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Illinois Compiled Statutes
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VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/Ch. 13B
(625 ILCS 5/Ch. 13B heading)
CHAPTER 13B.
EMISSION INSPECTION
(Repealed internally, eff. 7-1-07)
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625 ILCS 5/Ch. 13C
(625 ILCS 5/Ch. 13C heading)
CHAPTER 13C. EMISSION INSPECTION
(Source: P.A. 94-526, eff. 1-1-06.) |
625 ILCS 5/13C-1 (625 ILCS 5/13C-1) Sec. 13C-1. Short title. This Chapter may be cited as the Vehicle Emissions Inspection Law of 2005.
(Source: P.A. 94-526, eff. 1-1-06.) |
625 ILCS 5/13C-5 (625 ILCS 5/13C-5) Sec. 13C-5. Definitions. For the purposes of this Chapter: "Affected counties" means Cook County; DuPage County; Lake County; those parts of Kane County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, and 60554; those parts of Kendall County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60447, 60450, 60512, 60536, 60537, 60541, those parts of 60543 that are not within the census defined urbanized area, 60545, 60548, and 60560; those parts of McHenry County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and 60180; those parts of Will County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; those parts of Madison County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, 62281, and 62293; those parts of Monroe County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62244, 62248, 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and 62298; and those parts of St. Clair County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62224, 62243, 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 62278, 62282, 62285, 62289, 62293, and 62298. "Board" means the Illinois Pollution Control Board. "Claim evaluation center" means an automotive diagnostic facility that meets the standards prescribed by the Agency for performing examinations of vehicle emissions inspection damage claims. "Contractor" means the vehicle emissions test contractor for official inspection stations described in Section 13C-45. "Diagnostic code" means a code stored in a vehicle's on-board diagnostic computer to indicate the occurrence of an emissions-related condition or malfunction. "Inspection area" means Cook County, DuPage County, Lake County, and those portions of Kane, Kendall, Madison, McHenry, Monroe, Will, and St. Clair Counties included in the definition of "affected counties". "Malfunction indicator lamp" or "MIL" means a dashboard lamp designed to illuminate to alert the driver to the occurrence of a problem or condition resulting in excessive emissions. "On-board diagnostic system" or "OBD system" means the computer-based system built into a vehicle that is designed to monitor the performance of major engine and emissions controls, to alert the operator to emissions-related malfunctions, and to store diagnostic codes and other vehicle operating information useful in repairing the vehicle. "Official inspection station" means a structure or physical location where the Agency has authorized vehicle emissions testing to be conducted. "Owner" means the registered owner of the vehicle, as indicated on the vehicle's registration. In the case of an unregistered vehicle, "owner" has the meaning set forth in Section 1-155 of this Code. "Program" means the vehicle emission inspection program established under this Chapter. "Readiness status" means an indication of whether a vehicle's on-board diagnostic system has completed a periodic check of the performance of a monitored system or component. "Resident" includes natural persons, foreign and domestic corporations, partnerships, associations, and all other commercial and governmental entities. For the purpose of determining residence, the owner of a vehicle shall be presumed to reside at the address indicated on the vehicle's registration. A governmental entity, including the federal government and its agencies, and any unit of local government or school district, any part of which is located within an affected county, shall be deemed a resident of an affected county for the purpose of any vehicle that is owned by the governmental entity and regularly operated in an affected county. "Registration" of a vehicle means its registration under Article IV of Chapter 3 of this Code. "Vehicle age" means the numerical difference between the current calendar year and the vehicle model year.
(Source: P.A. 97-106, eff. 2-1-12 .) |
625 ILCS 5/13C-10 (625 ILCS 5/13C-10) Sec. 13C-10. Program. (a) The Agency shall establish a program to begin February 1, 2007, to reduce the emission of pollutants by motor vehicles. This program shall be a replacement for and continuation of the program established under the Vehicle Emissions Inspection Law of 1995, Chapter 13B of this Code. At a minimum, this program shall provide for all of the following: (1) The inspection of certain motor vehicles every 2 | | years, as required under Section 13C-15.
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| (2) The establishment and operation of official
| | (3) The designation of official test equipment and
| | (4) The training and supervision of inspectors and
| | (5) Procedures to assure the correct operation,
| | maintenance, and calibration of test equipment.
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| (6) Procedures for certifying test results and for
| | reporting and maintaining relevant data and records.
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| (7) The funding of electric vehicle rebates and
| | grants as authorized by the Electric Vehicle Rebate Act.
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| (b) The Agency shall provide for the operation of a sufficient number of official inspection stations to prevent undue difficulty for motorists to obtain the inspections required under this Chapter. In the event that the Agency operates inspection stations or contracts with one or more parties to operate inspection stations on its behalf, the Agency shall endeavor to: (i) locate the stations so that the owners of vehicles subject to inspection reside within 12 miles of an official inspection station; and (ii) have sufficient inspection capacity at the stations so that the usual wait before the start of an inspection does not exceed 15 minutes.
(Source: P.A. 102-662, eff. 9-15-21.)
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625 ILCS 5/13C-15
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections. (a) Computer-Matched Inspections and Notification. (1) The provisions of this subsection (a) are | | operative until the implementation of the registration denial inspection and notification mechanisms required by subsection (b). Beginning with the implementation of the program required by this Chapter, every motor vehicle that is owned by a resident of an affected county, other than a vehicle that is exempt under paragraph (a)(6) or (a)(7), is subject to inspection under the program.
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| The Agency shall send notice of the assigned
| | inspection month, at least 15 days before the beginning of the assigned month, to the owner of each vehicle subject to the program. An initial emission inspection sticker or initial inspection certificate, as the case may be, expires on the last day of the third month following the month assigned by the Agency for the first inspection of the vehicle. A renewal inspection sticker or certificate expires on the last day of the third month following the month assigned for inspection in the year in which the vehicle's next inspection is required.
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| The Agency or its agent may issue an interim emission
| | inspection sticker or certificate for any vehicle subject to inspection that does not have a currently valid emission inspection sticker or certificate at the time the Agency is notified by the Secretary of State of its registration by a new owner, and for which an initial emission inspection sticker or certificate has already been issued. An interim emission inspection sticker or certificate expires no later than the last day of the sixth complete calendar month after the date the Agency issued the interim emission inspection sticker or certificate.
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| The owner of each vehicle subject to inspection shall
| | obtain an emission inspection sticker or certificate for the vehicle in accordance with this paragraph (1). Before the expiration of the emission inspection sticker or certificate, the owner shall have the vehicle inspected and, upon demonstration of compliance, obtain a renewal emission inspection sticker or certificate. A renewal emission inspection sticker or certificate shall not be issued more than 5 months before the expiration date of the previous inspection sticker or certificate.
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| (2) Except as provided in paragraph (a)(3), vehicles
| | shall be inspected every 2 years on a schedule that begins either in the second, fourth, or later calendar year after the vehicle model year. The beginning test schedule shall be set by the Agency and shall be consistent with the State's requirements for emission reductions as determined by the applicable United States Environmental Protection Agency vehicle emissions estimation model and applicable guidance and rules.
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| (3) A vehicle may be inspected at a time outside of
| | its normal 2-year inspection schedule, if (i) the vehicle was acquired by a new owner and (ii) the vehicle was required to be in compliance with this Act at the time the vehicle was acquired by the new owner, but it was not then in compliance.
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| (4) The owner of a vehicle subject to inspection
| | shall have the vehicle inspected and shall obtain and display on the vehicle or carry within the vehicle, in a manner specified by the Agency, a valid unexpired emission inspection sticker or certificate in the manner specified by the Agency. A person who violates this paragraph (4) is guilty of a petty offense, except that a third or subsequent violation within one year of the first violation is a Class C misdemeanor. The fine imposed for a violation of this paragraph (4) shall be not less than $50 if the violation occurred within 60 days following the date by which a new or renewal emission inspection sticker or certificate was required to be obtained for the vehicle, and not less than $300 if the violation occurred more than 60 days after that date.
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| (5) For a $20 fee, to be paid into the Vehicle
| | Inspection Fund, the Agency may inspect:
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| (A) A vehicle registered in and subject to the
| | emission inspections requirements of another state.
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| (B) A vehicle presented for inspection on a
| | Any fees collected under this paragraph (5) shall
| | not offset Motor Fuel Tax Funds normally appropriated for the program.
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| (6) The following vehicles are not subject to
| | (A) Vehicles not subject to registration under
| | Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.
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| (B) Motorcycles, motor driven cycles, and
| | (C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
| | (E) Antique vehicles, expanded-use antique
| | vehicles, custom vehicles, street rods, and vehicles of model year 1967 or before.
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| (F) Vehicles operated exclusively for parade or
| | ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not-for-profit basis.
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| (G) Vehicles for which the Secretary of State,
| | under Section 3-117 of this Code, has issued a Junking Certificate.
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| (H) Diesel powered vehicles and vehicles that are
| | powered exclusively by electricity.
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| (I) Vehicles operated exclusively in organized
| | amateur or professional sporting activities, as defined in Section 3.310 of the Environmental Protection Act.
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| (J) Vehicles registered in, subject to, and in
| | compliance with the emission inspection requirements of another state.
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| (K) Vehicles participating in an OBD continuous
| | monitoring program operated in accordance with procedures adopted by the Agency.
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| (L) Vehicles of model year 1995 or earlier that
| | do not have an expired emissions test sticker or certificate on February 1, 2007.
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| The Agency may issue temporary or permanent exemption
| | stickers or certificates for vehicles temporarily or permanently exempt from inspection under this paragraph (6). An exemption sticker or certificate does not need to be displayed.
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| (7) According to criteria that the Agency may adopt,
| | a motor vehicle may be exempted from the inspection requirements of this Section by the Agency on the basis of an Agency determination that the vehicle is located and primarily used outside of the affected counties or in other jurisdictions where vehicle emission inspections are not required. The Agency may issue an annual exemption sticker or certificate without inspection for any vehicle exempted from inspection under this paragraph (7).
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| (8) Any owner or lessee of a fleet of 15 or more
| | motor vehicles that are subject to inspection under this Section may apply to the Agency for a permit to establish and operate a private official inspection station in accordance with rules adopted by the Agency.
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| (9) Pursuant to Title 40, Section 51.371 of the Code
| | of Federal Regulations, the Agency may establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. In any such program, the Agency shall evaluate the emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever is less. Under no circumstances shall on-road testing include any sort of roadblock or roadside pullover or cause any type of traffic delay. If, during the course of an on-road inspection, a vehicle is found to exceed the on-road emissions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall document the occurrence and the results of the on-road exceedance. The notice of a second on-road exceedance shall indicate that the vehicle has been reassigned and is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was found to exceed the on-road emission standards established for the model year and type of vehicle, if the vehicle is registered outside of the affected counties.
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(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor
| | vehicle that is owned by a resident of an affected county, other than a vehicle that is exempt under paragraph (b)(8) or (b)(9), is subject to inspection under the program.
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| The owner of a vehicle subject to inspection shall
| | have the vehicle inspected and obtain proof of compliance from the Agency in order to obtain or renew a vehicle registration for a subject vehicle.
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| The Secretary of State shall notify the owner of a
| | vehicle subject to inspection of the requirement to have the vehicle tested at least 30 days prior to the beginning of the month in which the vehicle's registration is due to expire. Notwithstanding the preceding, vehicles with permanent registration plates shall be notified at least 30 days prior to the month corresponding to the date the vehicle was originally registered. This notification shall clearly state the vehicle's test status, based upon the vehicle type, model year and registration address.
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| The owner of each vehicle subject to inspection shall
| | have the vehicle inspected and, upon demonstration of compliance, obtain an emissions compliance certificate for the vehicle.
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| (2) Except as provided in paragraphs (b)(3), (b)(4),
| | and (b)(5), vehicles shall be inspected every 2 years on a schedule that begins in the fourth calendar year after the vehicle model year. Even model year vehicles shall be inspected and comply in order to renew registrations expiring in even calendar years and odd model year vehicles shall be inspected and comply in order to renew registrations expiring in odd calendar years.
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| (3) A vehicle shall be inspected and comply at a time
| | outside of its normal 2-year inspection schedule if (i) the vehicle was acquired by a new owner and (ii) the vehicle had not been issued a Compliance Certificate within one year of the date of application for the title or registration, or both, for the vehicle.
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| (4) Vehicles with 2-year registrations shall be
| | inspected every 2 years at the time of registration issuance or renewal on a schedule that begins in the fourth year after the vehicle model year.
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| (5) Vehicles with permanent vehicle registration
| | plates shall be inspected every 2 years on a schedule that begins in the fourth calendar year after the vehicle model year in the month corresponding to the date the vehicle was originally registered. Even model year vehicles shall be inspected and comply in even calendar years, and odd model year vehicles shall be inspected and comply in odd calendar years.
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| (6) The Agency and the Secretary of State shall
| | endeavor to ensure a smooth transition from test scheduling from the provisions of subsection (a) to subsection (b). Passing tests and waivers issued prior to the implementation of this subsection (b) may be utilized to establish compliance for a period of one year from the date of the emissions or waiver inspection.
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| (7) For a $20 fee, to be paid into the Vehicle
| | Inspection Fund, the Agency may inspect:
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| (A) A vehicle registered in and subject to the
| | emissions inspections requirements of another state.
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| (B) A vehicle presented for inspection on a
| | Any fees collected under this paragraph (7) shall not
| | offset Motor Fuel Tax Funds normally appropriated for the program.
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| (8) The following vehicles are not subject to
| | (A) Vehicles not subject to registration under
| | Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.
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| (B) Motorcycles, motor driven cycles, and
| | (C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
| | (E) Antique vehicles, expanded-use antique
| | vehicles, custom vehicles, street rods, and vehicles of model year 1967 or before.
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| (F) Vehicles operated exclusively for parade or
| | ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not-for-profit basis.
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| (G) Vehicles for which the Secretary of State,
| | under Section 3-117 of this Code, has issued a Junking Certificate.
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| (H) Diesel powered vehicles and vehicles that are
| | powered exclusively by electricity.
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| (I) Vehicles operated exclusively in organized
| | amateur or professional sporting activities, as defined in Section 3.310 of the Environmental Protection Act.
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| (J) Vehicles registered in, subject to, and in
| | compliance with the emission inspection requirements of another state.
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| (K) Vehicles participating in an OBD continuous
| | monitoring program operated in accordance with procedures adopted by the Agency.
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| (L) Vehicles of model year 1995 or earlier that
| | do not have an expired emissions test sticker or certificate on February 1, 2007.
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| (M) Vehicles of model year 2006 or earlier with a
| | manufacturer gross vehicle weight rating between 8,501 and 14,000 pounds.
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| (N) Vehicles with a manufacturer gross vehicle
| | weight rating greater than 14,000 pounds.
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| The Agency may issue temporary or permanent exemption
| | certificates for vehicles temporarily or permanently exempt from inspection under this paragraph (8). An exemption sticker or certificate does not need to be displayed.
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| (9) According to criteria that the Agency may adopt,
| | a motor vehicle may be exempted from the inspection requirements of this Section by the Agency on the basis of an Agency determination that the vehicle is located and primarily used outside of the affected counties and in other jurisdictions where vehicle emissions inspections are not required. The Agency may issue an annual exemption certificate without inspection for any vehicle exempted from inspection under this paragraph (9).
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| (10) Any owner or lessee of a fleet of 15 or more
| | motor vehicles that are subject to inspection under this Section may apply to the Agency for a permit to establish and operate a private official inspection station in accordance with rules adopted by the Agency.
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| (11) Pursuant to Title 40, Section 51.371 of the Code
| | of Federal Regulations, the Agency may establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. In any such program, the Agency shall evaluate the emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever is less. Under no circumstances shall on-road testing include any sort of roadblock or roadside pullover or cause any type of traffic delay. If, during the course of an on-road inspection, a vehicle is found to exceed the on-road emissions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall document the occurrence and the results of the on-road exceedance. The notice of a second on-road exceedance shall indicate that the vehicle has been reassigned and is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was found to exceed the on-road emissions standards established for the model year and type of vehicle, if the vehicle is registered outside of the affected counties.
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| (Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12.)
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625 ILCS 5/13C-20 (625 ILCS 5/13C-20) Sec. 13C-20. Rules and standards. (a) The rules and emission standards adopted under subsection (a) of Section 13B-20 of this Code shall apply to the program established under this Chapter and continue in effect until amended or repealed by the Board under this subsection.
The Agency shall propose any other standards necessary to achieve reductions in the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. Within 120 days after the Agency proposes those standards, the Board shall adopt any necessary rules establishing standards for the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. The rules may be amended from time to time pursuant to Agency proposals. The Board shall set standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions, as determined by the applicable vehicle emission estimation model and rules developed by the United States Environmental Protection Agency, that are required by the federal Clean Air Act. A predetermined rate of failure shall not be used in determining standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions. The emission standards established by the Board for vehicles of model year 1981 or later shall be identical in substance, as defined in Section 7.2(a) of the Environmental Protection Act, to the emission standards promulgated by the United States Environmental Protection Agency. Except as otherwise provided in this subsection, subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking provisions of the Illinois Administrative Procedure Act do not apply to rules adopted by the Board under this subsection. Challenges to the validity of rules adopted by the Board under this subsection or subsection (a) of Section 13B-20 may be brought only by filing a petition for review in the Appellate Court under Section 29 of the Environmental Protection Act within 35 days after the rule is filed with the Secretary of State. (b) The procedures established by the Agency under subsection (b) of Section 13B-20 of this Code shall apply to the program established under this Chapter and remain in effect until amended or repealed under this subsection. The Agency may at any time amend or repeal those procedures and may establish additional procedures designed to implement this Chapter.
(Source: P.A. 94-526, eff. 1-1-06.) |
625 ILCS 5/13C-25 (625 ILCS 5/13C-25) Sec. 13C-25. Performance of inspections. (a) Except as provided in subsection (b), the inspection of vehicles required under this Chapter shall be performed only: (i) by inspectors who have been certified by the Agency after successfully completing a course of training and successfully passing a written test; (ii) at official inspection stations, including on-road inspection sites established under this Chapter; and (iii) with equipment that has been approved by the Agency for these inspections. (b) The requirements of subdivisions (a)(i) and (a)(ii) of this Section do not preclude the performance of inspections (1) at self-service official inspection stations, (2) using Agency-approved wireless communication interfaces, and (3) using systems designed to perform remote on-board diagnostic inspections. (c) Except as provided in subsection (h), the inspection shall consist of an on-board diagnostic system test. The owner of the vehicle or the owner's agent shall be entitled to an emission inspection certificate issued by the Agency only if all required tests are passed at the time of the inspection. (d) (Blank). (e) (Blank). (f) (Blank). (g) The on-board diagnostic system test shall consist of accessing the vehicle's on-board computer system, determining the vehicle's readiness status and MIL status, and retrieving any stored diagnostic codes that may be present. The vehicle shall be deemed to have passed this test if the vehicle readiness status indicates that the vehicle's OBD system has completed all required system and component checks, the MIL status is appropriate, and the diagnostic codes retrieved do not exceed standards set for vehicles of that type under Section 13C-20.
(h) A visual inspection test of the MIL may be substituted for the on-board diagnostic system test on any vehicle for which on-board diagnostic testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations, and on any vehicle with known on-board diagnostic communications or software problems, as determined by the Agency. The visual inspection test shall consist of verifying the status of the MIL in the key-on/engine off position and the key-on/engine on position. The vehicle shall be deemed to have passed this test if the MIL illuminates briefly during the key-on/engine off position and does not illuminate during the key-on/engine on position. (Source: P.A. 97-106, eff. 2-1-12 .) |
625 ILCS 5/13C-30 (625 ILCS 5/13C-30) Sec. 13C-30. Waivers. (a) The Agency shall certify that a vehicle that has failed a vehicle emission retest qualifies for a waiver of the emission inspection standards if all of the following criteria are met: (1) The vehicle has received all repairs and | | adjustments for which it is eligible under any emission performance warranty provided under Section 207 of the federal Clean Air Act.
