 96” or over, they count as single axles).
  • Regular tractor/semi-trailer gross allowed = 80,000 lbs
  • Short wheel-base combinations (e.g., dump trailers) are usually restricted to 65k–68k based on axle measurements and the bridge chart. If a Special Hauling Vehicle (SHV) permit is active (verified on tractor plate response and/or registration card), the allowable gross is 72,000 lbs.
• 625 ILCS 5/15-112e – Tolerances: If over weight by less than 2,000 lbs and registered for less than 77k, issue a warning and make them legal on scene. Warnings apply for 1,000 lbs over on fixed scales, and 2,000 lbs over on portable scales (still must be made legal).

Registration Overweights & Hot Shot Audits

• 625 ILCS 5/3-401d2 – Overweight on Registration.
  • Apportioned plates expire April 1st and will return “NO RECORD” when run. If running the VIN also returns this, it usually means payment issues. On day shift, call the IL Commercial Farm and Truck Division at 217-785-1801 (or 217-785-4175) to verify non-payment.
  • Pick-up Truck Car Haulers: Usually an F350/3500 running plates capped at 26,000 lbs. If hauling 3 SUVs, or 2 SUVs and a pickup, they are almost always over 26k.
  • Hint: Google search the "curb weight" or "dry weight" of the pickup truck, the trailer, and each cargo vehicle. Add them up. If over 25,500 lbs, escort to a scale. If over 26k, write: 3-401d2 (Registration Overweight), 6-507 (If no CDL), 392.2FT (No IFTA), and 392.2irp (No IRP if not apportioned).
  • Compel them to off-load 1 vehicle to make legal and park it in a car parking lot. If they load it back up later and you catch them again, write 625 ILCS 5/18b-103.1 Disobeying a Police Officer (Class C Misdemeanor) alongside tickets for all previous warnings. OFF-LOADING & EXEMPTIONS:
    • All overweights shall be made legal prior to continuing on! Put a note in the MCS report stating the driver was advised and make sure another truck, crane, or roll-back is en route to make it legal. You do NOT have to stay and watch them perform the transfer.
    • Exempt Commodities: Fuel trucks, liquid bulk tankers, and live livestock are exempt from offloading but receive citations.
    • Hot Mix/Cement Exceptions: Per 15-112, hot asphalt or cement mixers are allowed a 4,000 lbs grace window to NOT offload. If a concrete mixer is 5,500 lbs over its limit, they must dump 1,500 lbs of material to get down into that 4,000 lbs allowable grace limit.

384.226 – Prohibition on Masking Convictions

• 384.226 – Masking convictions constraint.
• The State of Illinois must not mask, defer imposition of judgment, or allow an 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 from appearing on the CDLIS driver record.
• This mandate excludes parking, vehicle weight, or vehicle equipment defect violations, regardless of whether the offense was committed in Illinois or another jurisdiction.

HAZMAT

177.804 - Compliance with FMCSA regulations in parts 383, 390 through 397, stop at railroads (392.12), prohibition against using a phone (texting 392.80 or talking 392.82) while driving.