AUTHORITY: Implementing Sections 18c-4201 and 18c-4401 and authorized by Section 18c-1202(9) of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-4201, 18c-4401, and 18c-1202(9)).

SOURCE: Adopted at 11 Ill. Reg. 17564, effective October 15, 1987.

SUBPART A: LICENSES AND REGISTRATIONS GENERALLY

 

Section 1301.10  License and Registration Prerequisites

 

a)         Notice of conditions.  When the Illinois Commerce Commission ("Commission") grants a license or registration, it shall notify the applicant of any unfulfilled conditions which are prerequisite to service of the order granting the license or registration.

 

b)         Service of orders.  Orders conditionally granting licenses or registrations shall be served when all events upon which the orders are conditioned have been met.

 

c)         Issuance of license and registration.  Motor carrier of property licenses and registrations shall be issued when all events upon which service of the orders granting the licenses or registrations is conditioned have been met.

 

d)         Prerequisites to use.  Operations may be conducted under a license or registration only if all conditions prerequisite to use of the license or registration have been met.

 

Section 1301.15  Prerequisites to Grant of Interstate Motor Carrier Registrations

 

The Commission shall grant a completed application for an interstate motor carrier of property registration if it is accompanied by the fee prescribed in 92 Ill. Adm. Code 1205, absent evidence at hearing that the applicant has operated or will operate in violation of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) or Commission regulations and orders.  For example, if the record at hearing shows that an applicant for an interstate motor carrier registration has been convicted of stealing freight, the registration could be denied or grounds of fitness.

 

Section 1301.20  Prerequisites to Service of Orders Granting Licenses and Registrations

 

a)         Service of orders granting motor carrier of property licenses is conditioned upon compliance with Section 1301.30(a)(1), (2), and (4).

 

b)         Service of orders granting motor carrier of property registrations is conditioned upon compliance with Section 1301.30(b)(1), except that the Manager of the Transportation Division of the Commission shall issue a temporary registration effective for a maximum of 30 days pending payment of franchise fees and service of a permanent registration.

 

c)         Motor carriers of property regulated by the Interstate Commerce Commission may comply with Commission regulations regarding proof of insurance or bond coverage by filing a valid, current license issued by the Interstate Commerce Commission, as provided in 92 Ill. Adm. Code 1425.20(d) or by filing a Form E or Form L with the Commission.

 

Section 1301.30  Prerequisites for Use of Licenses and Registrations

 

a)         Motor carrier or property licenses are conditioned upon compliance with Commission regulations regarding:

 

1)         Filing proof of insurance bond or coverage (92 Ill. Adm. Code 1425);

 

2)         Payment of franchise fees (92 Ill. Adm. Code 1205);

 

3)         Filing rates (92 Ill. Adm. Code 1225); and

 

4)         Filing contracts if the license conveys authority to operate as a contract carrier.

 

b)         Motor carrier of property registrations are conditioned upon compliance with Commission regulations regarding:

 

1)         Filing proof of insurance or bond coverage; and

 

2)         Payment of franchise fees.

 

Section 1301.40  Types of Interstate Registrations

 

a)         Definitions

 

            "Exempt interstate carrier" means an interstate motor carrier of property which provides interstate transportation not subject to the jurisdiction of the Interstate Commerce Commission and which is not in private carriage.

 

            "Regulated interstate carrier" means an interstate motor carrier of property which holds a license issued by the Interstate Commerce Commission.

 

b)         Each registration of an interstate motor carrier of property shall indicate whether the carrier is a regulated interstate carrier or an exempt interstate carrier.  A carrier may register as either a regulated interstate carrier, an exempt interstate carrier, or both.  A carrier registered as a regulated interstate carrier may also operate as an exempt interstate carrier.

 

Section 1301.50  License Violations

 

The scope of a license includes territorial restrictions, commodity restrictions, and other restrictions.  Operations in violation of more than one type of restriction constitute multiple violations of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).

 

Section 1301.60  License Restrictions

 

In determining whether to restrict the scope of a motor carrier of property license, the Commission shall consider:

 

a)         Whether the restriction was requested by the applicant or agreed to between the parties;

 

b)         Whether notice of the license application was given (If the application exceeds the scope of the notice given, any license granted shall be restricted to the scope of the notice); and

 

c)         Whether the application proposes service not supported by the evidence in the proceeding (If the application is not supported by the evidence, the license shall be restricted to commodities, territory, and service which is supported by the evidence).

SUBPART B: TEMPORARY LICENSES

 

Section 1301.100  Prerequisites to Grant of Temporary License Applications

 

a)         Filing of permanent license application required.  An application for a temporary license can be granted only if an application for a permanent license at least equal in scope to the temporary license has been filed by the applicant.

 

b)         Evidentiary requirements relating to need and fitness in connection with the grant of a temporary license are set forth in 92 Ill. Adm. Code 1202.40.

 

Section 1301.110  Special Permission to File Rates

 

Temporary licensees may file initial rates to be applicable under the temporary license on less than 30 days' notice, provided that:

 

a)         Such rates shall not be filed on less than 1 day's notice;

 

b)         Subsequent rates must be filed on statutory notice (see Section 18c-3202 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3202)) unless special permission to file on less than statutory notice has been granted pursuant to 92 Ill. Adm. Code 1225.15;

 

c)         Initial rates filed and published on less than 30 days' notice shall be limited to the rates already in effect for the transferor carrier when the temporary license authorizes the operation of a carrier pending transfer; and

 

d)         This special permission shall not affect the deadline for any interested person to request investigation of the rates.

 

Section 1301.120  Carrying Copy of License in Vehicle

 

Each vehicle operated under a temporary license must carry a copy of the temporary license as issued by the Commission.  Such copy shall be presented to any authorized law enforcement officer on request.