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| (2) The Agency determines by normal inspection
| | procedures that the vehicle's emission control devices are present and appear to be properly connected and operating.
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| (3) Consistent with Title 40, Section 51.360 of the
| | Code of Federal Regulations, for vehicles required to be tested under this Chapter, an expenditure of at least $450 in emission-related repairs (but exclusive of any repairs related to tampering) has been made.
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| (4) For a vehicle of model year 1981 or later, the
| | repairs were performed by a recognized repair technician.
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| (5) Evidence of repair is presented, consisting of
| | either (i) signed and dated receipts identifying the vehicle and describing the work performed and the amount charged for the eligible emission-related repairs or (ii) an affidavit executed by the person performing the eligible emission-related repairs.
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| (b) The Agency may issue an emission inspection certificate to a vehicle failing a retest if a complete documented physical and functional diagnosis and inspection shows that no additional emission-related repairs are needed. This diagnostic inspection must be performed by the Agency or its designated agent and shall be available only to a vehicle owner whose vehicle was repaired by a recognized repair technician.
(c) The Agency may extend the emission inspection certificate expiration date by one year upon receipt of a petition by the vehicle owner that needed repairs cannot be made due to economic hardship. Consistent with Title 40, Section 51.360 of the Code of Federal Regulations, this extension may be granted more than once during the life of the vehicle.
(d) The Agency may issue an emission inspection certificate for a vehicle subject to inspection under this Chapter that is located and primarily used in an area subject to the vehicle inspection requirements of another state. An emission inspection certificate shall be issued under this subsection only upon receipt by the Agency of evidence that the vehicle has been inspected and is in compliance with the emission inspection requirements and standards applicable in the state or local jurisdiction where the vehicle is being used.
(Source: P.A. 94-526, eff. 1-1-06.)
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625 ILCS 5/13C-35 (625 ILCS 5/13C-35) Sec. 13C-35. Inquiries. The Agency shall develop a means of responding to inquiries from inspectors and members of the public concerning the program, including (i) when inspections are required, (ii) what kind of inspections are required, (iii) whether emission inspection stickers or certificates previously required for a vehicle have been obtained, and (iv) the procedures for resolving disputes concerning inspections.
(Source: P.A. 94-526, eff. 1-1-06.) |
625 ILCS 5/13C-40 (625 ILCS 5/13C-40) Sec. 13C-40. Grievance and damage claim requirements and procedures. (a) Emissions inspection and waiver denial grievance procedures. (1) Any person aggrieved by a decision regarding the | | failure of an emissions test or the denial of a waiver may file a petition with the Agency within 30 days after the decision was made, and the Agency shall thereupon investigate the matter. Within 45 days after its receipt of the petition, the Agency shall submit to the petitioner and any affected inspector or station its written determination of the correctness or incorrectness of the decision being grieved. The written determination shall include a statement of the facts relied upon and the legal and technical issues decided by the Agency in making its determination, and may also include an order directing the inspector (i) to issue an emission inspection certificate for the vehicle effective on such date as the Agency may specify, (ii) to reinspect the vehicle, (iii) to apply the standards that the Agency has determined to be applicable, or (iv) to take any other action that the Agency deems to be appropriate. In conducting the investigation, the Agency may require the petitioner to present the vehicle for inspection by the Agency or its designated agent.
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| (2) The written determination of the Agency shall be
| | subject to review in circuit court in accordance with the provisions of the Administrative Review Law, except that no challenge to the validity of a rule adopted or continued under subsection (a) of Section 13C-20 shall be heard by the circuit court if the challenge could have been raised in a timely petition for review as provided in Section 13C-20.
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| (b) Vehicle damage claim requirements and procedures.
(1) The contractor shall make vehicle damage claim
| | forms authorized by the Agency available for vehicle owners in sufficient quantities at all official inspection stations.
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| (2) Notice of the vehicle damage claim procedures and
| | the vehicle owner's rights in relation to a vehicle damage claim shall be conspicuously posted at all official inspection stations.
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| (3) If a vehicle owner believes that his or her
| | vehicle was damaged by an act or omission of the contractor during or as a result of an emissions inspection performed on or after August 1, 2002, the owner may initiate resolution of the damage claim under this subsection by complying with the following:
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| (A) Within 30 days of the date of the vehicle
| | emissions inspection that allegedly caused the vehicle damage, the vehicle owner shall submit a vehicle damage claim to the contractor at the official inspection station at which the vehicle damage allegedly occurred.
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| (B) Within 30 days of filing the claim, the owner
| | shall submit to the contractor any relevant information relating to the owner's claim for vehicle damage, including but not limited to evaluations conducted by a claims evaluation center or automotive repair shop meeting standards prescribed by the Agency.
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| (4) The contractor shall promptly notify the Agency
| | of each vehicle damage claim received by the contractor under subdivision (b)(3) and shall forward to the Agency any additional information provided by the owner.
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| (5) Within 60 days after the filing of a vehicle
| | damage claim, the contractor shall notify the vehicle owner of its proposed resolution of the damage claim.
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| (6) Within 30 days after receiving the contractor's
| | proposed resolution of the damage claim, the owner may petition the Agency for a review of the adequacy and completeness of the contractor's proposed resolution. The petition shall be in a form specified by the Agency.
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| (7) Upon receiving a petition for review, the Agency
| | shall request the contractor to deliver to the Agency a copy of the contractor's proposed resolution of the damage claim, together with all documents, videotapes, and information relevant to the damage claim and the proposed resolution. The contractor shall provide the requested materials to the Agency within 15 days of receiving the Agency's request.
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| (8) Within 30 days after receiving the relevant
| | materials from the contractor, the Agency shall review the materials and determine whether the contractor's proposed resolution of the damage claim is adequate and complete. The Agency may deem the proposed resolution of the damage claim to be adequate and complete. If the Agency does not deem the proposed resolution of the damage claim to be adequate and complete, it may request the contractor to further investigate and evaluate the damage claim and resubmit its proposed resolution of the claim. The contractor shall then have 30 days to respond in writing to the Agency with the results of its further evaluation of the damage claim and its proposed resolution.
|
| (9) The Agency shall notify the vehicle owner in
| | writing of the result of its review of the adequacy and completeness of the contractor's proposed resolution of the damage claim. Copies of all correspondence between the Agency and the contractor relating to the damage claim shall also be sent to the vehicle owner.
|
| (10) If, after the Agency's review, the vehicle owner
| | still does not agree with all or a portion of the proposed resolution of the damage claim by the contractor, the vehicle owner may further pursue the damage claim through the binding arbitration process established by the contractor and accepted by the Agency, or in circuit court.
|
| (11) The Agency's review of the adequacy and
| | completeness of the contractor's proposed resolution of a damage claim is not binding upon the vehicle owner or the contractor and does not affect the rights of the vehicle owner or the contractor under law. The Agency's review of the adequacy and completeness of the contractor's proposed resolution of a damage claim is not a final action subject to administrative review and is not subject to review by the Pollution Control Board or otherwise appealable.
|
|
(Source: P.A. 94-526, eff. 1-1-06.)
|
625 ILCS 5/13C-45 (625 ILCS 5/13C-45) Sec. 13C-45. Contracts. (a) The Agency may enter into contracts with one or more responsible parties to construct and operate official inspection stations, provide and maintain approved test equipment, administer tests, certify results, issue emission inspection stickers or certificates, maintain records, train personnel, provide information to the public concerning the program, or to otherwise further the goals of this Chapter. (b) In preparing its proposals for bidding by potential contractors, the Agency shall endeavor to include provisions relating to the following factors: (1) The demonstrated financial responsibility of the | | (2) The specialized experience and technical
| | competence of the potential contractor in connection with the type of services required and the complexity of the project.
|
| (3) The potential contractor's past record of
| | performance on contracts with the Agency, with other government agencies or public bodies, and with private industry, including such items as cost, quality of work, and ability to meet schedules.
|
| (4) The capacity of the potential contractor to
| | perform the work within the time limitations.
|
| (5) The familiarity of the potential contractor with
| | the types of problems applicable to the project.
|
| (6) The potential contractor's proposed method to
| | accomplish the work required, including where appropriate any demonstrated capability of exploring and developing innovative or advanced techniques and methods.
|
| (7) Avoidance of personal and organizational
| | conflicts of interest prohibited under federal, State, or local law.
|
| (8) The potential contractor's present and prior
| | involvement in the community and in the State of Illinois.
|
|
(Source: P.A. 94-526, eff. 1-1-06.)
|
625 ILCS 5/13C-50 (625 ILCS 5/13C-50) Sec. 13C-50. Costs. (a) Except as otherwise provided in paragraph (a)(5) or (b)(7) of Section 13C-15, no fee shall be charged to motor vehicle owners for obtaining inspections required under this Chapter. The Vehicle Inspection Fund, which is a fund created in the State treasury for the purpose of receiving moneys from the Motor Fuel Tax Fund and other sources, shall be used, subject to appropriation, for the payment of the costs of the program, including reimbursement of those agencies of the State that incur expenses in the administration or enforcement of the program. The Vehicle Inspection Fund shall continue in existence notwithstanding the repeal of Chapter 13B. Any money in the Vehicle Inspection Fund on February 1, 2007, shall be used for the purposes set forth in this Chapter. (b) The Agency may acquire, own, maintain, operate, sell, lease and otherwise transfer real and personal property and interests in real and personal property for the purpose of creating or operating inspection stations and for any other purpose relating to the administration of this Chapter, and may use money from the Vehicle Inspection Fund for these purposes.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
625 ILCS 5/13C-55 (625 ILCS 5/13C-55) Sec. 13C-55. Enforcement. (a) Computer-Matched Enforcement. (1) The provisions of this subsection (a) are | | operative until the implementation of the registration denial enforcement mechanism required by subsection (b). The Agency shall cooperate in the enforcement of this Chapter by (i) identifying probable violations through computer matching of vehicle registration records and inspection records; (ii) sending one notice to each suspected violator identified through such matching, stating that registration and inspection records indicate that the vehicle owner has not complied with this Chapter; (iii) directing the vehicle owner to notify the Agency or the Secretary of State if he or she has ceased to own the vehicle or has changed residence; and (iv) advising the vehicle owner of the consequences of violating this Chapter.
|
| The Agency shall cooperate with the Secretary of
| | State in the administration of this Chapter and the related provisions of Chapter 3, and shall provide the Secretary of State with such information as the Secretary of State may deem necessary for these purposes, including regular and timely access to vehicle inspection records.
|
| The Secretary of State shall cooperate with the
| | Agency in the administration of this Chapter and shall provide the Agency with such information as the Agency may deem necessary for the purposes of this Chapter, including regular and timely access to vehicle registration records. Section 2-123 of this Code does not apply to the provision of this information.
|
| (2) The Secretary of State shall suspend either the
| | driving privileges or the vehicle registration, or both, of any vehicle owner who has not complied with this Chapter, if (i) the vehicle owner has failed to satisfactorily respond to the one notice sent by the Agency under paragraph (a)(1), and (ii) the Secretary of State has mailed the vehicle owner a notice that the suspension will be imposed if the owner does not comply within a stated period, and the Secretary of State has not received satisfactory evidence of compliance within that period. The Secretary of State shall send this notice only after receiving a statement from the Agency that the vehicle owner has failed to comply with this Section. Notice shall be effective as specified in subsection (c) of Section 6-211 of this Code.
|
| A suspension under this paragraph (a)(2) shall not
| | be terminated until satisfactory proof of compliance has been submitted to the Secretary of State. No driver's license or permit, or renewal of a license or permit, may be issued to a person whose driving privileges have been suspended under this Section until the suspension has been terminated. No vehicle registration or registration plate or digital registration plate that has been suspended under this Section may be reinstated or renewed, or transferred by the owner to any other vehicle, until the suspension has been terminated.
|
|
(b) Registration Denial Enforcement.
(1) No later than January 1, 2008, and consistent
| | with Title 40, Part 51, Section 51.361 of the Code of Federal Regulations, the Agency and the Secretary of State shall design, implement, maintain, and operate a registration denial enforcement mechanism to ensure compliance with the provisions of this Chapter, and cooperate with other State and local governmental entities to effectuate its provisions. Specifically, this enforcement mechanism shall contain, at a minimum, the following elements:
|
| (A) An external, readily visible means of
| | determining vehicle compliance with the registration requirement to facilitate enforcement of the program;
|
| (B) A biennial schedule of testing that clearly
| | determines when a vehicle shall comply prior to registration;
|
| (C) A testing certification mechanism (either
| | paper-based or electronic) that shall be used for registration purposes and clearly states whether the certification is valid for purposes of registration, including:
|
| (i) Expiration date of the certificate;
(ii) Unambiguous vehicle identification
| | (iii) Whether the vehicle passed or received
| | (D) A commitment to routinely issue citations to
| | motorists with expired or missing license plates, with either no registration or an expired registration, and with no license plate decals or expired decals, and provide for enforcement officials other than police to issue citations (e.g., parking meter attendants) to parked vehicles in noncompliance;
|
| (E) A commitment to structure the penalty system
| | to deter noncompliance with the registration requirement through the use of mandatory minimum fines (meaning civil, monetary penalties) constituting a meaningful deterrent and through a requirement that compliance be demonstrated before a case can be closed;
|
| (F) Ensurance that evidence of testing is
| | available and checked for validity at the time of a new registration of a used vehicle or registration renewal;
|
| (G) Prevention of owners or lessors from avoiding
| | testing through manipulation of the title or registration system; title transfers may re-start the clock on the inspection cycle only if proof of current compliance is required at title transfer;
|
| (H) Prevention of the fraudulent initial
| | classification or reclassification of a vehicle from subject to non-subject or exempt by requiring proof of address changes prior to registration record modification, and documentation from the testing program (or delegate) certifying based on a physical inspection that the vehicle is exempt;
|
| (I) Limiting and tracking of the use of time
| | extensions of the registration requirement to prevent repeated extensions;
|
| (J) Providing for meaningful penalties for cases
| | (K) Limiting and tracking exemptions to prevent
| | abuse of the exemption policy for vehicles claimed to be out-of-state; and
|
| (L) Encouraging enforcement of vehicle
| | registration transfer requirements when vehicle owners move into the affected counties by coordinating with local and State enforcement agencies and structuring other activities (e.g., driver's license issuance) to effect registration transfers.
|
| (2) The Agency shall cooperate in the enforcement of
| | this Chapter by providing the owner or owners of complying vehicles with a Compliance Certificate stating that the vehicle meets all applicable requirements of this Chapter.
|
| The Agency shall cooperate with the Secretary of
| | State in the administration of this Chapter and the related provisions of Chapter 3, and shall provide the Secretary of State with such information as the Secretary of State may deem necessary for these purposes, including regular and timely access to vehicle inspection records.
|
| The Secretary of State shall cooperate with the
| | Agency in the administration of this Chapter and shall provide the Agency with such information as the Agency may deem necessary for the purposes of this Chapter, including regular and timely access to vehicle registration records. Section 2-123 of this Code does not apply to the provision of this information.
|
| (3) Consistent with the requirements of Section
| | 13C-15, the Secretary of State shall not renew any vehicle registration for a subject vehicle that has not complied with this Chapter. Additionally, the Secretary of State shall not allow the issuance of a new registration nor allow the transfer of a registration to a subject vehicle that has not complied with this Chapter.
|
| (4) The Secretary of State shall suspend the
| | registration of any vehicle which has permanent vehicle registration plates or digital registration plates that has not complied with the requirements of this Chapter. A suspension under this paragraph (4) shall not be terminated until satisfactory proof of compliance has been submitted to the Secretary of State. No permanent vehicle registration plate or digital registration plate that has been suspended under this Section may be reinstated or renewed, or transferred by the owner to any other vehicle, until the suspension has been terminated.
|
| (Source: P.A. 101-395, eff. 8-16-19.)
|
625 ILCS 5/13C-60 (625 ILCS 5/13C-60) Sec. 13C-60. Other offenses. (a) Any person who knowingly displays an emission inspection or exemption certificate for any vehicle other than the one for which the certificate was lawfully issued in accordance with the provisions of this Chapter, or duplicates, alters, uses, possesses, issues, or distributes any emission inspection or exemption certificate, or facsimile thereof, except in accordance with the provisions of this Chapter and the rules and regulations adopted hereunder, is guilty of a Class C misdemeanor. (b) A vehicle owner shall pay a monetary fine equivalent to the test fee plus the applicable waiver repair expenditure for the continued operation of a non-complying
vehicle beyond 4 months past the expiration of the vehicle emission inspection certificate. Any fines collected under this Section shall be divided equally between the local jurisdiction issuing the citation and the Vehicle Inspection Fund.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
625 ILCS 5/13C-75 (625 ILCS 5/13C-75) Sec. 13C-75. Home rule. The vehicle emission inspection program created by this Chapter is hereby declared to be the subject of exclusive State jurisdiction. Pursuant to subsection (h) of Section 6 of Article VII of the Illinois Constitution, the exercise by a home rule unit of any power that is inconsistent with this Chapter is hereby specifically denied and preempted.
(Source: P.A. 94-526, eff. 1-1-06.) |
625 ILCS 5/Ch. 15
(625 ILCS 5/Ch. 15 heading)
CHAPTER 15.
SIZE, WEIGHT, LOAD AND PERMITS
|
625 ILCS 5/13C-80 (625 ILCS 5/13C-80) Sec. 13C-80. Inspection replacement plan; report to General Assembly. By October 1, 2022, the Agency shall submit a written report to the General Assembly containing its plan to replace the dismantled official inspection stations located in the City of Chicago. The removal of the official inspection stations adversely impacted Chicago's 2.8 million population. The plan shall consist of either a pilot program or a permanent replacement program. The described plan shall provide information on the proposed locations of the new stations within the City of Chicago, information on programs implemented in other states, and a target date for full operation of all stations. The Agency shall issue a request for proposals related to its plan by January 1, 2023. The described plan shall also contain a timeline of actions including the issuance of a request for proposals by January 1, 2023. The plan shall include procurement of services, technology, equipment, and other elements necessary to replace the former vehicle testing lanes and shall state whether the replacement stations in the City of Chicago will utilize permanent self-service kiosks or other services. The plan shall also include the Agency's strategy of how best to inform people of the location and hours of operation of the new official inspection stations and conduct an informational campaign. Any contracts awarded as a result of this plan shall adhere to all State procurement requirements. The State shall consider contracting with minority-owned businesses as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(Source: P.A. 102-738, eff. 5-6-22.) |
625 ILCS 5/Ch. 15 Art. I
(625 ILCS 5/Ch. 15 Art. I heading)
ARTICLE I.
SIZE, WEIGHT AND LOAD
|
625 ILCS 5/15-100
(625 ILCS 5/15-100) (from Ch. 95 1/2, par. 15-100)
Sec. 15-100.
(Repealed).
(Source: P.A. 87-1203. Repealed by P.A. 90-89, eff. 1-1-98.)
|
625 ILCS 5/15-101
(625 ILCS 5/15-101) (from Ch. 95 1/2, par. 15-101)
Sec. 15-101. Scope and effect of Chapter 15.
(a) It is unlawful for any person to drive or move on, upon or across or
for the owner to cause or knowingly permit to be driven or moved on, upon
or across any highway any vehicle or vehicles of a size and weight
exceeding the limitations stated in this Chapter or otherwise in violation
of this Chapter, and the maximum size and weight of vehicles herein
specified shall be lawful throughout this State, and local authorities
shall have no power or authority to alter such limitations except as
express authority may be granted in this Chapter.
(b) The provisions of this Chapter governing size, weight, and load do
not apply to equipment for snow and ice removal
operations owned or operated by any governmental body, or to implements of
husbandry, as defined in Chapter 1 of this Code, temporarily operated or
towed in a combination upon a highway
provided such combination does not consist of more than 3 vehicles or, in
the case of hauling fresh, perishable fruits or vegetables from farm to the
point of first processing, not more than 3 wagons being towed by an
implement of husbandry, or to a vehicle operated under the terms of a
special permit issued hereunder. Except for weight limits on Class I highways under this Chapter, the provisions of this Chapter governing size, weight, and load do not apply to fire apparatus or emergency vehicles.
