Illinois Trucking Laws and Regulations

Over 925 million tons of freight move through Chicago annually, much of it via commercial trucks. With so much intrastate and interstate commerce along Illinois highways, understanding federal and Illinois trucking laws and regulations is essential for both commercial truck drivers and everyday motorists. 

Our skilled Chicago truck accident attorneys will also use these regulations to identify liability and hold negligent agencies accountable. 

What is The Relationship Between State and Federal Trucking Regulations?

Both federal regulations and Illinois trucking laws strictly regulate commercial motor vehicles. While federal law sets minimum requirements for the trucking industry, state trucking regulations can impose stricter requirements on intrastate drivers and commercial truck drivers on interstate highways within their jurisdiction. 

Illinois generally has much stronger state laws and regulations than the federal government. 

Do FMCSA Regulations and Federal Regulations Ensure Safety?

The Federal Motor Carrier Safety Administration (FMCSA) is the department tasked with enforcing federal regulations and working with state agencies like the Illinois Department of Transportation (IDOT). 

FMCSA requires trucking companies to prioritize safety and prevent driver fatigue. These regulations cover things like rest periods, drug and alcohol testing, vehicle maintenance, and weight limits on highways. Together, these prevent accidents and ensure the safety of everyone on the road. 

What is Compliance With Hours of Service and Service Regulations?

The FMCSA enforces daily and weekly limits on driving time for commercial drivers. Property-carrying drivers can drive a maximum of 11 hours after 10 hours off-duty, while drivers who transport passengers can only drive 10 hours after 8 hours off-duty. They also cannot drive more than 60 hours in a week (49 CFR Part 395). 

Illinois trucking laws generally follow the FMCSA for hours of service, but do have some exceptions for certain circumstances, like utility truck drivers in times of service interruptions (625 ILCS 5/18b-106.2). 

Electronic logging devices are used to track hours of service and can be used in truck accident cases where the commercial vehicle driver has gone beyond their mandated driving time. 

Are There Weight Limits and Weight Restrictions on Roadways in Illinois?

Illinois has a maximum gross vehicle weight rating of 80,000 pounds for five axles. These weight regulations are based on the Federal Bridge Formula, which determines how much weight a bridge can carry before being damaged. 

While most commercial trucks do not exceed weight limits on interstate bridges, some bridges have lower limits, and an overweight truck could be fined. 

Are There Special Rules for Transporting Hazardous Materials?

Illinois law strictly regulates the transport of hazardous materials. The driver must have a commercial driver’s license (CDL) with an endorsement for these materials (625 ILCS 5/6-507). 

They also must display hazardous material placards, plan their routes to avoid non-HM highways, and park their trucks in safe areas to prevent injury to anyone. If an accident occurs involving these materials, there may be much harsher penalties than for non-hazardous freight or passenger car accidents (430 ILCS 30/11). 

What Are The Licensing Differences for Intrastate and Interstate Drivers?

Illinois trucking laws enable drivers 18 years or older to operate commercial vehicles within state lines. However, truck drivers must be at least 21 to operate interstate commercial vehicles (625 ILCS 5/6-507). This is in line with federal law, which does not allow CDL permits to anyone under 21. 

How To Determine Liability After a Truck Accident?

Understanding these laws and regulations is essential for securing maximum compensation. While all commercial truck drivers are required to carry liability insurance under federal and state regulations, the trucker’s insurance company will push to minimize its financial responsibility. 

Multiple parties can be held liable after a truck crash, including the following:

• Truck Drivers: If the driver knowingly transports hazardous freight without the proper endorsements or ignores posted restrictions on cargo weight, they can be held responsible. They also must follow any posted signs along their route, like shifting into a lower gear on steep grades. Failure to follow these recommendations can make them liable.
• Trucking Company: Companies must ensure that their drivers do not exceed their driving time or push drivers to complete long routes without breaks. They should also provide appropriate vehicle maintenance. Failure to follow these regulations can lead to liability and, in some cases, regulatory penalties. 
• Cargo Company: The cargo owner should ensure that the truck is not over any limits and that it has been loaded in a way that would prevent it from tipping over. They must disclose what type of cargo is being loaded and ensure that the driver has the proper endorsements to transport that type of material. Should cargo shift during transit and cause an accident, agencies that loaded the material can be liable.
• Maintenance Companies: In some cases, commercial truck maintenance teams will be pressured to approve a vehicle that has serious deficiencies. If they refuse to perform proper maintenance and there is a mechanical failure, they can be liable. 

Our Chicago personal injury law firm will use evidence like logging devices, surveillance footage, police reports, and witness statements to understand how the accident occurred and who may be liable. The Illinois Supreme Court has also ruled that post-accident photographs can be used to demonstrate the extent of damage and potential fault (Peach v. McGovern). 

Why Hire a Chicago Truck Accident Lawyer?

Trucking companies will aggressively deny responsibility, using laws like modified comparative negligence to claim you were primarily negligent (735 ILCS 5/2-1116). However, our attorneys are well-versed in all relevant trucking regulations and will ensure that these companies are held liable for any failure to comply with the law. 

Our Million Dollar Advocates have secured over $450 million in personal injury verdicts and settlements during the past 25 years, helping over 5,000 clients get justice. We work on a contingency fee basis: no fees unless we win your claim. 

Contact us at (888) 424-5757 or use our online contact form to schedule a free consultation and explore your legal options.