HB1411 Engrossed

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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The Illinois Vehicle Code is amended  by adding 
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Section 18b-106.2 as follows:
 
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    (625 ILCS 5/18b-106.2  new)
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    Sec. 18b-106.2. Hours of service; utility service 
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interruption emergencies.
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    (a) As used in this Section:
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    "Commercial driver's license" has the meaning set forth in 
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Section 1-111.6 of this Code.
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    "Commercial motor vehicle" has the meaning set forth in 
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Section 18b-101 of this Code.
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    "Utility service interruption emergency" means an outage 
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or interruption of utility service in Illinois occasioned by a 
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set of circumstances included in the definition of "emergency" 
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set forth at 49 CFR 390.5.
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    "Utility service" means the repairing, maintaining, or 
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operating of any structures or any other physical facilities 
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necessary for the delivery of utility services, including the 
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furnishing of electric, gas, water, sanitary sewer, telephone, 
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and television cable or community antenna service.
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    "Utility service vehicle" has the meaning set forth in 49 
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CFR 395.2.
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    (b) Upon receipt of notification of a utility service 
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interruption emergency by a utility service provider, the 
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Illinois Department of Transportation shall declare that an 
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emergency exists pursuant to 49 CFR 390.23.  Should an audit by 
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the Illinois Department of Transportation establish that there 
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has been an abuse of the notification procedure by a utility 
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service provider, the Illinois Department of Transportation 
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may refuse to grant emergency declarations to that utility 
 


 






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service provider in the future without further confirmation of 
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the existence of a utility service interruption emergency.
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    (c) A utility service interruption emergency continues 
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until:
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        (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 or 
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    repair work have returned to their respective normal work 
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    routines.
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    (d) An individual is exempt from any regulation of the 
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maximum hours of service that an employee may work under 49 CFR 
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395 if he or she:
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        (1)  is the holder of a commercial driver's license;
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        (2)  is:
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            (A)  an employee;
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            (B)  an employee of a contractor; or
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            (C)  an employee of a subcontractor;
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    of a utility service provider in an employment capacity in 
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    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 
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    repair work in response to a utility service interruption 
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    emergency.
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    (e) The exemption from maximum hours of service regulations 
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provided under subsection (d) shall not exceed the duration of 
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the utility service provider's or driver's direct assistance in 
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providing utility service interruption emergency relief, or 5 
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days from the date of the initial declaration, whichever is 
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less.
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    (f) Nothing in this amendatory Act of the 94th General 
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Assembly shall be construed to contravene any federal law or to 
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jeopardize State of Illinois entitlement to federal funding.  If 
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any provision of this amendatory Act of the 94th General 
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Assembly or its application is found to jeopardize federal 
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funding, that provision is declared invalid but does not affect 
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any other provision or application.  The provisions of this 
 


 






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amendatory Act of the 94th General Assembly are declared to be 
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severable.

 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.