(c) The provisions of this Chapter governing size, weight, and load do not apply to any snow and ice removal equipment that is no more than 12 feet in width, if the equipment displays flags at least 18 inches square mounted on the driver's side of the snow plow.
These vehicles must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the top of the cab and of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the rear of the load and of sufficient intensity to be visible at 500 feet in normal sunlight.
(Source: P.A. 99-717, eff. 8-5-16; 100-366, eff. 1-1-18 .)
|
625 ILCS 5/15-102
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local highways, the total
outside width of any vehicle or load thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are not clearly
discernible at a distance of 1000 feet, the following vehicles may exceed
the 8 feet 6 inch limitation during the period from a half hour before
sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm | | products provided that the load is not more than 12 feet wide.
|
|
(2) Implements of husbandry being transported on
| | another vehicle and the transporting vehicle while loaded.
|
|
The following requirements apply to the
| | transportation on another vehicle of an implement of husbandry wider than 8 feet 6 inches on the National System of Interstate and Defense Highways or other highways in the system of State highways:
|
|
(A) The driver of a vehicle transporting an
| | implement of husbandry that exceeds 8 feet 6 inches in width shall obey all traffic laws and shall check the roadways prior to making a movement in order to ensure that adequate clearance is available for the movement. It is prima facie evidence that the driver of a vehicle transporting an implement of husbandry has failed to check the roadway prior to making a movement if the vehicle is involved in a collision with a bridge, overpass, fixed structure, or properly placed traffic control device or if the vehicle blocks traffic due to its inability to proceed because of a bridge, overpass, fixed structure, or properly placed traffic control device.
|
|
(B) Flags shall be displayed so as to wave freely
| | at the extremities of overwidth objects and at the extreme ends of all protrusions, projections, and overhangs. All flags shall be clean, bright red flags with no advertising, wording, emblem, or insignia inscribed upon them and at least 18 inches square.
|
|
(C) "OVERSIZE LOAD" signs are mandatory on the
| | front and rear of all vehicles with loads over 10 feet wide. These signs must have 12-inch high black letters with a 2-inch stroke on a yellow sign that is 7 feet wide by 18 inches high.
|
|
(D) One civilian escort vehicle is required for a
| | load that exceeds 14 feet 6 inches in width and 2 civilian escort vehicles are required for a load that exceeds 16 feet in width on the National System of Interstate and Defense Highways or other highways in the system of State highways.
|
|
(E) The requirements for a civilian escort
| | vehicle and driver are as follows:
|
|
(1) The civilian escort vehicle shall be a
| | vehicle not exceeding a gross vehicle weight rating of 26,000 pounds that is designed to afford clear and unobstructed vision to both front and rear.
|
|
(2) The escort vehicle driver must be
| | properly licensed to operate the vehicle.
|
|
(3) While in use, the escort vehicle must be
| | equipped with illuminated rotating, oscillating, or flashing amber lights or flashing amber strobe lights mounted on top that are of sufficient intensity to be visible at 500 feet in normal sunlight.
|
|
(4) "OVERSIZE LOAD" signs are mandatory on
| | all escort vehicles. The sign on an escort vehicle shall have 8-inch high black letters on a yellow sign that is 5 feet wide by 12 inches high.
|
|
(5) When only one escort vehicle is required
| | and it is operating on a two-lane highway, the escort vehicle shall travel approximately 300 feet ahead of the load. The rotating, oscillating, or flashing lights or flashing amber strobe lights and an "OVERSIZE LOAD" sign shall be displayed on the escort vehicle and shall be visible from the front. When only one escort vehicle is required and it is operating on a multilane divided highway, the escort vehicle shall travel approximately 300 feet behind the load and the sign and lights shall be visible from the rear.
|
|
(6) When 2 escort vehicles are required, one
| | escort shall travel approximately 300 feet ahead of the load and the second escort shall travel approximately 300 feet behind the load. The rotating, oscillating, or flashing lights or flashing amber strobe lights and an "OVERSIZE LOAD" sign shall be displayed on the escort vehicles and shall be visible from the front on the lead escort and from the rear on the trailing escort.
|
|
(7) When traveling within the corporate
| | limits of a municipality, the escort vehicle shall maintain a reasonable and proper distance from the oversize load, consistent with existing traffic conditions.
|
|
(8) A separate escort shall be provided for
| |
(9) The driver of an escort vehicle shall
| |
(10) The escort vehicle must be in safe
| |
(11) The driver of the escort vehicle must be
| | in radio contact with the driver of the vehicle carrying the oversize load.
|
|
(F) A transport vehicle while under load of more
| | than 8 feet 6 inches in width must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights or a flashing amber strobe light or lights mounted on the top of the cab that are of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights or a flashing amber strobe light or lights mounted on the rear of the load that are of sufficient intensity to be visible at 500 feet in normal sunlight.
|
|
(G) When a flashing amber light is required on
| | the transport vehicle under load and it is operating on a two-lane highway, the transport vehicle shall display to the rear at least one rotating, oscillating, or flashing light or a flashing amber strobe light and an "OVERSIZE LOAD" sign. When a flashing amber light is required on the transport vehicle under load and it is operating on a multilane divided highway, the sign and light shall be visible from the rear.
|
|
(H) Maximum speed shall be 45 miles per hour on
| | all such moves or 5 miles per hour above the posted minimum speed limit, whichever is greater, but the vehicle shall not at any time exceed the posted maximum speed limit.
|
|
(3) Portable buildings designed and used for
| | agricultural and livestock raising operations that are not more than 14 feet wide and with not more than a one-foot overhang along the left side of the hauling vehicle. However, the buildings shall not be transported more than 10 miles and not on any route that is part of the National System of Interstate and Defense Highways.
|
|
All buildings when being transported shall display at least 2 red
cloth flags, not less than 12 inches square, mounted as high as practicable
on the left and right side of the building.
An Illinois State Police escort shall be required if it is necessary for this load
to use part of the left lane when crossing any 2-laned State highway bridge.
(c) Vehicles propelled by electric power obtained from overhead trolley
wires operated wholly within the corporate limits of a municipality are
also exempt from the width limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169, may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
| | that extend 6 inches or less beyond either side of the body of the vehicle; and
|
| (2) the roadway on which the vehicle is traveling has
| | marked lanes for vehicular traffic that are at least 11 feet in width.
|
| As used in this subsection (d-1) and in subsection (d-2), the term appurtenance includes (i) a retracted awning and its support hardware and (ii) any appendage that is intended to be an integral part of a recreational vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches in width as provided in subsection (d-1) may travel any roadway of the State if the vehicle is being operated between a roadway permitted under subsection (d-1) and:
(1) the location where the recreational vehicle is
| | (2) the destination of the recreational vehicle; or
(3) a facility for food, fuel, repair, services, or
| | (e) A vehicle and load traveling upon the National System of Interstate
and Defense Highways or any other highway in the system of State highways
that has been designated as a Class I or Class II highway by the
Department, or any street or highway designated by local authorities, may have a total outside width of 8 feet 6
inches, provided that certain safety devices that the Department
determines as necessary for the safe and efficient operation of motor
vehicles shall not be included in the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code may project up to 14 inches beyond each side of
a bus and up to 6 inches beyond each
side
of any other vehicle, and that projection shall not be deemed a
violation of the width restrictions of this Section.
(g) Any person who is convicted of violating this Section is subject to
the penalty as provided in paragraph (b) of Section 15-113.
(h) Safety devices identified by the Department in accordance with Section 12-812 shall not be deemed a violation of the width restrictions of this Section.
(Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
625 ILCS 5/15-103
(625 ILCS 5/15-103) (from Ch. 95 1/2, par. 15-103)
Sec. 15-103.
Height of vehicles.
The height of a vehicle from the under side of the tire to the top of
the vehicle, inclusive of load, shall not exceed 13 feet,
6 inches on any highway in the State.
A person convicted of violating this Section is subject to the penalty
provided in paragraph (b) of Section 15-113.
(Source: P.A. 92-417, eff. 1-1-02.)
|
625 ILCS 5/15-105
(625 ILCS 5/15-105) (from Ch. 95 1/2, par. 15-105)
Sec. 15-105.
Projecting loads on passenger vehicles.
No passenger-type vehicle shall be operated on any highway with any load
carried thereon extending beyond the line of the fenders on the left side
of such vehicle nor extending more than 6 inches beyond the line of the
fenders on the right side thereof.
(Source: P.A. 76-1586.)
|
625 ILCS 5/15-106
(625 ILCS 5/15-106) (from Ch. 95 1/2, par. 15-106)
Sec. 15-106.
Protruding members of vehicles.
No vehicle with boom, arm, drill rig or other protruding component shall
be operated upon any highway in this State unless such
protruding component is
fastened
so as to prevent shifting, bouncing or moving in any manner.
(Source: P.A. 92-417, eff. 1-1-02.)
|
625 ILCS 5/15-107
(625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) The maximum length of a single vehicle on any highway of this State
may not exceed 42 feet except the following:
(1) Semitrailers.
(2) Charter or regulated route buses may be up to 45 | | feet in length, not including energy absorbing bumpers.
|
|
(a-1) A motor home as defined in Section 1-145.01 may be up to 45 feet
in length, not including energy absorbing bumpers. The length limitations
described in this subsection (a-1) shall be exclusive of energy-absorbing
bumpers and rear view mirrors.
(b) (Blank).
(c) Except as provided in subsections (c-1) and (c-2), combinations of vehicles may not exceed a total of 2 vehicles except
the
following:
(1) A truck tractor semitrailer may draw one trailer.
(2) A truck tractor semitrailer may draw one
| | converter dolly or one semitrailer.
|
|
(3) A truck tractor semitrailer may draw one vehicle
| | that is defined in Chapter 1 as special mobile equipment, provided the overall dimension does not exceed 60 feet.
|
|
(4) A truck in transit may draw 3 trucks in transit
| | coupled together by the triple saddlemount method.
|
|
(5) Recreational vehicles consisting of 3 vehicles,
| |
(A) The total overall dimension does not exceed
| |
(B) The towing vehicle is a properly registered
| | vehicle capable of towing another vehicle using a fifth-wheel type assembly.
|
|
(C) The second vehicle in the combination of
| | vehicles is a recreational vehicle that is towed by a fifth-wheel assembly. This vehicle must be properly registered and must be equipped with brakes, regardless of weight.
|
|
(D) The third vehicle must be the lightest of the
| | 3 vehicles and be a trailer or semitrailer designed or used for transporting a boat, all-terrain vehicle, personal watercraft, or motorcycle.
|
|
(E) The towed vehicles may be only for the use of
| | the operator of the towing vehicle.
|
|
(F) All vehicles must be properly equipped with
| | operating brakes and safety equipment required by this Code, except the additional brake requirement in subdivision (C) of this subparagraph (5).
|
|
(6) A tow truck in combination with a disabled
| | vehicle or combination of disabled vehicles, provided the towing vehicle:
|
|
(A) Is specifically designed as a tow truck
| | having a gross vehicle weight rating of at least 18,000 pounds and equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes. For the purpose of this subsection, gross vehicle weight rating, or GVWR, means the value specified by the manufacturer as the loaded weight of the tow truck.
|
|
(B) Is equipped with flashing, rotating, or
| | oscillating amber lights, visible for at least 500 feet in all directions.
|
|
(C) Is capable of utilizing the lighting and
| | braking systems of the disabled vehicle or combination of vehicles.
|
|
(D) Does not engage a tow exceeding 50 highway
| | miles from the initial point of wreck or disablement to a place of repair. Any additional movement of the vehicles may occur only upon issuance of authorization for that movement under the provisions of Sections 15-301 through 15-318 of this Code.
|
|
The Department may by rule or regulation prescribe
| | additional requirements regarding length limitations for a tow truck towing another vehicle.
|
|
For purposes of this Section, a tow-dolly that merely
| | serves as substitute wheels for another legally licensed vehicle is considered part of the licensed vehicle and not a separate vehicle.
|
|
(7) Commercial vehicles consisting of 3 vehicles,
| | (A) The total overall dimension does not exceed
| | (B) The towing vehicle is a properly registered
| | vehicle capable of towing another vehicle using a fifth-wheel type assembly or a goose-neck hitch ball.
|
| (C) The third vehicle must be the lightest of the
| | 3 vehicles and be a trailer or semitrailer.
|
| (D) All vehicles must be properly equipped with
| | operating brakes and safety equipment required by this Code.
|
| (E) The combination of vehicles must be operated
| | by a person who holds a commercial driver's license (CDL).
|
| (F) The combination of vehicles must be en route
| | to a location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
|
| (c-1) A combination of 3 vehicles is allowed access to any State designated highway if:
(1) the length of neither towed vehicle exceeds 28.5
| | (2) the overall wheel base of the combination of
| | vehicles does not exceed 62 feet; and
|
| (3) the combination of vehicles is en route to a
| | location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
|
| (c-2) A combination of 3 vehicles is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of delivery or collection of one or both of the towed vehicles if:
(1) the length of neither towed vehicle exceeds 28.5
| | (2) the combination of vehicles does not exceed
| | 40,000 pounds in gross weight and 8 feet 6 inches in width;
|
| (3) there is no sign prohibiting that access;
(4) the route is not being used as a thoroughfare
| | between State designated highways; and
|
| (5) the combination of vehicles is en route to a
| | location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
|
| (d) On Class I highways there are no overall length limitations on motor
vehicles
operating in combinations provided:
(1) The length of a semitrailer, unladen or with
| | load, in combination with a truck tractor may not exceed 53 feet.
|
|
(2) The distance between the kingpin and the center
| | of the rear axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 45 feet 6 inches. The limit contained in this paragraph (2) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
|
|
(3) The length of a semitrailer or trailer, unladen
| | or with load, operated in a truck tractor-semitrailer-trailer or truck tractor semitrailer-semitrailer combination, may not exceed 28 feet 6 inches.
|
|
(4) Maxi-cube combinations, as defined in Chapter 1,
| | may not exceed 65 feet overall dimension.
|
|
(5) Combinations of vehicles specifically designed to
| | transport motor vehicles or boats may not exceed 65 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
|
|
(6) Stinger-steered semitrailer vehicles specifically
| | designed to transport motor vehicles or boats and automobile transporters, as defined in Chapter 1, may not exceed 80 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
|
|
(7) A truck in transit transporting 3 trucks coupled
| | together by the triple saddlemount method may not exceed 97 feet overall dimension.
|
|
(8) A towaway trailer transporter combination may not
| | exceed 82 feet overall dimension.
|
| Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New
Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
The length limitations described in this paragraph (d) shall be exclusive
of safety and energy conservation devices,
such as bumpers, refrigeration
units or air compressors and other devices, that the Department may interpret
as necessary for safe and efficient
operation; except that no device excluded under this paragraph shall have by
its design or use the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (d).
(e) On Class II highways there are no overall length limitations on motor
vehicles
operating in combinations, provided:
(1) The length of a semitrailer, unladen or with
| | load, in combination with a truck tractor, may not exceed 53 feet overall dimension.
|
|
(2) The distance between the kingpin and the center
| | of the rear axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 45 feet 6 inches. The limit contained in this paragraph (2) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
|
|
(3) A truck tractor-semitrailer-trailer or truck
| | tractor semitrailer-semitrailer combination may not exceed 65 feet in dimension from front axle to rear axle.
|
|
(4) The length of a semitrailer or trailer, unladen
| | or with load, operated in a truck tractor-semitrailer-trailer or truck tractor semitrailer-semitrailer combination, may not exceed 28 feet 6 inches.
|
|
(5) Maxi-cube combinations, as defined in Chapter 1,
| | may not exceed 65 feet overall dimension.
|
|
(6) A combination of vehicles, specifically designed
| | to transport motor vehicles or boats, may not exceed 65 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
|
|
(7) Stinger-steered semitrailer vehicles specifically
| | designed to transport motor vehicles or boats may not exceed 80 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
|
|
(8) A truck in transit transporting 3 trucks coupled
| | together by the triple saddlemount method may not exceed 97 feet overall dimension.
|
|
(9) A towaway trailer transporter combination may not
| | exceed 82 feet overall dimension.
|
| Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
Local authorities, with respect to
streets and highways under their jurisdiction, may also by ordinance or
resolution allow length limitations of this subsection (e).
The length limitations described in this paragraph (e) shall be exclusive
of safety and energy conservation devices, such as bumpers, refrigeration units
or air compressors and other devices, that the Department may interpret as
necessary for safe and efficient operation; except that no device excluded
under this paragraph shall have by its design or use the capability to carry
cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(e-1) (Blank).
(e-2) Except as provided in subsection (e-3), combinations of vehicles over
65
feet in length, with no overall length
limitation except as provided in subsections (d) and (e) of this Section, are
allowed access as follows:
(1) From a Class I highway onto any street or highway
| | for a distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access.
|
| (2) From a Class I or Class II highway onto any
| | non-designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest if:
|
| (A) there is no sign prohibiting that access; and
(B) the route is not being used as a thoroughfare
| | between Class I or Class II highways.
|
| (e-3) Combinations of vehicles over 65 feet in length operated by household
goods carriers or towaway trailer transporter combinations, with no overall length limitations except as provided in
subsections (d) and (e) of this Section, have unlimited access to points of
loading,
unloading, or delivery to or from a manufacturer, distributor, or dealer.
(f) On non-designated highways, the maximum length
limitations
for vehicles in combination are as follows:
(1) A truck tractor in combination with a semitrailer
| | may not exceed 65 feet overall dimension. An agency or instrumentality of the State or any unit of local government shall not be required to design or construct a new non-designated highway or to widen or otherwise alter a non-designated highway to accommodate truck tractor-semitrailer combinations under this paragraph (1).
|
|
(2) Semitrailers, unladen or with load, may not
| | exceed 53 feet overall dimension.
|
|
(3) A truck tractor-semitrailer-trailer or truck
| | tractor semitrailer-semitrailer may not exceed 60 feet overall dimension.
|
|
(4) The distance between the kingpin and the center
| | axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 42 feet 6 inches. The limit contained in this paragraph (4) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
|
|
(g) Length limitations in the preceding subsections of this Section 15-107
do not apply to the following:
(1) Vehicles operated in the daytime, except on
| | Saturdays, Sundays, or legal holidays, when transporting poles, pipe, machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled, provided the overall length of vehicle and load may not exceed 100 feet and no object exceeding 80 feet in length may be transported unless a permit has been obtained as authorized in Section 15-301. As used in this Section, "legal holiday" means any of the following days: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day.
|
|
(2) Vehicles and loads operated by a public utility
| | while en route to make emergency repairs to public service facilities or properties, but during night operation every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.
|
|
(3) A tow truck in combination with a disabled
| | vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations.
|
|
The towing vehicle, however, may tow any disabled vehicle from the initial
point of wreck or disablement to a point where repairs are actually to occur.
This movement shall be valid only on State routes.
The tower must abide by posted bridge weight limits.
All other combinations not listed in this subsection (f) may not exceed 60 feet overall dimension.
(h) The load upon any vehicle operated alone, or the load upon the
front vehicle of a combination of vehicles, shall not extend more than 3
feet beyond the front wheels of the vehicle or the front bumper of the
vehicle if it is equipped with a front bumper.
The provisions of this subsection (h) shall not apply to any vehicle or
combination of vehicles specifically designed for the collection and
transportation of waste, garbage, or recyclable materials during the vehicle's
operation in the course of collecting
garbage, waste, or
recyclable materials if the vehicle is traveling at a speed not in
excess of
15 miles per hour during the vehicle's operation and in the course of
collecting garbage, waste, or recyclable materials. However, in no instance
shall the load extend more than 7 feet beyond the front wheels of the vehicle
or the front bumper of the vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of an automobile transporter or a stinger-steered vehicle
specifically designed to transport motor vehicles shall not extend more
than 4 feet beyond the foremost part of the transporting vehicle and the
load upon the rear transporting vehicle shall not extend more than 6 feet
beyond the rear of the bed or body of the vehicle. This paragraph shall
only be applicable upon highways designated in paragraphs (d) and (e) of
this Section.
