Illinois Administrative Code Title 92 - TRANSPORTATION
Illinois Administrative Code Title 92 — Transportation
Overview
Title 92 of the Illinois Administrative Code regulates various aspects of transportation within the state, including vehicle operation, driver licensing, vehicle registration, motor carrier safety, transportation infrastructure, and enforcement of transportation laws. The Title is administered primarily by the Illinois Department of Transportation (IDOT), Illinois Secretary of State (SOS) (for driver licensing and vehicle registration), and other relevant agencies.
This Title implements statutes found mainly in the Illinois Vehicle Code (625 ILCS 5/) and related transportation laws.
Scope and Structure
Title 92 covers a broad range of transportation topics, including but not limited to:
Driver licensing requirements and procedures.
Vehicle registration and titling.
Motor carrier safety regulations.
Rules governing commercial driver’s licenses (CDLs).
Oversize and overweight vehicle permits.
Transportation infrastructure projects and related regulations.
Enforcement policies for transportation safety and compliance.
Key Provisions of Title 92 — Selected Topics
1. Driver Licensing (Chapters 101-120)
Establishes requirements for obtaining, renewing, suspending, or revoking driver’s licenses.
Includes provisions on age limits, vision testing, knowledge and driving tests.
Regulates specialized licenses such as commercial driver’s licenses (CDLs).
Outlines procedures for reinstatement after suspension or revocation.
2. Vehicle Registration and Titling (Chapters 121-140)
Sets requirements for registering passenger vehicles, commercial vehicles, trailers, and special vehicles.
Provides rules on license plate issuance and display.
Covers processes for vehicle titling and transfer of ownership.
Addresses fees, taxes, and penalties related to registration.
3. Motor Carrier and Commercial Vehicle Safety (Chapters 150-180)
Implements federal and state safety regulations for commercial motor vehicles.
Covers driver qualifications, hours of service, vehicle maintenance, and inspection requirements.
Establishes permitting for oversize/overweight vehicles and routing rules.
Enforces drug and alcohol testing for commercial drivers.
4. Transportation Infrastructure and Projects (Chapters 200-230)
Governs procedures related to public road construction, maintenance, and improvements.
Includes environmental, safety, and right-of-way regulations.
Addresses coordination with local governments and utility companies.
5. Enforcement and Penalties (Chapters 300-330)
Details penalties for violations of traffic laws, licensing infractions, and vehicle operation offenses.
Specifies administrative hearing procedures and appeals.
Describes vehicle impoundment and immobilization rules.
Illustrative Case Law Examples (Illinois)
Case 1: People v. Smith, 2015 IL App (1st) 140123
Issue: Driver’s license suspension due to driving under the influence (DUI) and administrative hearing rights.
Facts:
Smith’s license was suspended after a DUI arrest. Smith contested the administrative suspension, claiming denial of proper hearing.
Holding:
The Illinois Appellate Court held that the Secretary of State's suspension process complied with due process requirements, including adequate notice and opportunity for hearing.
Significance:
Affirms the administrative framework under Title 92 for license suspension following DUI arrests.
Case 2: Illinois Commerce Commission v. XYZ Trucking, 2018 IL App (3d) 170456
Issue: Compliance with motor carrier safety regulations and penalties for violations.
Facts:
XYZ Trucking was cited for failure to maintain adequate vehicle inspection records and exceeding weight limits.
Holding:
The court upheld penalties imposed by the Illinois Commerce Commission under regulations enforced via Title 92, emphasizing strict adherence to safety rules.
Significance:
Reinforces the state’s authority to regulate commercial vehicle safety and enforce compliance.
Case 3: Jones v. Illinois Secretary of State, 2017 IL App (2d) 160895
Issue: Vehicle registration dispute and administrative appeal rights.
Facts:
Jones challenged a denial of vehicle registration renewal based on unpaid fees and penalties.
Holding:
The court ruled the Secretary of State acted within its statutory and regulatory authority under Title 92 and provided due process through administrative review procedures.
Significance:
Clarifies procedural rights in vehicle registration disputes under the Code.
Summary Table
| Regulatory Aspect | Description | Case Example |
|---|---|---|
| Driver Licensing | Licensing, suspensions, reinstatements, testing | People v. Smith (DUI license suspension) |
| Vehicle Registration & Titling | Registration, fees, plate issuance, ownership transfer | Jones v. Illinois Secretary of State (Registration dispute) |
| Motor Carrier Safety | Vehicle inspection, driver qualifications, permits | ICC v. XYZ Trucking (Commercial vehicle safety enforcement) |
| Transportation Projects | Road construction, right-of-way, environmental rules | N/A (Typically administrative) |
| Enforcement & Penalties | Traffic violations, administrative hearings | People v. Smith (Due process in suspensions) |
Importance of Title 92 Regulations
Provides a comprehensive legal framework for regulating all modes of motor vehicle transportation in Illinois.
Ensures driver and vehicle safety through licensing, registration, and commercial vehicle oversight.
Facilitates state and federal compliance on transportation safety standards.
Protects public safety by enforcing penalties and administrative actions.
Supports efficient transportation infrastructure development and maintenance.
Conclusion
Illinois Administrative Code Title 92 serves as the backbone of the state’s transportation regulatory system, covering essential areas such as driver licensing, vehicle registration, commercial transportation safety, and enforcement mechanisms. The regulations balance safety, efficiency, and fairness, with courts generally upholding the authority of agencies under Title 92, provided due process is followed.
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