(j) Articulated vehicles comprised of 2 sections, neither of which
exceeds a length of 42 feet, designed for the carrying of more than 10
persons, may be up to 60 feet in length, not including energy absorbing
bumpers, provided that the vehicles are:
1. operated by or for any public body or motor
| | carrier authorized by law to provide public transportation services; or
|
|
2. operated in local public transportation service by
| | any other person and the municipality in which the service is to be provided approved the operation of the vehicle.
|
|
(j-1) (Blank).
(k) Any person who is convicted of violating this Section is subject
to the penalty as provided in paragraph (b) of Section 15-113.
(l) (Blank).
(Source: P.A. 102-124, eff. 7-23-21; 103-258, eff. 1-1-24 .)
|
625 ILCS 5/15-108
(625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
Sec. 15-108.
Planking edge of a pavement.
No tractor, traction engine or
other metal tired vehicle, weighing more than 4 tons,
including the weight of the vehicle and its load, shall drive up onto, off or
over the edge of any paved public highway in this State, without protecting
such edge by putting down solid planks or other suitable device to prevent such
vehicle from breaking off the edges or corners of such pavement.
(Source: P.A. 90-655, eff. 7-30-98.)
|
625 ILCS 5/15-109
(625 ILCS 5/15-109) (from Ch. 95 1/2, par. 15-109)
Sec. 15-109.
Spilling loads on highways prohibited.
(a) No vehicle shall be driven or moved on any highway unless such
vehicle is so constructed or loaded as to prevent any of its load from
dropping, shifting, leaking or otherwise escaping therefrom, except that
sand may be dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway in cleaning or maintaining such
roadway.
(b) No person shall operate on any highway any vehicle with any load
unless said load and any covering thereon is securely fastened so as to
prevent said covering or load from becoming loose, detached, or in any
manner a hazard to other users of the highway.
(c) The Department shall adopt such rules and regulations it deems appropriate
which require the securing of steel rolls and other objects on flatbed trucks
so as to prevent injury to users of highways and damage to property. Any
person who operates a flatbed truck on any highway in violation of the rules
and regulations promulgated by the Department under this subsection shall
be guilty of a Class A misdemeanor.
(Source: P.A. 82-231.)
|
625 ILCS 5/15-109.1
(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
Sec. 15-109.1.
Covers or tarpaulins required for certain loads.
(a) No person shall operate or cause to be operated, on a highway, any
second
division vehicle loaded with dirt, aggregate, garbage, refuse, or other
similar material, when any portion of the load is falling, sifting,
blowing, dropping or in any way escaping from the vehicle.
(b) No person shall operate or cause to be operated, on a highway, any
second division vehicle having a gross vehicle weight rating of 8,000 pounds or
more loaded with dirt, aggregate, garbage, refuse, or other
similar material in or on any part of the vehicle other than in the cargo
area. In addition, no person shall operate on any highway, such vehicle
unless the tailgate on the vehicle is in good repair and operating condition
and closes securely so as to prevent any load, residue, or other material from
escaping.
(c) This Section shall not apply to the operation of highway maintenance
vehicles engaged in removing snow and ice from the roadway, nor to
implements of husbandry or other farm vehicles while transporting
agricultural products to or from the original place of production.
(d) For the purpose of this Section "aggregate" shall include all ores,
minerals, sand, gravel, shale, coal, clay, limestone or any other ore or
mineral which may be mined.
(e) Notwithstanding any other penalty, whenever a police officer
determines
that the operator of a vehicle is in violation of this Section, as evidenced
by the issuance of a citation for a violation of Section 15-109.1 of this
Code, or where a police officer determines that a dangerous condition exists
whereby any portion of the load may fall, sift, blow, drop, or in any way
escape
or fall from the vehicle,
the police officer shall require the operator to stop the vehicle in
a suitable place and keep such vehicle stationary until the load has either
been reduced, secured, or covered with a cover or tarpaulin of sufficient
size to prevent any further violation of this Section.
(f) Any violation of the provisions of this Section shall be a petty
offense punishable by a fine not to exceed $250.
(Source: P.A. 91-858, eff. 1-1-01.)
|
625 ILCS 5/15-110
(625 ILCS 5/15-110) (from Ch. 95 1/2, par. 15-110)
Sec. 15-110.
Towed vehicles.
(a) When one vehicle is towing another, the drawbar or other connection
shall be of sufficient strength to pull all the weight towed thereby and
the drawbar or other connection shall not exceed 15 feet from one vehicle
to the other, except for the connection between any 2 vehicles transporting
poles, pipes, machinery or other objects of structural nature which cannot
readily be dismembered.
(b) Outside a business, residential or suburban district or on any
controlled access highway, no vehicle other than a pole trailer or a
semitrailer which is being towed by a truck tractor and is connected by the
means of a fifth wheel shall be towed on a roadway except by a drawbar and
each such vehicle so towed shall, in addition, be coupled with 2 safety
chains or cables to the towing vehicle. Such chains or cables shall be of
sufficient size and strength to prevent the towed vehicle parting from the
drawing vehicle in case the drawbar should break or become disengaged.
(c) The provisions of this section shall not apply to any second
division vehicle owned, operated or controlled by any person who is
registered with the Bureau of Motor Carrier Safety of the Federal Highway
Administration and has complied with the federal safety provisions of the
Bureau of Motor Carrier Safety of the Federal Highway Administration and
the rules and regulations of the Bureau.
(Source: P.A. 77-22.)
|
625 ILCS 5/15-111
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles
with pneumatic tires may be operated, unladen or with load,
when the total weight on the road surface
exceeds the following: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle with
no axle within the tandem exceeding 20,000 pounds; 80,000
pounds gross weight for vehicle combinations of 5 or more axles;
or a total weight on a group of 2 or more consecutive axles in excess of that
weight produced by the application of the following formula: W = 500 times the
sum of (LN divided by N-1) + 12N + 36, where "W" equals overall total weight on
any group of 2 or more consecutive axles to the nearest 500 pounds, "L" equals
the
distance measured to the nearest foot between extremes of any group of 2 or
more consecutive axles, and "N" equals the number of axles in the group under
consideration.
The above formula when expressed in tabular form results in allowable loads
as follows:
Distance measured to the nearest foot between the extremes of any Maximum weight in pounds group of 2 or of any group of more consecutive 2 or more consecutive axles axles
|
feet |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
4 |
34,000 |
| | | |
5 |
34,000 |
| | | |
6 |
34,000 |
| | | |
7 |
34,000 |
| | | |
8
|
34,000* |
34,000 |
| | | Between 8 | | | | | | and 9 | 38,000 | 42,000 | | | |
9 |
39,000 |
42,500 |
| | |
10 |
40,000 |
43,500 |
| | |
11 |
|
44,000 |
| | |
12 |
|
45,000 |
50,000 |
| |
13 |
|
45,500 |
50,500 |
| |
14 |
|
46,500 |
51,500 |
| |
15 |
|
47,000 |
52,000 |
| |
16 |
|
48,000 |
52,500 |
58,000 |
|
17 |
|
48,500 |
53,500 |
58,500 |
|
18 |
|
49,500 |
54,000 |
59,000 |
|
19 |
|
50,000 |
54,500 |
60,000 |
|
20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
33 |
|
|
64,000 |
68,500 |
74,000 |
34 |
|
|
64,500 |
69,000 |
74,500 |
35 |
|
|
65,500 |
70,000 |
75,000 |
36 |
|
|
66,000** |
70,500 |
75,500 |
37 |
|
|
66,500** |
71,000 |
76,000 |
38 |
|
|
67,500** |
72,000 |
77,000 |
39 |
|
|
68,000 |
72,500 |
77,500 |
40 |
|
|
68,500 |
73,000 |
78,000 |
41 |
|
|
69,500 |
73,500 |
78,500 |
42 |
|
|
70,000 |
74,000 |
79,000 |
43 |
|
|
70,500 |
75,000 |
80,000 |
44 |
|
|
71,500 |
75,500 |
|
45 |
|
|
72,000 |
76,000 |
|
46 |
|
|
72,500 |
76,500 |
|
47 |
|
|
73,500 |
77,500 |
|
48 |
|
|
74,000 |
78,000 |
|
49 |
|
|
74,500 |
78,500 |
|
50 |
|
|
75,500 |
79,000 |
|
51 |
|
|
76,000 |
80,000 |
|
52 |
|
|
76,500 |
| |
53 |
|
|
77,500 |
| |
54 |
|
|
78,000 |
| |
55 |
|
|
78,500 |
| |
56 |
|
|
79,500 |
| |
57 |
|
|
80,000 |
| |
|
*If the distance between 2 axles is 96 inches or less, the 2 axles are
tandem axles and the maximum total weight may not exceed 34,000 pounds,
notwithstanding the higher limit resulting from the application of the formula.
**Two consecutive sets of tandem axles may carry 34,000 pounds each if the overall distance between the first and last axles of these tandems is 36 feet or more.
Vehicles not in a combination having more than 4 axles may not exceed the
weight in the table in this subsection (a) for 4 axles measured between the
extreme axles of the
vehicle.
Vehicles in a combination having more than 6 axles may not exceed the weight
in the table in this subsection (a) for 6 axles measured between the extreme
axles of the
combination.
Local authorities, with respect
to streets and highways under their jurisdiction, without additional
fees, may also by ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle shall not exceed
20,000 pounds and the maximum total weight on any tandem axle
shall not exceed
34,000 pounds, on designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is
| | established and posted in accordance with Section 15-316 of this Code.
|
|
(2) Vehicles for which the Department of
| | Transportation and local authorities issue overweight permits under authority of Section 15-301 of this Code. These vehicles are not subject to the bridge formula.
|
|
(3) Cities having a population of more than 50,000
| | may permit by ordinance axle loads on 2-axle motor vehicles 33 1/2% above those provided for herein, but the increase shall not become effective until the city has officially notified the Department of the passage of the ordinance and shall not apply to those vehicles when outside of the limits of the city, nor shall the gross weight of any 2-axle motor vehicle operating over any street of the city exceed 40,000 pounds.
|
|
(4) Weight limitations shall not apply to vehicles
| | (including loads) operated by a public utility when transporting equipment required for emergency repair of public utility facilities or properties or water wells.
|
|
(4.5) A 3-axle or 4-axle vehicle (including when
| | laden) operated or hired by a municipality within Cook, Lake, McHenry, Kane, DuPage, or Will county being operated for the purpose of performing emergency sewer repair that would be subject to a weight limitation less than 66,000 pounds under the formula in this subsection (a) shall have a weight limitation of 66,000 pounds or the vehicle's gross vehicle weight rating, whichever is less. This paragraph (4.5) does not apply to vehicles being operated on the National System of Interstate and Defense Highways, or to vehicles being operated on bridges or other elevated structures constituting a part of a highway.
|
| (5) Two consecutive sets of tandem axles may carry a
| | total weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more, notwithstanding the lower limit resulting from the application of the above formula.
|
|
(6) A truck, not in combination and used exclusively
| | for the collection of rendering materials, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle.
|
|
(7) A truck not in combination, equipped with a self
| | compactor or an industrial roll-off hoist and roll-off container, used exclusively for garbage, refuse, or recycling operations, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
|
|
(7.5) A 3-axle rear discharge truck mixer registered
| | as a Special Hauling Vehicle, used exclusively for the mixing and transportation of concrete in the plastic state, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
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| (8) Except as provided in paragraph (7.5) of this
| | subsection (a), tandem axles on a 3-axle truck registered as a Special Hauling Vehicle, manufactured prior to or in the model year of 2024 and first registered in Illinois prior to January 1, 2025, with a distance greater than 72 inches but not more than 96 inches between any series of 2 axles, is allowed a combined weight on the series not to exceed 36,000 pounds and neither axle of the series may exceed 20,000 pounds. Any vehicle of this type manufactured after the model year of 2024 or first registered in Illinois after December 31, 2024 may not exceed a combined weight of 34,000 pounds through the series of 2 axles and neither axle of the series may exceed 20,000 pounds.
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| A 3-axle combination sewer cleaning jetting vacuum
| | truck registered as a Special Hauling Vehicle, used exclusively for the transportation of non-hazardous solid waste, manufactured before or in the model year of 2014, first registered in Illinois before January 1, 2015, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
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| (9) A 4-axle truck mixer registered as a Special
| | Hauling Vehicle, used exclusively for the mixing and transportation of concrete in the plastic state, and not operated on a highway that is part of the National System of Interstate Highways, is allowed the following maximum weights: 20,000 pounds on any single axle; 36,000 pounds on a series of axles greater than 72 inches but not more than 96 inches; and 34,000 pounds on any series of 2 axles greater than 40 inches but not more than 72 inches. The gross weight of this vehicle may not exceed the weights allowed by the bridge formula for 4 axles. The bridge formula does not apply to any series of 3 axles while the vehicle is transporting concrete in the plastic state, but no axle or tandem axle of the series may exceed the maximum weight permitted under this paragraph (9) of subsection (a).
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| (10) Combinations of vehicles, registered as Special
| | Hauling Vehicles that include a semitrailer manufactured prior to or in the model year of 2024, and registered in Illinois prior to January 1, 2025, having 5 axles with a distance of 42 feet or less between extreme axles, may not exceed the following maximum weights: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle; and 72,000 pounds gross weight. This combination of vehicles is not subject to the bridge formula. For all those combinations of vehicles that include a semitrailer manufactured after the effective date of P.A. 92-0417, the overall distance between the first and last axles of the 2 sets of tandems must be 18 feet 6 inches or more. Any combination of vehicles that has had its cargo container replaced in its entirety after December 31, 2024 may not exceed the weights allowed by the bridge formula.
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| (11) The maximum weight allowed on a vehicle with
| | crawler type tracks is 40,000 pounds.
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| (12) A combination of vehicles, including a tow truck
| | and a disabled vehicle or disabled combination of vehicles, that exceeds the weight restriction imposed by this Code, may be operated on a public highway in this State provided that neither the disabled vehicle nor any vehicle being towed nor the tow truck itself shall exceed the weight limitations permitted under this Chapter. During the towing operation, neither the tow truck nor the vehicle combination shall exceed 24,000 pounds on a single rear axle and 44,000 pounds on a tandem rear axle, provided the towing vehicle:
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| (i) is specifically designed as a tow truck
| | having a gross vehicle weight rating of at least 18,000 pounds and is equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes;
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| (ii) is equipped with flashing, rotating, or
| | oscillating amber lights, visible for at least 500 feet in all directions;
|
| (iii) is capable of utilizing the lighting and
| | braking systems of the disabled vehicle or combination of vehicles; and
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| (iv) does not engage in a tow exceeding 20 miles
| | from the initial point of wreck or disablement. Any additional movement of the vehicles may occur only upon issuance of authorization for that movement under the provisions of Sections 15-301 through 15-318 of this Code. The towing vehicle, however, may tow any disabled vehicle to a point where repairs are actually to occur. This movement shall be valid only on State routes. The tower must abide by posted bridge weight limits.
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| (12.5) The vehicle weight limitations in this Section
| | do not apply to a covered heavy duty tow and recovery vehicle. The covered heavy duty tow and recovery vehicle license plate must cover the operating empty weight of the covered heavy duty tow and recovery vehicle only.
|
| (13) Upon and during a declaration of an emergency
| | propane supply disaster by the Governor under Section 7 of the Illinois Emergency Management Agency Act:
|
| (i) a truck not in combination, equipped with a
| | cargo tank, used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle vehicle; and
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| (ii) a truck when in combination with a trailer
| | equipped with a cargo tank used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 90,000 pounds gross weight on a 5-axle or 6-axle vehicle.
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| Vehicles operating under this paragraph (13) are not
| | subject to the bridge formula.
|
| (14) A vehicle or combination of vehicles that
| | uses natural gas or propane gas as a motor fuel may exceed the above weight limitations by up to 2,000 pounds, the total allowance is calculated by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas or propane gas tank and fueling system carried by the vehicle, and the weight of a comparable diesel tank and fueling system. This paragraph (14) shall not allow a vehicle to exceed any posted weight limit on a highway or structure.
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| (15) An emergency vehicle or fire apparatus that is a
| | vehicle designed to be used under emergency conditions to transport personnel and equipment, and used to support the suppression of fires and mitigation of other hazardous situations on a Class I highway, may not exceed 86,000 pounds gross weight, or any of the following weight allowances:
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| (i) 24,000 pounds on a single steering axle;
(ii) 33,500 pounds on a single drive axle;
(iii) 62,000 pounds on a tandem axle; or
(iv) 52,000 pounds on a tandem rear drive steer
| | (16) A bus, motor coach, or recreational vehicle may
| | carry a total weight of 24,000 pounds on a single axle, but may not exceed other weight provisions of this Section.
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| Gross weight limits shall not apply to the combination of the tow truck
and vehicles being towed. The tow truck license plate must cover the
operating empty weight of the tow truck only. The weight
of each vehicle being towed shall be covered by a valid license plate issued to
the owner or operator of the vehicle being towed and displayed on that vehicle.
If no valid plate issued to the owner or operator of that vehicle is displayed
on that vehicle, or the plate displayed on that vehicle does not cover the
weight of the vehicle, the weight of the vehicle shall be covered by
the third tow truck plate issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back carrier is registered and being used as a tow truck, however, the license plate or plates for the tow truck must cover the gross vehicle weight, including any load carried on the bed of the roll-back carrier.
The Department may by rule or regulation prescribe additional requirements.
However, nothing in this Code shall prohibit a tow truck under
instructions of a police officer from legally clearing a disabled vehicle,
that may be in violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
If in the opinion of the police officer that location is unsafe, the officer
is authorized to have the disabled vehicle towed to the nearest place of
safety.
For the purpose of this subsection, gross vehicle weight rating, or
GVWR, means the value specified by the manufacturer as the loaded
weight of the tow truck.
(b) As used in this Section, "recycling haul" or "recycling operation" means the hauling of non-hazardous, non-special, non-putrescible materials, such as paper, glass, cans, or plastic, for subsequent use in the secondary materials market.
(c) No vehicle or combination of vehicles equipped with pneumatic tires
shall be operated, unladen or with load, upon the highways of this State in
violation of the provisions of any permit issued under the provisions of
Sections 15-301 through 15-318 of this Chapter.
(d) No vehicle or combination of vehicles equipped with other than pneumatic
tires may be operated, unladen or with load, upon the highways of this State
when the gross weight on the road surface through any wheel exceeds 800
pounds per inch width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of vehicles over
a bridge or other elevated structure constituting part of a highway with a
gross weight that is greater than the maximum weight permitted by the
Department, when the structure is sign posted as provided in this Section.
(f) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
the structure cannot with safety to itself withstand the weight of vehicles
otherwise permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can withstand,
and shall cause or permit suitable signs stating maximum weight to be
erected and maintained before each end of the structure. No person shall
operate a vehicle or combination of vehicles over any structure with a
gross weight that is greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation of subsection
(e) or (f) of this Section, proof of the determination of the maximum
allowable weight by the Department and the existence of the signs,
constitutes conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 102-124, eff. 7-23-21.)
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625 ILCS 5/15-112
(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
Sec. 15-112. Officers to weigh vehicles and require removal of excess loads.
(a) Any police officer having reason to believe that the weight of a
vehicle and load is unlawful shall require the driver to stop and submit
to a weighing of the same either by means of a portable or stationary
scales that have been tested and approved at a frequency prescribed by the
Illinois Department of Agriculture, or for those scales operated by the State,
when such tests are requested
by
the
Illinois State Police, whichever is more frequent.
If such scales are not available at the
place where such vehicle
is stopped, the police officer shall require that such vehicle be driven
to the nearest available scale that has been tested and approved pursuant to
this Section
by the
Illinois Department of Agriculture. Notwithstanding any provisions of the
Weights and Measures Act or the United States Department of Commerce NIST
handbook 44, multi or single draft weighing is an acceptable method of weighing
by law enforcement for determining a violation of Chapter 3 or 15 of this Code.
Law enforcement is exempt from the requirements of commercial weighing
established in NIST handbook 44.
Within 18 months after the effective date of this
amendatory Act of the 91st General Assembly, all municipal and county
officers,
technicians, and employees who set up and operate portable scales for wheel
load or axle load or both and issue citations based
on the use
of portable scales for wheel load or axle load or both
and who have not successfully completed initial classroom and field training
regarding the set up and operation of portable scales, shall attend and
successfully complete
initial classroom and field training administered by the Illinois Law
Enforcement
Training Standards Board.
(b) Whenever an officer, upon weighing a vehicle and the load,
determines that the weight is unlawful, such officer shall require the
driver to stop the vehicle in a suitable place and remain standing until
such portion of the load is removed as may be necessary to reduce the
weight of the vehicle to the limit permitted under this Chapter, or to
the limit permitted under the terms of a permit issued pursuant to
Sections 15-301 through 15-318 and shall forthwith
arrest the driver or owner. All material so unloaded shall be cared for
by the owner or operator of the vehicle at the risk of such owner or operator;
however, whenever a 3 or 4 axle vehicle with a tandem axle
dimension greater than 72 inches, but less than 96 inches and registered as a
Special Hauling Vehicle is transporting asphalt or concrete in the
plastic state that exceeds axle weight or gross weight limits by less than
4,000 pounds, the owner or operator of the vehicle shall accept the
arrest ticket or tickets for the alleged violations under this Section and
proceed without shifting or reducing the load being transported or may shift or
reduce the load under the provisions of subsection (d) or (e) of this Section,
when applicable. Any fine imposed following an overweight violation by a
vehicle registered as a Special Hauling Vehicle transporting asphalt or
concrete in the plastic state shall be paid as provided in subsection
4
of paragraph (a) of Section 16-105 of this Code.
(c) The Department of Transportation may, at the request of the
Illinois State Police, erect appropriate regulatory signs on any
State highway directing second division vehicles to a scale. The
Department of Transportation may also, at the direction of any State Police
officer, erect portable regulating signs on any highway directing second
division vehicles to a portable scale. Every such
vehicle, pursuant to such sign, shall stop and be weighed.
(d) Whenever any axle load of a vehicle exceeds the axle or tandem axle
weight limits permitted by paragraph (a) of Section 15-111 by 2000
pounds or less, the owner or operator of the vehicle must shift or
remove the excess so as to comply with paragraph (a) of Section
15-111. No overweight arrest ticket shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is shifted or
removed as
required by this paragraph.
(e) Whenever the gross weight of a vehicle with a registered gross
weight of 77,000 pounds or less exceeds the weight limits of paragraph
(a) of Section 15-111 of this Chapter by 2000 pounds or less,
the owner or operator of the vehicle must remove the excess. Whenever
the gross weight of a vehicle with a registered gross weight over 77,000 pounds
or more exceeds the weight limits of paragraph (a) of Section 15-111
by 1,000 pounds or less or 2,000 pounds or less if weighed on wheel load
weighers, the owner or operator of the vehicle
must remove the excess. In either case no arrest ticket for any
overweight violation of this Code shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is removed as required
by this paragraph.
A person who has been granted a special permit under Section 15-301 of this
Code shall not be granted a tolerance on wheel load weighers.
(e-5) Auxiliary power or idle reduction unit (APU) weight. (1) A vehicle with a fully functional APU shall be | | allowed an additional 550 pounds or the certified unit weight, whichever is less. The additional pounds may be allowed in gross, axles, or bridge formula weight limits above the legal weight limits except when overweight on an axle or axles of the towed unit or units in combination. This tolerance shall be given in addition to the limits in subsection (d) of this Section.
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| (2) An operator of a vehicle equipped with an APU
| | shall carry written certification showing the weight of the APU, which shall be displayed upon the request of any law enforcement officer.
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| (3) The operator may be required to demonstrate or
| | certify that the APU is fully functional at all times.
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| (4) This allowance may not be granted above the
| | weight limits specified on any loads permitted under Section 15-301 of this Code.
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| (f) Whenever an axle load of a vehicle exceeds axle weight limits
allowed by the provisions of a permit an arrest ticket shall be issued,
but the owner or operator of the vehicle may shift the load so as to
comply with the provisions of the permit. Where such shifting of a load
to comply with the permit is accomplished, the owner or operator of the
vehicle may then proceed.
(g) Any driver of a vehicle who refuses to stop and submit his
vehicle and load to weighing after being directed to do so by an officer
or removes or causes the removal of the load or part of it prior to
weighing is guilty of a business offense and shall be fined not less
than $500 nor more than $2,000.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/15-113
(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
Sec. 15-113. Violations; penalties.
(a) Whenever any vehicle is operated in violation of the provisions of
Section 15-111 or subsection (d) of Section 3-401, the owner or driver of such
vehicle shall be deemed guilty of such violation and either the owner or the
driver of such vehicle may be prosecuted for such violation.
Any person charged with a violation of any of these provisions who pleads not
guilty shall be present in court for the trial on the charge.
Any person, firm, or corporation convicted of any violation of
Section 15-111 including, but not limited to, a maximum axle or gross limit
specified on a regulatory sign posted in accordance with paragraph (e) or (f) of Section 15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100 From 2001 through 2500 pounds overweight, the fine is $270 From 2501 through 3000 pounds overweight, the fine is $330 From 3001 through 3500 pounds overweight, the fine is $520 From 3501 through 4000 pounds overweight, the fine is $600 From 4001 through 4500 pounds overweight, the fine is $850 From 4501 through 5000 pounds overweight, the fine is $950 From 5001 or more pounds overweight, the fine shall be computed by assessing $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight or fraction thereof. In addition, any person, firm, or corporation convicted of 4 or more violations
of Section 15-111 within any 12 month period shall be fined an additional
amount of $5,000 for the fourth and each subsequent conviction within the 12
month period. Provided, however, that with regard to a firm or corporation,
a fourth or subsequent conviction shall mean a fourth or subsequent
conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the provisions of
Sections 15-102, 15-103 or 15-107, the owner or driver of
such vehicle shall be deemed guilty of such violation and either may be
prosecuted for such violation. Any person, firm, or corporation convicted
of any violation of Sections 15-102, 15-103 or 15-107 shall be fined for
the first or second conviction an amount equal to not less than $50 nor
more than $500, and for the third and subsequent convictions by the same
person, firm, or corporation within a period of one year after the date of
the first offense, not less than $500 nor more than $1,000.
(c) All proceeds equal to 50% of the fines recovered under subsection (a) of this Section shall be remitted to the State Treasurer and deposited into the Capital Projects Fund. (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .)
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625 ILCS 5/15-113.1
(625 ILCS 5/15-113.1) (from Ch. 95 1/2, par. 15-113.1)
Sec. 15-113.1. Violations-sentence of permit moves.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating under a fraudulent permit or under a permit not
specifically covering the move, the owner or driver of such vehicle shall
be deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. When any person, firm
or corporation is convicted of such violation, the permit shall be null and
void and such person, firm or corporation shall be fined in an amount not
less than 10 cents per pound for each pound the gross weight of the vehicle
exceeds the gross weight of such vehicles allowable under Section 15-111 of
this Chapter.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19 .)
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625 ILCS 5/15-113.2
(625 ILCS 5/15-113.2) (from Ch. 95 1/2, par. 15-113.2)
Sec. 15-113.2. Violations-sentence of permit moves exceeding axle
weights. Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with axle weights in excess of those
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. Any person, firm
or corporation convicted of such violation shall be fined in an amount
not less than 2 cents nor more than 5 cents per pound for each pound of
excess weight on such axle or tandem axle in excess of the weight
authorized in the permit when the excess is 1,000 pounds or less; not
less than 5 cents nor more than 10 cents per pound for each pound of
excess weight when the excess exceeds 1,000 pounds and is 2,000 pounds
or less; not less than 10 cents nor more than 15 cents per pound for
each pound of excess weight when the excess exceeds 2,000 pounds and is
3,000 pounds or less; and not less than 15 cents nor more than
20 cents per
pound for each pound of excess weight when the excess exceeds 3,000
pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19 .)
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625 ILCS 5/15-113.3
(625 ILCS 5/15-113.3) (from Ch. 95 1/2, par. 15-113.3)
Sec. 15-113.3. Violations-sentence of permit moves exceeding gross weight.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with the gross weight in excess of that
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person, firm or
corporation convicted of such violation shall be fined in an amount not
less than 2 cents nor more than 5 cents per pound for each pound of excess
weight in excess of the gross weight authorized in the permit when the
excess is 1,000 pounds or less; not less than 4 cents nor more than 7 cents
per pound for each pound of excess weight when the excess exceeds 1,000
pounds and is 2,000 pounds or less; not less than 7 cents nor more than 10
cents per pound for each pound of excess weight when the excess exceeds
2,000 pounds and is 3,000 pounds or less; not less than 10 cents nor more
than 15 cents per pound for each pound of excess weight when the excess
exceeds 3,000 pounds and is 4,000 pounds or less; not less than 15 cents
nor more than 20 cents per pound for each pound of excess weight when the
excess exceeds 4,000 pounds and is 5,000 pounds or less; and not less than
17 cents nor more than 25 cents per pound for each pound of excess weight
when the excess exceeds 5,000 pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19 .)
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625 ILCS 5/15-114
(625 ILCS 5/15-114) (from Ch. 95 1/2, par. 15-114)
Sec. 15-114.
Pushing of disabled vehicles.
It is unlawful under any circumstances for any vehicle to push any other
vehicle on or along any highway outside an urban area in this State, except
in an extreme emergency and then the vehicle shall not be pushed farther
than is reasonably necessary to remove it from the roadway or from the
immediate hazard that exists.
(Source: P.A. 78-486.)
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625 ILCS 5/15-115
(625 ILCS 5/15-115)
Sec. 15-115. (Repealed).
(Source: P.A. 83-12. Repealed by P.A. 98-44, eff. 6-28-13.)
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625 ILCS 5/15-116 (625 ILCS 5/15-116) Sec. 15-116. Highway designations. (a) The Department of Transportation shall maintain and provide a listing of all Class I and Class II designated streets and highways as defined in Chapter 1 of this Code.
(b) The Department shall also maintain and provide a listing of all local streets or highways that have been designated Class II by local agencies. (c) Local agencies shall be responsible for reporting to the Department all streets and highways under their jurisdiction designated Class II. Local agencies shall also provide to the Department reference contact names and telephone numbers.
(d) The Department shall also maintain and provide an official map of the Designated State Truck Route System that includes State and local streets and highways that have been designated Class I or Class II.
(e) If a unit of local government has no Class II designated truck routes, the unit of local government shall affirm to the Department that it has no such truck routes. (f) Each unit of local government shall report to the Department, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under paragraph (1) of subsection (f) of Section 15-107. (Source: P.A. 103-258, eff. 1-1-24 .) |
625 ILCS 5/15-117 (625 ILCS 5/15-117) Sec. 15-117. Global Positioning System Technology and the Designated Truck Route System Task Force. (a) A Global Positioning System Technology and the Designated Truck Route System Task Force shall be appointed to study and make recommendations for statutory change. (b) The Task Force shall study advances in and utilization of Global Positioning System (GPS) technology relating to routing information for commercial vehicles. The Task Force shall also study the implementation and compliance with the Designated Truck Route System under Section 15-116 of this Code. (c) The Task Force shall be composed of the following members, who shall serve without pay: (1) one member of the Senate appointed by the | | (2) one member of the Senate appointed by the
| | Minority Leader of the Senate;
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| (3) one member of the House of Representatives
| | appointed by the Speaker of the House of Representatives;
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| (4) one member of the House of Representatives
| | appointed by the Minority Leader of the House of Representatives;
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| (5) the Secretary of the Illinois Department of
| | Transportation or his or her designee;
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| (6) one member representing the global positioning
| | system technology industry appointed by the President of the Senate;
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| (7) one member representing the commercial trucking
| | industry appointed by the Minority Leader of the Senate;
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| (8) one member representing a unit of county
| | government appointed by the Speaker of the House of Representatives;
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| (9) one member representing a unit of municipal
| | government appointed by the Minority Leader of the House of Representatives; and
|
| (10) one member representing the county engineers
| | appointed by the Minority Leader of the House of Representatives.
|
| The members shall select a chairperson from among themselves.
(d) The Task Force shall meet within 60 days of the effective date of this amendatory Act of the 96th General Assembly and meet at least 2 additional times before December 31, 2010. Staff support services may be provided to the Task Force by the Illinois Department of Transportation.
(e) The Task Force shall submit to the Governor and General Assembly a report of its findings and recommendations for legislative action necessary to accomplish one or more of the following goals: (1) improving public traffic safety, (2) preserving roadway infrastructure, (3) addressing advances in GPS technology relating to truck routing, and (4) producing an accurate statewide designated truck route system through effective enforcement of Section 15-116 of this Code. The Task Force report must be submitted no later than January 1, 2011. The activities of the Task Force shall conclude no later than January 31, 2011.
(Source: P.A. 96-1370, eff. 7-28-10.)
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625 ILCS 5/Ch. 15 Art. II
(625 ILCS 5/Ch. 15 Art. II heading)
ARTICLE II.
VEHICLES EXCEEDING WEIGHT LIMITS
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625 ILCS 5/15-201
(625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)
Sec. 15-201. Vehicles exceeding prescribed weight limits - Preventing use of highway by. The Illinois State Police is directed to institute
and maintain
a program designed to prevent the use of public highways by vehicles which
exceed the maximum weights allowed by Section 15-111 of this Act or which
exceeds the maximum weights allowed as evidenced by the license plates
attached to such vehicle and which license is required by this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/15-202
(625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)
Sec. 15-202. Enforcement.
Such program shall make provision for an intensive campaign by the Illinois State
Police to apprehend any violators of the acts above mentioned, and at all
times to maintain a vigilant watch for possible violators of such acts.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/15-203
(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
Sec. 15-203. Records
of violations.
The Illinois State Police shall maintain records
of the number
of violators of such acts apprehended and the number of convictions
obtained. A resume of such records shall be included in the Department's
annual report to the Governor; and the Department shall also present such
resume to each regular session of the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/Ch. 15 Art. III
(625 ILCS 5/Ch. 15 Art. III heading)
ARTICLE III.
PERMITS
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625 ILCS 5/15-301
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its jurisdiction
and local authorities with respect to highways under their jurisdiction
may, in their discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this Code or otherwise not in
conformity with this Code upon any highway under the jurisdiction of the
party granting such permit and for the maintenance of which the party is
responsible. Applications and permits other than those in written or
printed form may only be accepted from and issued to the company or
individual making the movement. Except for an application to move directly
across a highway, it shall be the duty of the applicant to establish in the
application that the load to be moved by such vehicle or combination cannot reasonably be
dismantled or
disassembled, the reasonableness of which shall be determined by the Secretary of the Department. For the purpose of
over length movements,
more than one object may be carried side by side as long as the height, width,
and weight laws are not exceeded and the cause for the over length is not due
to multiple objects. For the purpose of over height movements, more than one
object may be carried as long as the cause for the over height is not due to
multiple objects and the length, width, and weight laws are not exceeded. For
the purpose of an over width movement, more than one object may be carried as
long as the cause for the over width is not due to multiple objects and length,
height, and weight laws are not exceeded. Except for transporting fluid milk products, no State or local agency shall
authorize the issuance of excess size or weight permits for vehicles and loads
that are divisible and that can be carried, when divided, within the existing
size or weight maximums specified in this Chapter. Any excess size or weight
permit issued in violation of the provisions of this Section shall be void at
issue and any movement made thereunder shall not be authorized under the terms
of the void permit. In any prosecution for a violation of this Chapter when
the authorization of an excess size or weight permit is at issue, it is the
burden of the defendant to establish that the permit was valid because the load
to be moved could not reasonably be dismantled or disassembled, or was
otherwise nondivisible.
(a-1) As used in this Section, "extreme heavy duty tow and recovery vehicle" means a tow truck manufactured as a unit having a lifting capacity of not less than 50 tons, and having either 4 axles and an unladen weight of not more than 80,000 pounds or 5 axles and an unladen weight not more than 90,000 pounds. Notwithstanding otherwise applicable gross and axle weight limits, an extreme heavy duty tow and recovery vehicle may lawfully travel to and from the scene of a disablement and clear a disabled vehicle if the towing service has obtained an extreme heavy duty tow and recovery permit for the vehicle. The form and content of the permit shall be determined by the Department with respect to highways under its jurisdiction and by local authorities with respect to highways under their jurisdiction. (b) The application for any such permit shall: (1) state whether
such permit is requested for a single trip or for limited continuous
operation; (2) (blank); (3) specifically describe and identify the vehicle or
vehicles and load to be operated or moved; (4) state the
routing requested, including the points of origin and destination, and may
identify and include a request for routing to the nearest certified scale
in accordance with the Department's rules and regulations, provided the
applicant has approval to travel on local roads; and (5) (blank).
(c) The Department or local authority when not inconsistent with
traffic safety is authorized to issue or withhold such permit at its
discretion; or, if such permit is issued at its discretion to prescribe
the route or routes to be traveled, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to
limit or prescribe conditions of operations of such vehicle or vehicles,
when necessary to assure against undue damage to the road foundations,
surfaces or structures, and may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure. The Department shall maintain a daily record of
each permit issued along with the fee and the stipulated dimensions,
weights, conditions, and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The Department shall
install an automatic device for recording telephone conversations involving permit applications. The Department and
applicant waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from any local
authority, issue an annual permit authorizing the local authority to
move oversize highway construction, transportation, utility, and maintenance
equipment over roads under the jurisdiction of the Department. The permit
shall be applicable only to equipment and vehicles owned by or registered
in the name of the local authority, and no fee shall be charged for the
issuance of such permits.
(e) As an exception to subsection (a) of this Section, the Department
and local authorities, with respect to highways under their respective
jurisdictions, in their discretion and upon application in writing, may
issue a special permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle vehicle registered by the
Secretary of State not to exceed 10% above those provided in Section 15-111. The total gross weight of the vehicle, however,
may not exceed the maximum gross weight of the registration class of the vehicle allowed under Section 3-815 or 3-818 of this Code. As used in this Section, "agricultural commodities"
means: (1) cultivated plants or agricultural produce grown, | | including, but not limited to, corn, soybeans, wheat, oats, grain sorghum, canola, and rice;
|
| (2) livestock, including, but not limited to, hogs,
| | equine, sheep, and poultry;
|
| (3) ensilage; and
(4) fruits and vegetables.
Permits may be issued for a
period not to exceed 40 days and moves may be made of a distance not to
exceed 50 miles from a field, an on-farm grain storage facility, a warehouse as defined in the Grain Code, or a livestock management facility as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense Highways. The operator of the vehicle,
however, must abide by posted bridge and posted highway weight limits. All implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.
(e-1) A special permit shall be issued by the Department under this Section and shall
be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits under Section 15-111 of this Code or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under Section 15-111 of this Code and does not exceed the vehicle's registered gross weight by 10%. All other restrictions that apply to permits issued under this Section shall apply during the declared time period and no fee shall be charged for the issuance of those permits. Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways. With
respect to highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit requirements and set a divisible load weight limit not to exceed 10% above a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111. Permits issued under this subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including vehicles used in private or for-hire movement of divisible load agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined by the
Department with respect to highways under its jurisdiction and by local
authorities with respect to highways under their jurisdiction. Every permit
shall be in written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any
police officer or authorized agent of any authority granting the permit
and no person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the permit
shall not be deemed a revocation of the permit; however, any vehicle and load
found to be off the route prescribed in the permit shall be held to be
operating without a permit. Any off-route vehicle and load shall be required
to obtain a new permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor anything herein,
shall be construed to authorize any police officer, court, or authorized agent
of any authority granting the permit to remove the permit from the possession
of the permittee unless the permittee is charged with a fraudulent permit
violation as provided in subsection (i). However, upon arrest for an offense of
violation of permit, operating without a permit when the vehicle is off route,
or any size or weight offense under this Chapter when the permittee plans to
raise the issuance of the permit as a defense, the permittee, or his agent,
must produce the permit at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a certified scale, the permittee, while en route to the designated scale, shall be deemed in compliance
with the weight provisions of the permit provided the axle or gross weights
do not exceed any of the permitted limits by more than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and make
available to interested persons a policy concerning reasonable rules,
limitations and conditions or provisions of operation upon highways
under its jurisdiction in addition to those contained in this Section
for the movement by special permit of vehicles, combinations, or loads
which cannot reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof. All rules,
limitations and conditions or provisions adopted in the policy shall
have due regard for the safety of the traveling public and the protection
of the highway system and shall have been promulgated in conformity with
the provisions of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles shall be the
same for all moves of comparable size and weight. When escort vehicles are
required, they shall meet the following requirements:
(1) All operators shall be 18 years of age or over
| | and properly licensed to operate the vehicle.
|
|
(2) Vehicles escorting oversized loads more than 12
| | feet wide must be equipped with a rotating or flashing amber light mounted on top as specified under Section 12-215.
|
|
The Department shall establish reasonable rules and regulations
regarding liability insurance or self insurance for vehicles with
oversized loads promulgated under the Illinois Administrative Procedure
Act. Police vehicles may be required for escort under circumstances as
required by rules and regulations of the Department.
(h) Violation of any rule, limitation or condition or provision of
any permit issued in accordance with the provisions of this Section
shall not render the entire permit null and void but the violator shall
be deemed guilty of violation of permit and guilty of exceeding any size,
weight, or load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere rules, limitations,
conditions, or provisions of the permit, but are also the sole extent of the
authorization granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing movement,
the vehicle and load are operating without a permit. Any off-route movement
shall be subject to the size and weight maximums, under the applicable
provisions of this Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made under a
fraudulent permit, the permit shall be void, and the person, firm, or
corporation to whom such permit was granted, the driver of such vehicle
in addition to the person who issued such permit and any accessory,
shall be guilty of fraud and either one or all persons may be prosecuted
for such violation. Any person, firm, or corporation committing such
violation shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted of such
violation for a period of one year after the date of conviction.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of other Sections of this Code.
(j) Whenever any vehicle is operated or movement made in violation
of a permit issued in accordance with this Section, the person to whom
such permit was granted, or the driver of such vehicle, is guilty of
such violation and either, but not both, persons may be prosecuted for
such violation as stated in this subsection (j). Any person, firm, or
corporation convicted of such violation shall be guilty of a petty
offense and shall be fined, for the first offense, not less than $50 nor
more than $200 and, for the second offense by the same person, firm, or
corporation within a period of one year, not less than $200 nor more
than $300 and, for the third offense by the same person, firm, or
corporation within a period of one year after the date of the first
offense, not less than $300 nor more than $500 and the Department may, in its discretion, not issue permits to the person, firm, or corporation convicted of a
third offense during a period of one year after the date of conviction or supervision
for such third offense. If any violation is the cause or contributing cause in a motor vehicle crash causing damage to property, injury, or death to a person, the Department may, in its discretion, not issue a permit to the person, firm, or corporation for a period of one year after the date of conviction or supervision for the offense.
(k) Whenever any vehicle is operated on local roads under permits
for excess width or length issued by local authorities, such vehicle may
be moved upon a State highway for a distance not to exceed one-half mile
without a permit for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section, the Department,
with respect to highways under its jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight requirement, or
both, that would not ordinarily be eligible for a permit, when there is a
showing of extreme necessity that the vehicle and load should be moved without
unnecessary delay.
For the purpose of this subsection, showing of extreme necessity shall be
limited to the following: shipments of livestock, hazardous materials, liquid
concrete being hauled in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in addition to any
penalties imposed for violating any other Section of this Code.
(n) The Department with respect to highways under its jurisdiction and
local
authorities with respect to highways under their jurisdiction, in their
discretion and upon
application in writing, may issue a special permit for continuous limited
operation,
authorizing the applicant to operate a tow truck that exceeds the weight limits
provided
for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck exceeds
| |
(2) no rear tandem axle of the tow truck exceeds
| |
(2.1) no triple rear axle on a manufactured recovery
| | unit exceeds 60,000 pounds;
|
| (3) neither the disabled vehicle nor the disabled
| | combination of vehicles exceed the weight restrictions imposed by this Chapter 15, or the weight limits imposed under a permit issued by the Department prior to hookup;
|
|
(4) the tow truck prior to hookup does not exceed the
| | weight restrictions imposed by this Chapter 15;
|
|
(5) during the tow operation the tow truck does not
| | violate any weight restriction sign;
|
|
(6) the tow truck is equipped with flashing,
| | rotating, or oscillating amber lights, visible for at least 500 feet in all directions;
|
|
(7) the tow truck is specifically designed and
| |
(8) the tow truck has a gross vehicle weight rating
| | of sufficient capacity to safely handle the load;
|
|
(9) the tow truck is equipped with air brakes;
(10) the tow truck is capable of utilizing the
| | lighting and braking systems of the disabled vehicle or combination of vehicles;
|
|
(11) the tow commences at the initial point of wreck
| | or disablement and terminates at a point where the repairs are actually to occur;
|
|
(12) the permit issued to the tow truck is carried in
| | the tow truck and exhibited on demand by a police officer; and
|
|
(13) the movement shall be valid only on State routes
| | approved by the Department.
|
|
(o) (Blank).
(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of subsection (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development, and whether the proposed route travels less than 5 miles. A load is not required to be dismantled or disassembled for the purposes of subsection (a) if the Secretary of the Department determines there will be no significant negative impact to pavement or structures along the proposed route, the proposed load or vehicle causes no safety hazard to the traveling public, dismantling or disassembling the load does not promote economic development, and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of establishing the divisibility of a load pursuant to subsection (a). Any load determined by the Secretary to be nondivisible shall otherwise comply with the existing size or weight maximums specified in this Chapter.
(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; 102-124, eff. 7-23-21; 102-982, eff. 7-1-23 .)
|
625 ILCS 5/15-302
(625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
Sec. 15-302. Fees for special permits. The Department with respect to
highways under its jurisdiction shall collect a fee from the applicant for
the issuance of a permit to operate or move a vehicle or combination of
vehicles or load as authorized in Section 15-301. The charge for each
permit shall consist of:
1. a service charge for special handling of a permit | | when requested by an applicant;
|
|
2. fees for any dimension, axle weight or gross
| | weight in excess of the maximum size or weight specified in this Chapter; and
|
|
3. additional fees for special investigations as in
| | Section 15-311 and special police escort as in Section 15-312 when required.
|
|
With respect to overweight fees, the charge
shall be sufficient to compensate in part for the cost
of the extra wear and tear on the mileage of highways over which the
load is to be moved. With respect to over-dimension permits, the fee
shall be sufficient to compensate in part for the special privilege of
transporting oversize vehicle or vehicle combination and load and to
compensate in part for the economic loss of operators of vehicles in
regular operation due to inconvenience occasioned by the oversize movements.
Fees to be paid by the applicant are to be at the rates specified in this
Chapter. In determining the fees in Section 15-306 and
paragraph (f) of Section 15-307, all weights shall be
to the next highest 1,000 pounds and all distances shall be determined from
the Illinois Official Highway Map.
For repeated moves of like objects which cannot be dismantled or disassembled
and which are monolithically structured for permanent use in the transported
form, the fees specified in Sections 15-305, 15-306 and 15-307 for other
than the first move shall be reduced by $4 provided the objects are to be
moved from the same origin to the same destination, the number of trips
will not be less than 5, the trips will be completed within 30 days, and
all applications are submitted at one time. Round trip permits shall be
the same as a single trip permit except the fee shall be computed
based upon the total distance traveled, and shall be for the same vehicle,
vehicle combination or like load traveling both directions over the same
route, provided a description including make and model of the equipment
being transported is furnished to the Department. Limited continuous operation permits are to be
valid for a period of 90 days or one year, and shall be for the same
vehicle, vehicle
combination or like load.
(Source: P.A. 100-728, eff. 1-1-19 .)
|
625 ILCS 5/15-303
(625 ILCS 5/15-303) (from Ch. 95 1/2, par. 15-303)
Sec. 15-303.
Transmission Fees.
When special transmission of permits is requested by an
applicant, a service charge in an amount sufficient to defray the cost
shall be charged.
(Source: P.A. 81-199.)
|
625 ILCS 5/15-304
(625 ILCS 5/15-304) (from Ch. 95 1/2, par. 15-304)
Sec. 15-304.
Fees for house trailer combinations, or a unit carrying roof or
floor trusses. Fees for special permits to move a house trailer, oversize
storage building, modular home section, or a unit carrying roof or floor
trusses in combination with a towing vehicle shall be paid by the applicant to
the Department at the following rates:
|
|
|
90 Day |
Annual |
|
|
Limited |
Limited |
|
Single |
Continuous |
Continuous |
|
Trip |
Operation |
Operation |
(a) Maximum overall width of
10 feet or less; maximum
overall height of 14 feet 6
inches or less; or maximum
overall length, including
the towing vehicle, of 70 |
| | |
feet or less: |
|
$100.00 |
$400.00 |
For the first 90 miles |
$12.00 |
| |
From 90 miles to 180 miles |
$15.00 |
| |
From 180 miles to 270 miles |
$18.00 |
| |
For more than 270 miles |
$21.00 |
| |
(b) Maximum overall width of
12 feet or less, plus an additional 2 inch
overhang on each side to
allow for eaves, drip edges or
guttering that is at least 9 feet
above the surface of the pavement;
maximum overall height of 14 feet
6 inches or less; or maximum
overall length, including the
towing vehicle, of 115 feet |
| | |
or less: |
|
$150.00 |
$600.00 |
For the first 90 miles |
$15.00 |
| |
From 90 miles to 180 miles |
$20.00 |
| |
From 180 miles to 270 miles |
$25.00 |
| |
For more than 270 miles |
$30.00 |
| |
(c) Maximum overall width of
14 feet or less; maximum
overall height of 15 feet
or less; maximum overall length,
including the towing vehicle,
of 115 feet or less; |
| | |
|
|
90 Day |
Annual |
|
|
Limited |
Limited |
|
Single |
Continuous |
Continuous |
|
Trip |
Operation |
Operation |
|
|
$250.00 |
$1000.00 |
For the first 90 miles |
$25.00 |
| |
From 90 miles to 180 miles |
$30.00 |
| |
From 180 miles to 270 miles |
$35.00 |
| |
For more than 270 miles |
$40.00 |
| |
(d) Maximum overall width of
14 feet 4 inches or less,
maximum overall height of 15 feet or
less; or maximum overall length,
including the towing vehicle, of
115 feet or less: |
| | |
|
|
90 Day |
Annual |
|
|
Limited |
Limited |
|
Single |
Continuous |
Continuous |
|
Trip |
Operation |
Operation |
|
|
$250.00 |
$1000.00 |
For the first 90 miles |
$30.00 |
| |
From 90 miles to 180 miles |
$40.00 |
| |
From 180 miles to 270 miles |
$50.00 |
| |
From 270 miles or more |
$60.00 |
| |
(e) Maximum overall width
of 16 feet or less provided
that a tolerance in width of
up to 3 inches will be allowed
for house trailer combinations;
or maximum overall height of
15 feet or less; or maximum
overall length, including
the towing vehicle of 115 feet
or less: |
| | |
|
|
90 Day |
Annual |
|
|
Limited |
Limited |
|
Single Trip |
Continuous |
Continuous |
|
Only |
Operation |
Operation |
For the first 90 miles |
$30.00 |
$250.00 |
$1000.00 |
From 90 miles to 180 miles |
$40.00 |
| |
From 180 miles to 270 miles |
$50.00 |
| |
From 270 miles or more |
$60.00 |
| |
|
(Source: P.A. 89-219, eff. 1-1-96; 90-148, eff. 7-23-97 .)
|
625 ILCS 5/15-305
(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
Sec. 15-305. Fees for legal weight but overdimension vehicles, combinations,
and loads, other than house trailer combinations.
Fees for special permits to move overdimension vehicles, combinations, and
loads, other than house trailer combinations, shall be paid by the applicant
to the Department at the following rates:
|
|
|
90 Day |
Annual |
|
|
Limited |
Limited |
|
Single |
Continuous |
Continuous |
|
Trip |
Operation |
Operation |
(a) Overall width of 10 feet
or less, overall height of
14 feet 6 inches or less,
and overall length of 70 |
| | |
feet or less |
|
$100.00 |
$400.00 |
For the first 90 miles |
$12.00 |
| |
From 90 miles to 180 miles |
$15.00 |
| |
From 180 miles to 270 miles |
$18.00 |
| |
For more than 270 miles |
$21.00 |
| |
(b) Overall width of 12
feet or less, overall
height of 14 feet 6 inches or
less, and overall length |
| | |
of 85 feet or less |
|
$150.00 |
$600.00 |
For the first 90 miles |
$15.00 |
| |
From 90 miles to 180 miles |
$20.00 |
| |
From 180 miles to 270 miles |
$25.00 |
| |
For more than 270 miles |
$30.00 |
| |
(c) Overall width of 14
feet or less, overall
height of 15 feet or
less, and overall length
of 100 feet or less |
| | |
|
Single Trip |
| |
|
Only |
| |
For the first 90 miles |
$25.00 |
| |
From 90 miles to 180 miles |
$30.00 |
| |
From 180 miles to 270 miles |
$35.00 |
| |
For more than 270 miles |
$40.00 |
| |
(d) Overall width of 18
feet or less (authorized
only under special
conditions and for limited
distances), overall
height of 16 feet or
less, and overall length
of 120 feet or less |
| | |
|
Single Trip |
| |
|
Only |
| |
For the first 90 miles |
$30.00 |
| |
From 90 miles to 180 miles |
$40.00 |
| |
From 180 miles to 270 miles |
$50.00 |
| |
For more than 270 miles |
$60.00 |
| |
(e) Overall width of more
than 18 feet (authorized
only under special conditions
and for limited distances),
overall height more than
16 feet, and overall length
more than 120 feet |
| | |
|
Single Trip |
| |
|
Only |
| |
For the first 90 miles |
$50.00 |
| |
From 90 miles to 180 miles |
$75.00 |
| |
From 180 miles to 270 miles |
$100.00 |
| |
For more than 270 miles |
$125.00 |
| |
|
Permits issued under this Section shall be for a vehicle, or vehicle
combination and load not exceeding legal weights, and, in the case of the
limited continuous operation, shall be for the same vehicle, vehicle
combination, or like load.
Escort requirements shall be as prescribed in the Department's rules and
regulations. Fees for the Illinois State Police vehicle escort, when required, shall
be in addition to the permit fees.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
625 ILCS 5/15-306
(625 ILCS 5/15-306) (from Ch. 95 1/2, par. 15-306)
Sec. 15-306. Fees for Overweight-Axle Loads. Fees for special permits to move legal gross weight vehicles, combinations
of vehicles and loads with overweight-axle loads shall be paid by the applicant
to the Department as follows:
For each overweight single axle or tandem axle group, the flat rate fees
herein scheduled for increments of 45 miles or fraction thereof including
issuance fee predicated upon a 20,000 pound single axle equivalency.
20,000 Pound Single Axle Equivalency Fees
|
Axle weight |
2-Axle |
3-Axle |
|
in excess |
Single Axle |
Tandem |
Tandem |
of legal |
| | |
1-6000 lbs. |
$5 |
$5 |
$5 |
6001-11,000 lbs. |
8 |
7 |
6 |
11,001-17,000 lbs. |
not permitted |
8 |
7 |
17,001-22,000 lbs. |
not permitted |
not permitted |
9 |
22,001-29,000 lbs. |
not permitted |
not permitted |
11 |
|
(Source: P.A. 96-34, eff. 1-1-10 (see Section 60-50 of P.A. 96-37 for effective date of changes made by P.A. 96-34).)
|
625 ILCS 5/15-307
(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
|
Distance |
Rate |
For the first 45 miles |
$10 |
From 45 miles to 90 miles |
12.50 |
From 90 miles to 135 miles |
15.00 |
From 135 miles to 180 miles |
17.50 |
From 180 miles to 225 miles |
20.00 |
For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional |
2.50 |
|
For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | 15 | From 45 miles to 90 miles | 25 | From 90 miles to 135 miles | 35 | From 135 miles to 180 miles | 45 | From 180 miles to 225 miles | 55 | For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional | 10 |
| For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
| For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
| Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15.
(c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
| For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
| Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15.
(d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $12.50 | For each additional 45 miles or portion thereof | 9.00 |
| For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
| Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15.
(e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates:
| Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
| For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
| Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15.
(f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates:
| Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
| For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates:
| Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
| Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111.
All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible.
The following configurations qualify for the quarterly and annual permits:
(1) 3 or more axles, total gross weight of 68,000
| | pounds or less, front tandem or axle 21,000 pounds or less, rear tandem 48,000 pounds or less on 2 or 3 axles, 25,000 pounds or less on single axle;
|
| (2) 4 or more axles, total gross weight of 76,000
| | pounds or less, front tandem 44,000 pounds or less on 2 axles, front axle 20,000 pounds or less, rear tandem 44,000 pounds or less on 2 axles and 23,000 pounds or less on single axle or 48,000 pounds or less on 3 axles, 25,000 pounds or less on single axle;
|
| (3) 5 or more axles, total gross weight of 100,000
| | pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, 25,000 pounds or less on single axle, rear tandem 48,000 pounds or less on 2 axles, 25,000 pounds or less on single axle;
|
| (4) 6 or more axles, total gross weight of 120,000
| | pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, single axle 25,000 pounds or less, or rear tandem 60,000 pounds or less on 3 axles, 21,000 pounds or less on single axles within a tandem.
|
| (Source: P.A. 102-124, eff. 7-23-21.)
|
625 ILCS 5/15-308
(625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
Sec. 15-308. Fees for overweight trucks hauling agricultural commodities.
Fees for special permits for increased axle loads to be used for hauling
agricultural commodities, as defined in subsection (e) of Section 15-301; limited continuous operation permit only, $5 per axle.
(Source: P.A. 93-971, eff. 8-20-04.)
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625 ILCS 5/15-308.1
(625 ILCS 5/15-308.1)
Sec. 15-308.1.
Fees for moving oversize or overweight equipment to the
site of rail derailments. Fees for permits to move oversize or overweight
equipment to the sites of train derailments shall include all
equipment otherwise eligible to obtain single trip permits under normal
situations. The permit shall be valid for a period of one year and can be used
at any time for movement to the site of a train derailment during an
emergency. The amount of the fee shall be $500.
(Source: P.A. 90-273, eff. 7-30-97.)
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625 ILCS 5/15-308.2
(625 ILCS 5/15-308.2)
Sec. 15-308.2. Fees for special permits for tow trucks. The fee for a
special permit to
operate a tow truck pursuant to subsection (n) of Section 15-301 is $50
quarterly and
$200 annually.
(Source: P.A. 100-863, eff. 8-14-18.)
|
625 ILCS 5/15-308.3
(625 ILCS 5/15-308.3)
Sec. 15-308.3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-717, eff. 8-5-16.)
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625 ILCS 5/15-309
(625 ILCS 5/15-309) (from Ch. 95 1/2, par. 15-309)
Sec. 15-309.
Fees for Moves Directly across Highway.
Fees for special permits for vehicles or vehicle combinations
exceeding the legal sizes and weights specified in this Chapter either
empty or hauling material directly across a highway making repeated
moves in the course of industrial operations, for a period of 6 months;
limited continuous operation permit only, $15.
(Source: P.A. 81-199.)
|
625 ILCS 5/15-310
(625 ILCS 5/15-310) (from Ch. 95 1/2, par. 15-310)
Sec. 15-310.
Fees for Buildings and Special Moves.
Fees for special permits for moving buildings or large machines.
(a) When moved on house moving equipment or on own trucks or tracks fees
will be based on maximum overall dimensions, plus engineering investigation
and police escort fees when required; single trip only.
(b) When moved on a vehicle or vehicle combination applicable
overdimension and overweight fees shall apply; single trip only.
(Source: P.A. 76-1586.)
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625 ILCS 5/15-311
(625 ILCS 5/15-311) (from Ch. 95 1/2, par. 15-311)
Sec. 15-311.
Fees for Engineering Inspections or Field Investigations.
Engineering inspections or field investigations will be made
by the Department and the following fees shall be paid by the applicant:
for normal field investigations, or for special engineering
investigations requiring assessment of work to be done on the highway
and final inspection, $40 per hour.
(Source: P.A. 84-566.)
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625 ILCS 5/15-312
(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the
safety of the motoring public, the following fees shall be paid by the
applicant: (1) to the Department of Transportation: $40 per hour | | per vehicle based upon the pre-estimated time of the movement to be agreed upon between the Department and the applicant, with a minimum fee of $80 per vehicle; and
|
| (2) to the Illinois State Police: $75 per hour per
| | State Police vehicle based upon the actual time of the movement, with a minimum fee of $300 per State Police vehicle. The Illinois State Police shall remit the moneys to the State Treasurer, who shall deposit the moneys into the State Police Operations Assistance Fund.
|
|
The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour.
(Source: P.A. 102-505, eff. 8-20-21.)
|
625 ILCS 5/15-313
(625 ILCS 5/15-313) (from Ch. 95 1/2, par. 15-313)
Sec. 15-313.
Supplemental Permit Fee.
The Department shall collect a fee of $5 and other
applicable fees to cover the cost of processing an application for
supplemental special permit. This fee shall be charged for each
supplemental special permit issued. In addition, if the supplemental
permit provides for an increase in size or weight or both over that
specified in the original special permit, additional fees shall be
charged as provided in Sections 15-303 through 15-312 as applicable, to
correct for the increase.
(Source: P.A. 81-199.)
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625 ILCS 5/15-314
(625 ILCS 5/15-314) (from Ch. 95 1/2, par. 15-314)
Sec. 15-314. Payment of fees. The Department shall prescribe the time
and method of payment of all appropriate fees authorized by Section 15-302
through 15-313.
The Department may, at its discretion, establish credit accounts with billing
to be made at intervals not exceeding one month.
Failure to pay invoices in full within a period of 30 days after the billing
date shall be sufficient cause for the Department to withhold issuance of
any further permits or credit to the individual, company, or subsidiary firm.
The Department is authorized to charge a service fee of $3 for a dishonored payment
returned for any reason. All money received by the
Department under the provisions of this Section shall be deposited in
the Road Fund. No refund shall be made to applicant following issuance
of a permit if move is not completed.
(Source: P.A. 99-324, eff. 1-1-16 .)
|
625 ILCS 5/15-315
(625 ILCS 5/15-315) (from Ch. 95 1/2, par. 15-315)
Sec. 15-315.
Exemptions to requirement of fees.
(a) The requirements as to fees authorized by Sections 15-302 through
15-314 shall not apply to the owner of the vehicle or vehicle combination
if owned by the United States, this State, or any political subdivision of
this State, or any municipality therein.
(b) The provisions of Sections 15-302 through 15-314 requiring fees for
a permit shall not modify, alter or in any manner affect either the
provisions of Section 15-301, or the policy of the
Department adopted for the administration of this Chapter.
(Source: P.A. 83-831 .)
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625 ILCS 5/15-316
(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may restrict right to use highways.
(a) Except as provided in subsection (g), local authorities with
respect to highways under their jurisdiction may by ordinance or resolution
prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such
highway, for a total period of not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar
year, whenever any said highway by reason of deterioration, rain, snow, or
other climate conditions will be seriously damaged or destroyed unless the
use of vehicles thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall not be effective unless and until such signs are erected
and maintained. To be effective, an ordinance or resolution passed to designate a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department.
(c) Local authorities with
respect to highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with Section 6-201.22 of the Illinois Highway Code. (d) The Department shall likewise have authority as hereinbefore
granted to local authorities to
determine by resolution and to impose restrictions as to the weight of vehicles
operated upon any highway under the jurisdiction of said department, and such
restrictions shall be effective when signs giving notice thereof are erected
upon the highway or portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this Section, the owner
or driver of the vehicle shall be deemed guilty of a violation and either the
owner or the driver of the vehicle may be prosecuted for the violation. Any
person, firm, or corporation convicted of violating this Section shall be fined
$50 for any weight exceeding the posted limit up to the axle or gross weight
limit allowed a vehicle as provided for in subsections (a) or (b) of Section
15-111 and $75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight limit
ordinance applying to county highways within its corporate limits and is
entitled to the proceeds of any fines collected from the enforcement.
(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank
vehicles
to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit. (Source: P.A. 101-328, eff. 1-1-20 .)
|
625 ILCS 5/15-317
(625 ILCS 5/15-317) (from Ch. 95 1/2, par. 15-317)
Sec. 15-317.
Special weight limitation on elevated structures.
(a) No person shall operate a vehicle or combination of vehicles over a
bridge or other elevated structure constituting a part of a highway with a
gross weight which is greater than the maximum weight permitted by the
Department, when such structure is sign posted as provided in this Section.
(b) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
such structure cannot with safety to itself withstand the weight of
vehicles otherwise permissible under this Chapter the Department shall
determine and declare the maximum weight of vehicles which such structure
can withstand, and shall cause or permit suitable signs stating maximum
weight to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes conclusive evidence
of the maximum weight which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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625 ILCS 5/15-318
(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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625 ILCS 5/15-319
(625 ILCS 5/15-319) (from Ch. 95 1/2, par. 15-319)
Sec. 15-319.
(Repealed).
(Source: P.A. 83-831. Repealed by P.A. 100-728, eff. 1-1-19 .)
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625 ILCS 5/Ch. 16
(625 ILCS 5/Ch. 16 heading)
CHAPTER 16.
ENFORCEMENT, PENALTIES AND DISPOSITION
OF FINES AND FORFEITURES, AND CRIMINAL CASES
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625 ILCS 5/Ch. 16 Art. I
(625 ILCS 5/Ch. 16 Art. I heading)
ARTICLE I.
ENFORCEMENT, PENALTIES AND
DISPOSITION OF FINES AND FORFEITURES
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625 ILCS 5/16-101
(625 ILCS 5/16-101) (from Ch. 95 1/2, par. 16-101)
Sec. 16-101.
Applicability.
The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof.
(Source: P.A. 82-1011.)
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625 ILCS 5/16-102
(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/16-102.5
(625 ILCS 5/16-102.5)
Sec. 16-102.5.
Enforcement by municipality.
(a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3-413 or Section 11-1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3-413 or Section 11-1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413 or
Section 11-1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98; 91-487, eff. 1-1-00.)
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625 ILCS 5/16-103
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation committed.
Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in the warrant. On setting the conditions of pretrial release, the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and conditions of pretrial release, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such acknowledgment by the defendant of his or her receiving the conditions of pretrial release or drivers license to the
court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22 .)
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625 ILCS 5/16-104
(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104.
Penalties.
Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/16-104a
(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. (Repealed). (Source: P.A. 97-931, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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625 ILCS 5/16-104b
(625 ILCS 5/16-104b)
Sec. 16-104b. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-987, eff. 7-1-19.)
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625 ILCS 5/16-104c (625 ILCS 5/16-104c) Sec. 16-104c. (Repealed).
(Source: P.A. 96-625, eff. 1-1-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104d (625 ILCS 5/16-104d) Sec. 16-104d. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104d-1 (625 ILCS 5/16-104d-1) Sec. 16-104d-1. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104e (625 ILCS 5/16-104e) Sec. 16-104e. Minimum penalty for traffic offenses. Unless otherwise disposed of prior to a court appearance in the same matter under Supreme Court Rule 529, a person who, after a court appearance in the same matter, is found guilty of or pleads guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay a fine that may not be waived. Nothing in this Section shall prevent the court from ordering that the fine be paid within a specified period of time or in installments under Section 5-9-1 of the Unified Code of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.) |
625 ILCS 5/16-105
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the | | limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town, or park district, if the violator was arrested by the authorities of the city, village, incorporated town, or park district, provided the police officers and officials of cities, villages, incorporated towns, and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the Illinois State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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2. Except as provided in paragraph 4, for offenses
| | committed upon any highway outside the limits of a city, village, incorporated town, or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund; provided that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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3. Notwithstanding subsections 1 and 2 of this
| | paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be remitted to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
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4. With regard to violations of overweight and
| | overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town, or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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625 ILCS 5/16-105.5
(625 ILCS 5/16-105.5)
Sec. 16-105.5.
Payment to municipality.
All revenues derived from the
issuance of citations for violations of subsection (f) of Section 3-413 of
this Code or a similar local ordinance that are required to be paid to a
municipality under this Code shall be deposited into the general fund of the
municipality.
(Source: P.A. 90-513, eff. 8-22-97.)
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625 ILCS 5/16-106
(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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625 ILCS 5/16-106.3 (625 ILCS 5/16-106.3) Sec. 16-106.3. Erroneous appearance date. In any case alleging a violation of this Code or similar local ordinance which would be chargeable as a misdemeanor, a case shall not be dismissed due to an error by the arresting officer or the clerk of the court, or both, in setting a person's first appearance date, subject to the right of speedy trial provided under Section 103-5 of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-694, eff. 1-1-10.) |
625 ILCS 5/16-106.5
(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to | |
(2) the location where the violation was alleged to
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(3) the name of the person cited for committing the
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court
| | appearance by the person cited for committing the alleged violation.
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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625 ILCS 5/16-107
(625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
Sec. 16-107. Appearance of parent or guardian of minor in certain court
proceedings - Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances.
(b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act:
1) Sections 3-701, 3-702 and 3-703;
2) Sections 4-102, 4-103, 4-104 and 4-105;
3) Section 6-101, subsections (a), (b) and (c) of | | Section 6-104, and Sections 6-113, 6-301, 6-302, 6-303 and 6-304;
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4) Sections 11-203 and 11-204, subsection (b) of
| | Section 11-305, Sections 11-311, 11-312, 11-401, 11-402, 11-403, 11-404, 11-407, 11-409, 11-501, 11-502, 11-503, 11-504, 11-506, subsection (b) of Section 11-601, Sections 11-704, 11-707, 11-1007, 11-1403, 11-1404 and subsection (a) of Section 11-1414.
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(Source: P.A. 95-310, eff. 1-1-08.)
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625 ILCS 5/16-108
(625 ILCS 5/16-108)
Sec. 16-108. Claims of diplomatic immunity.
(a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9-3 or Section 9-3.2 of the
Criminal Code
of 2012 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance.
(b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall:
(1) as soon as practicable contact the U.S. | | Department of State office in order to verify the driver's status and immunity, if any;
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(2) record all relevant information from any driver's
| | license or identification card, including a driver's license or identification card issued by the U.S. Department of State; and
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(3) within 5 workdays after the date of the stop,
| | forward the following to the Secretary of State of Illinois:
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(A) a vehicle crash report, if the driver was
| | involved in a vehicle crash;
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(B) if a citation or charge was issued to the
| | driver, a copy of the citation or charge; and
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(C) if a citation or charge was not issued to the
| | driver, a written report of the incident.
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(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall:
(1) file each vehicle crash report, citation or
| | charge, and incident report received;
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(2) keep convenient records or make suitable
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(A) conviction;
(B) disposition of court supervision for any
| | violation of Section 11-501 of this Code; and
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(C) vehicle crash; and
(3) send a copy of each document and record described
| | in paragraph (2) of this subsection (c) to the Bureau of Diplomatic Security, Office of Foreign Missions, of the U.S. Department of State.
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(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/Ch. 16 Art. II
(625 ILCS 5/Ch. 16 Art. II heading)
ARTICLE II.
PARTIES IN CRIMINAL CASES
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625 ILCS 5/16-201
(625 ILCS 5/16-201) (from Ch. 95 1/2, par. 16-201)
Sec. 16-201.
Parties to a crime.
Every person who commits, attempts to commit, conspires to commit, or
aids, or abets in the commission of any act declared to be a crime, whether
individually or in connection with one or more other persons or as
principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Act is likewise guilty of such offense.
(Source: P.A. 76-1586.)
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625 ILCS 5/16-202
(625 ILCS 5/16-202) (from Ch. 95 1/2, par. 16-202)
Sec. 16-202.
Offenses by persons owning or controlling vehicles.
It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or knowingly to
permit the operation of such vehicle upon a highway in any manner contrary
to law.
(Source: P.A. 76-1586.)
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625 ILCS 5/Ch. 17
(625 ILCS 5/Ch. 17 heading)
CHAPTER 17.
ILLINOIS HIGHWAY SAFETY LAW
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625 ILCS 5/17-101
(625 ILCS 5/17-101) (from Ch. 95 1/2, par. 17-101)
Sec. 17-101.
Powers and duties of governor.
The Governor, in addition to other duties and responsibilities
conferred upon him by the constitution and laws of this State is
empowered to contract and to do all other things necessary in behalf of
this State to secure the full benefits available to this State under the
Federal Highway Safety Act of 1966, as amended, and in so doing, to
cooperate with Federal and State agencies, agencies private and public,
interested organizations, and with individuals, to effectuate the
purposes of that enactment, and any and all subsequent amendments
thereto. The Governor is the official of this State having the ultimate
responsibility for dealing with the Federal Government with respect to
programs and activities pursuant to the National Highway Safety Act of
1966 and any amendments thereto. To that end he shall coordinate the
activities of the Secretary of State and the State Board of Education
and of any and all departments and agencies of this State
and its subdivisions, relating thereto.
(Source: P.A. 81-1508.)
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625 ILCS 5/Ch. 18a
(625 ILCS 5/Ch. 18a heading)
CHAPTER 18a.
ILLINOIS COMMERCIAL RELOCATION
OF TRESPASSING VEHICLES LAW
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625 ILCS 5/Ch. 18a Art. I
(625 ILCS 5/Ch. 18a Art. I heading)
ARTICLE I.
DEFINITIONS, POLICY AND JURISDICTION
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625 ILCS 5/18a-100
(625 ILCS 5/18a-100) (from Ch. 95 1/2, par. 18a-100)
Sec. 18a-100.
Definitions.
As used in this Chapter: (1) "Commercial
vehicle relocator" or "relocator" means any person or entity engaged in the
business of removing trespassing vehicles from private property by means of
towing or otherwise, and thereafter relocating and storing such vehicles;
(2) "Commission" means the Illinois Commerce Commission;
(3) "Operator" means any person who, as an employee of a commercial
vehicle relocator, removes trespassing vehicles from private property by
means of towing or otherwise. This term includes the driver of any
vehicle used in removing a trespassing vehicle from private property, as
well as any person other than the driver who assists in the removal of a
trespassing vehicle from private property;
(4) "Operator's employment permit" means a license issued to an operator
in accordance with Sections 18a-403 or 18a-405 of this Chapter;
(5) "Relocator's license" means a license issued to a commercial vehicle
relocator in accordance with Sections 18a-400 or 18a-401 of this Chapter;
(6) "Dispatcher" means any person who, as an employee or agent of a
commercial vehicle relocator, dispatches vehicles to or from locations from
which operators perform removal activities; and
(7) "Dispatcher's employment permit" means a license issued to a
dispatcher in accordance with Sections 18a-407 or 18a-408 of this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-101
(625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
Sec. 18a-101.
Declaration of policy and delegation of jurisdiction.
It
is hereby declared to be the policy of the State of Illinois to supervise
and regulate the commercial removal of trespassing vehicles from private
property, and the subsequent relocation and storage of such vehicles in
such manner as to fairly distribute rights and responsibilities among vehicle
owners, private property owners and commercial vehicle relocators, and for
this purpose the power and authority to administer and to enforce the provisions
of this Chapter shall be vested in the Illinois Commerce Commission.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-102
(625 ILCS 5/18a-102) (from Ch. 95 1/2, par. 18a-102)
Sec. 18a-102.
Local regulation.
Nothing contained in this
Chapter shall be construed to infringe upon the right of
non-home rule units of local government to regulate the
commercial relocation of vehicles in a manner consistent with,
or in addition to, State or federal laws or regulations. Nothing
in this Chapter shall constitute a limitation on the authority of
any home rule unit; however, the provisions of this Chapter shall
remain in full force and effect in home rule units notwithstanding
any applicable ordinances of home rule units.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-103
(625 ILCS 5/18a-103) (from Ch. 95 1/2, par. 18a-103)
Sec. 18a-103.
Review.
A person aggrieved by an order of the Commission
under this Chapter is entitled, in addition to any other remedy, to a
review thereof by the Circuit Court in accordance with the Administrative
Review Law, as amended.
(Source: P.A. 82-783.)
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625 ILCS 5/18a-104
(625 ILCS 5/18a-104) (from Ch. 95 1/2, par. 18a-104)
Sec. 18a-104.
Towing performed pursuant to police order.
Nothing contained
in this Chapter shall be construed to regulate or otherwise affect towing
performed by any relocator pursuant to the order of a law enforcement official
or agency in accordance with Sections 4-201 through 4-214 of the Illinois Vehicle Code.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-105
(625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
Sec. 18a-105. Exemptions. This Chapter shall not apply to the
relocation of motorcycles.
Such relocation shall be governed by the provisions of Section 4-203
of this Code.
(Source: P.A. 95-407, eff. 1-1-08; 95-562, eff. 7-1-08.)
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625 ILCS 5/Ch. 18a Art. II
(625 ILCS 5/Ch. 18a Art. II heading)
ARTICLE II.
DUTIES AND POWERS
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625 ILCS 5/18a-200
(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The Commission shall:
(1) Regulate commercial vehicle relocators and their employees or agents in
accordance with this Chapter and to that end may establish reasonable
requirements with respect to proper service and practices relating
thereto;
(2) Require the maintenance of uniform systems of accounts, records
and the preservation thereof;
(3) Require that all drivers and other personnel used in relocation be
employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the exercise of
powers conferred upon it by this Chapter, and reasonable rules governing
investigations, hearings and proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or removal of trespassing
vehicles from private property. The rates shall not exceed the mean average of
the 5 highest rates for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of this Code and that
are of record at hearing; provided that the Commission shall not re-calculate
the maximum specified herein if the order containing the previous calculation
was entered within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in excess of 24
hours, of the vehicles in connection with the towing or removal; however,
no relocator shall impose charges for storage for the first 24 hours
after towing or removal. Set reasonable rates for other services provided
by relocators, provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a
relocator for the use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total amount that shall
not exceed the maximum reasonable rate established by the Commission. The
Commission shall require a relocator to refund any amount charged in excess
of the reasonable rate established by the Commission, including any fee for
the use of a credit card;
(7) Investigate and maintain current files of the criminal records,
if any, of all relocators and their employees and of all applicants for
relocator's license, operator's licenses and dispatcher's licenses. If the
Commission determines that an applicant for a license issued
under this Chapter will be subjected to a criminal history records
check, the applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record
information databases now and hereafter filed. The Illinois State Police
shall charge the applicant a
fee
for conducting the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish pursuant to
positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment permits, and
operator's employment permits in accordance with Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking relocator
licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any
person, organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator, operator, dispatcher,
or person otherwise required to comply with any provision of this Chapter
or any rule promulgated hereunder, has failed to comply with any
provision or rule;
(11) Whenever the Commission receives notice from the Secretary of State
that any domestic or foreign corporation regulated under this Chapter has
not paid a franchise tax, license fee or penalty required under the Business
Corporation Act of 1983, institute proceedings
for the revocation of the license or right to engage in any business
required under this Chapter or the suspension thereof until such time as
the delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/18a-201
(625 ILCS 5/18a-201) (from Ch. 95 1/2, par. 18a-201)
Sec. 18a-201.
Additional officers and employees.
The Commission, for
the purpose of more effectively carrying out the provisions of this Chapter,
shall obtain pursuant to the provisions of the "Personnel Code" such officers
and employees as it may deem necessary to carry out the provisions of this
Chapter or to perform the duties and exercise the powers conferred by law
upon the Commission.
(Source: P.A. 80-1459.)
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625 ILCS 5/Ch. 18a Art. III
(625 ILCS 5/Ch. 18a Art. III heading)
ARTICLE III.
REQUIREMENTS AND PROHIBITIONS
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625 ILCS 5/18a-300
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful practices. It
shall be unlawful for any commercial vehicle relocator:
(1) To operate in any county in which this Chapter is | | applicable without a valid, current relocator's license as provided in Article IV of this Chapter;
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(2) To employ as an operator, or otherwise so use the
| | services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current operator's employment permit, or temporary operator's employment permit issued in accordance with Sections 18a-403 or 18a-405 of this Chapter; or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;
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(3) To employ as a dispatcher, or otherwise so use
| | the services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current dispatcher's or operator's employment permit or temporary dispatcher's or operator's employment permit issued in accordance with Sections 18a-403 or 18a-407 of this Chapter; or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;
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(4) To operate upon the highways of this State any
| | vehicle used in connection with any commercial vehicle relocation service unless:
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(A) There is painted or firmly affixed to the
| | vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address and telephone number of the relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles and shall waive the requirements of the address on any vehicle in cases where the operator of a vehicle has painted or otherwise firmly affixed to the vehicle a seal or trade mark that clearly identifies the operator of the vehicle; and
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(B) There is carried in the power unit of the
| | vehicle a certified copy of the currently effective relocator's license and operator's employment permit. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of his relocator's license and operator's employment permit may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the license was issued by the Commission, but was subsequently lost or destroyed;
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(5) To operate upon the highways of this State any
| | vehicle used in connection with any commercial vehicle relocation service that bears the name or address and telephone number of any person or entity other than the relocator by which it is owned or to which it is leased;
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(6) To advertise in any newspaper, book, list,
| | classified directory or other publication unless there is contained in the advertisement the license number of the relocator;
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(7) To remove any vehicle from private property
| | without having first obtained the written authorization of the property owner or other person in lawful possession or control of the property, his authorized agent, or an authorized law enforcement officer. The authorization may be on a contractual basis covering a period of time or limited to a specific removal;
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(8) To charge the private property owner, who
| | requested that an unauthorized vehicle be removed from his property, with the costs of removing the vehicle contrary to any terms that may be a part of the contract between the property owner and the commercial relocator. Nothing in this paragraph shall prevent a relocator from assessing, collecting, or receiving from the property owner, lessee, or their agents any fee prescribed by the Commission;
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(9) To remove a vehicle when the owner or operator of
| | the vehicle is present or arrives at the vehicle location at any time prior to the completion of removal, and is willing and able to remove the vehicle immediately, except for vehicles that require a commercial driver's license to operate. Vehicles that require a commercial driver's license to operate shall be disconnected from the tow truck and the owner or operator shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate of the towing service per tow vehicle on the scene and up to a maximum of 2 tow vehicles as provided in paragraph 6 of subsection (f) of Section 4-203 of this Code, for which a receipt shall be given;
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(10) To remove any vehicle from property on which
| | signs are required and on which there are not posted appropriate signs under Section 18a-302;
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(11) To fail to notify law enforcement authorities in
| | the jurisdiction in which the trespassing vehicle was removed within one hour of the removal. Notification shall include a complete description of the vehicle, registration numbers if possible, the locations from which and to which the vehicle was removed, the time of removal, and any other information required by regulation, statute or ordinance;
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(12) To impose any charge other than in accordance
| | with the rates set by the Commission as provided in paragraph (6) of Section 18a-200 of this Chapter;
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(13) To fail, in the office or location at which
| | relocated vehicles are routinely returned to their owners, to prominently post the name, address and telephone number of the nearest office of the Commission to which inquiries or complaints may be sent;
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(13.1) To fail to distribute to each owner or
| | operator of a relocated vehicle, in written form as prescribed by Commission rule or regulation, the relevant statutes, regulations and ordinances governing commercial vehicle relocators, including, in at least 12 point boldface type, the name, address and telephone number of the nearest office of the Commission to which inquiries or complaints may be sent;
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(13.2) To fail, in the office or location at which
| | relocated vehicles are routinely returned to their owners, to ensure that the relocator's representative provides suitable evidence of his or her identity to the owners of relocated vehicles upon request;
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| (14) To remove any vehicle, otherwise in accordance
| | with this Chapter, more than 15 air miles from its location when towed from a location in an unincorporated area of a county or more than 10 air miles from its location when towed from any other location;
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(15) To fail to make a telephone number available to
| | the police department of any municipality in which a relocator operates at which the relocator or an employee of the relocator may be contacted at any time during the hours in which the relocator is engaged in the towing of vehicles, or advertised as engaged in the towing of vehicles, for the purpose of effectuating the release of a towed vehicle; or to fail to include the telephone number in any advertisement of the relocator's services published or otherwise appearing on or after the effective date of this amendatory Act; or to fail to have an employee available at any time on the premises owned or controlled by the relocator for the purposes of arranging for the immediate release of the vehicle.
|
|
Apart from any other penalty or liability authorized
| | under this Act, if after a reasonable effort, the owner of the vehicle is unable to make telephone contact with the relocator for a period of one hour from his initial attempt during any time period in which the relocator is required to respond at the number, all fees for towing, storage, or otherwise are to be waived. Proof of 3 attempted phone calls to the number provided to the police department by an officer or employee of the department on behalf of the vehicle owner within the space of one hour, at least 2 of which are separated by 45 minutes, shall be deemed sufficient proof of the owner's reasonable effort to make contact with the vehicle relocator. Failure of the relocator to respond to the phone calls is not a criminal violation of this Chapter;
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|
(16) To use equipment which the relocator does not
| | own, except in compliance with Section 18a-306 of this Chapter and Commission regulations. No equipment can be leased to more than one relocator at any time. Equipment leases shall be filed with the Commission. If equipment is leased to one relocator, it cannot thereafter be leased to another relocator until a written cancellation of lease is properly filed with the Commission;
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(17) To use drivers or other personnel who are not
| | employees or contractors of the relocator;
|
|
(18) To fail to refund any amount charged in excess
| | of the reasonable rate established by the Commission;
|
|
(19) To violate any other provision of this Chapter,
| | or of Commission regulations or orders adopted under this Chapter;
|
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(20) To engage in the removal of a commercial motor
| | vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway without authorization by a law enforcement officer.
|
| (Source: P.A. 99-438, eff. 1-1-16 .)
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625 ILCS 5/18a-301
(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
Sec. 18a-301. Commercial vehicle relocators - Security requirements.
Every commercial vehicle relocator shall file with the Commission and have
in effect an indemnity bond or insurance policy or certificates of bonds
or insurance in lieu thereof which shall indemnify or insure the relocator
for its liability: (1) for injury to person, in an amount not less than
$100,000 to any one person and $300,000 for any one crash; (2) in case
of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one crash; and (3) in case of damage to any
vehicle relocated or stored by the relocator, in an amount not less than
$15,000 per vehicle. Any such bond or policy shall be issued by a bonding
or insurance firm authorized to do business as such in
the State of Illinois.
All certificates or indemnity bonds or insurance filed with the Commission
must show the coverage effective continuously until cancelled, and the Commission
may require such evidence of continued validity as it deems necessary.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/18a-302
(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
Sec. 18a-302.
Owner or other person in lawful possession or control
of private property - Right to employ relocation service. It shall be
unlawful for an owner or other person in lawful possession or control of
private property to remove or employ a commercial relocator to remove an
unauthorized vehicle from such property unless written notice is
provided to the effect that such vehicles will be removed, including the
name, address and telephone number of the appropriate commercial vehicle
relocator, if any. Such notice shall consist of a sign, posted in a conspicuous
place in the affected area, of a size at least 24 inches in height by 36
inches in width. Such sign shall be at least 4 feet from the ground but
less than 8 feet from the ground and shall be either illuminated or painted
with reflective paint, or both. Such sign shall state the amount of towing
charges to which the person parking may be subject.
This provision shall not be construed as prohibiting any unit
of local government from imposing additional or greater notice
requirements.
No express notice shall be required under this Section upon
residential property which, paying due regard to the circumstances and
the surrounding area, is clearly reserved or intended exclusively for
the use or occupation of residents or their vehicles.
(Source: P.A. 81-332.)
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625 ILCS 5/18a-303
(625 ILCS 5/18a-303) (from Ch. 95 1/2, par. 18a-303)
Sec. 18a-303.
Civil and Criminal liability.
Nothing in this Chapter shall
be construed to limit or alter the vehicle owner's civil or criminal liability
for trespass. Nothing in this Chapter shall be construed to limit or alter
the civil or criminal liability of any person or entity for any
act or omission. All penalties accruing under this Law shall be cumulative
of each other and a suit for recovery of one penalty shall not bar or affect
the recovery of another penalty.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-304
(625 ILCS 5/18a-304) (from Ch. 95 1/2, par. 18a-304)
Sec. 18a-304.
Operators - Unlawful Practices.
It shall be unlawful for any operator:
(1) To act as an operator without a valid, current operator's employment permit.
(2) To violate any other provision of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-305
(625 ILCS 5/18a-305) (from Ch. 95 1/2, par. 18a-305)
Sec. 18a-305.
Aiding and abetting.
It shall be unlawful for any
person to aid or abet in any violation of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-306
(625 ILCS 5/18a-306) (from Ch. 95 1/2, par. 18a-306)
Sec. 18a-306.
Equipment Leasing.
Provisions in Section 18c-4103 of
the Illinois Commercial Transportation Law, as amended, shall likewise
govern equipment leasing by relocators except to the extent as otherwise
provided in this Law.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-307
(625 ILCS 5/18a-307) (from Ch. 95 1/2, par. 18a-307)
Sec. 18a-307.
Enforcement.
Provisions in Article VII of subchapter 1
of the Illinois Commercial Transportation Law, governing
enforcement of the Illinois Commercial Transportation Law, shall likewise
govern the enforcement of this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/Ch. 18a Art. IV
(625 ILCS 5/Ch. 18a Art. IV heading)
ARTICLE IV.
LICENSES
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625 ILCS 5/18a-400
(625 ILCS 5/18a-400) (from Ch. 95 1/2, par. 18a-400)
Sec. 18a-400.
Relocator's licenses - Applications, original determinations.
(a) Each application for a license to operate as a commercial vehicle relocator
shall be made in writing to the Commission, shall be verified under oath, shall be in
such form and contain such information as the Commission may by regulation
require, and shall be accompanied by the required application fee and
proof of security.
(b) Upon the filing of such application, the Commission shall, within
a reasonable time, fix a time and place for public hearing thereon. At least
10 days before the hearing, the Commission shall notify the applicant and
all parties of record to such proceeding of the time and place of such
hearing, by mailing a notice thereof to each such party to the address
of such party shown in the records of such proceeding. Any person having
an interest in the subject matter may appear at the hearing in support of
or in objection to the application.
(c) The applicant shall publish a notice on a form prescribed by the Commission
covering the filing of such application at least 10 days prior to the time
of the initial hearing in (i) the official newspaper selected by the Department
of Finance of the State of Illinois pursuant to Section 4 of the Illinois
Purchasing Act, and (ii) a secular newspaper of general
circulation and published in the county in the State of Illinois, wherein
the applicant or applicants propose to maintain their principal office and
place of business within the State of Illinois. The Commission may by regulation
or otherwise order applicants to give such further notice as it deems required.
The Commission may give additional notice of the filing of such application
as it may deem reasonable and proper as prescribed in its rules. The Director
of the Department of Finance of the State of Illinois for the purposes hereof
shall over his or her signature as such Director annually and immediately
upon selecting the official newspaper certify to the Illinois Commerce
Commission
the name and address of said newspaper, together with the date of expiration
of the period of one year for which said newspaper was so selected and the
Commission shall filemark each such certification as of the date it receives
the same and shall keep an official file of said certifications of said
Director conveniently available at its office in Springfield, Illinois;
provided, however, that in any and all events and for all purposes of this
Section and this Chapter, should the aforesaid Director for any reason fail
to make said certification annually, the newspaper set forth in the
certification
aforesaid of said Director filemarked by the Commission as of the most recent
date shall be the official newspaper in which publication is required hereby.
In case publication is required hereby in a newspaper published in a particular
county and no newspaper is so published, then and in that case publication
shall be made in a newspaper published in the closest county thereto which
meets the circulation requirements of this Section.
(d) The Commission shall issue a relocator's license to any qualified
applicant therefor after hearing, pursuant to an application filed, if it
is found that the applicant is fit, willing and able properly to perform
the service proposed and to conform to provisions of this Chapter and the requirements,
rules and regulations of the Commission thereunder; otherwise such application
shall be denied. The order of the Commission granting or denying a relocator's
license shall set forth the specific findings of fact on which such order
is based. Notwithstanding any other provision of this Chapter no such license
shall be issued to any person who has failed to pay any registration fee
or any tax due from such person to the State of Illinois for the privilege
of operating any motor vehicle on the public highways in the State of Illinois.
(e) Operation over the public highways of this State conducted pursuant
to a relocator's license shall be in conformity with all of the laws of
this State pertaining to motor vehicle operation over such public highways.
(f) No relocator's license shall confer
any proprietary or property rights in the use of the public highways.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-401
(625 ILCS 5/18a-401) (from Ch. 95 1/2, par. 18a-401)
Sec. 18a-401.
Relocator's licenses - Expiration and renewal.
All relocator's
licenses shall expire 2 years from the date of issuance by the Commission.
The Commission may temporarily extend the duration of a license for the
pendency of a renewal application until formally approved or denied.
Upon filing, no earlier than
90 days nor later than 45 days prior to such expiration,
of written application for renewal, verified under oath, in such form and
containing such information as the Commission shall by regulation require,
and accompanied by the required application fee and proof of security, the
Commission shall, unless it has received information of cause not to do
so, renew the license. If the Commission has information of cause not to
renew such license, it shall so notify the applicant, and shall hold a hearing
as provided for in Section 18a-400. The Commission may at any time during
the term of the license make inquiry into the management, conduct of business,
or otherwise to determine that the provisions of this Chapter 18A and the
regulations of the Commission promulgated thereunder are being observed.
(Source: P.A. 82-616.)
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625 ILCS 5/18a-402
(625 ILCS 5/18a-402) (from Ch. 95 1/2, par. 18a-402)
Sec. 18a-402.
Relocator's license - Transfer.
A relocator's license is
not transferable.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-403
(625 ILCS 5/18a-403) (from Ch. 95 1/2, par. 18a-403)
Sec. 18a-403.
Operator's or dispatcher's employment permits -
Applications, original determinations. (1) Each application for an
operator's or dispatcher's employment permit shall be made in writing to
the Commission, shall be acknowledged before a notary public, shall be in
such form and shall contain such information as the Commission may by
regulation require, and shall be accompanied by the required application
fee and proof, in a form prescribed by the Commission, that the operator
applicant has a valid driver's license issued by the Secretary of State.
(2) Upon the filing of such application, the Commission shall conduct
an investigation of the criminal record, if any, of the applicant. The
Commission shall, within 3 working days, issue to any new
applicant for an employment permit a provisional operator's or
dispatcher's employment permit unless the Commission finds that the
applicant has committed an offense for which the permit could be revoked
under Section 18a-404 of this Chapter.
This provisional employment permit shall be valid for
a period of 1 year unless suspended or revoked by order of the Commission.
At the end of 1 year, the provisional permit shall automatically become
permanent unless the permit was revoked by order of the Commission during
the preceding year. The permanent permit shall remain valid unless
suspended or revoked by order of the Commission under this law.
(3) The permit shall identify the operator or dispatcher by
name and address, and shall identify the relocator by which the operator or
dispatcher will be employed by name, address and relocator's permit
number. The permit shall be valid only when the operator or dispatcher is
employed by the relocator identified thereon.
Operation over the public highways of this State conducted pursuant
to an operator's license issued under the provisions of this Section shall
be in conformity with all the laws of this State pertaining to motor vehicle
operation over such public highways.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-404
(625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
Sec. 18a-404. Operator's and dispatcher's employment permits -
Revocation. (1) The Commission shall suspend or revoke the permit of
an operator if it finds that:
(a) The operator or dispatcher made a false statement | | on the application for an operator's or dispatcher's employment permit;
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(b) The operator's or dispatcher's driver's license
| | issued by the Secretary of State has been suspended or revoked;
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(c) The operator or dispatcher has been convicted,
| | during the preceding 5 years, of any criminal offense of the State of Illinois or any other jurisdiction involving any of the following, and the holder does not make a compelling showing that he is nevertheless fit to hold an operator's license:
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| (i) Bodily injury or attempt to inflict bodily
| |
(ii) Theft of property or attempted theft of
| |
(iii) Sexual assault or attempted sexual assault
| |
(d) The operator or dispatcher has, during the
| | preceding 5 years, violated this Chapter, Commission regulations or orders, or any other law affecting public safety, and the holder does not make a compelling showing that he or she is nevertheless fit to hold an operator's license.
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| (2) The Commission, upon notification and verification of any conviction
described in this Section, of any person to whom license has been issued,
occurring within the 5 years prior to such issuance or any time thereafter,
shall immediately suspend the employment permit of such person, and
issue an order setting forth the grounds for revocation. The person and
his employer shall be notified of such suspension. Such person shall not
thereafter be employed by a relocator until a final order is issued by the
Commission either reinstating the employment permit, upon a finding that
the reinstatement of an employment permit to the person constitutes no
threat to the public safety, or revoking the employment permit.
(3) If the employment permit is revoked, the
person shall not thereafter be employed by a relocator until he obtains an
employment permit license under Article IV of this Chapter.
(Source: P.A. 94-895, eff. 1-1-07; 95-331, eff. 8-21-07.)
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625 ILCS 5/18a-405
(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration and renewal.
All operator's employment permits shall expire 2 years from the date of
issuance by the Commission. The Commission may temporarily extend the
duration of an employment permit for the pendency of a renewal application
until formally approved or denied. Upon filing, no earlier than 90 nor
later than 45 days prior to such expiration, of written application for
renewal, acknowledged before a notary public, in such form and containing
such information as the Commission shall by regulation require, and
accompanied by the required fee and proof of possession of a valid driver's
license issued by the Secretary of State, the Commission shall, unless it
has received information of cause not to do so, renew the applicant's
operator's employment permit. If the Commission does not renew such
employment permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the employment
permit make inquiry into the conduct of the permittee to determine that the
provisions of this Chapter 18A and the regulations of the Commission
promulgated thereunder are being adhered to.
(Source: P.A. 97-813, eff. 7-13-12.)
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625 ILCS 5/18a-406
(625 ILCS 5/18a-406) (from Ch. 95 1/2, par. 18a-406)
Sec. 18a-406.
Operator's employment permits - Transfer.
An operator's
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-407
(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits,
expiration and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
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625 ILCS 5/18a-408
(625 ILCS 5/18a-408) (from Ch. 95 1/2, par. 18a-408)
Sec. 18a-408.
Dispatcher's employment permit - Transfer.
A dispatcher's
employment permit is not transferable to another dispatcher or to another
relocator.
(Source: P.A. 85-923.)
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625 ILCS 5/Ch. 18a Art. V
(625 ILCS 5/Ch. 18a Art. V heading)
ARTICLE V.
RATES AND CHARGES - LIENS
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625 ILCS 5/18a-500
(625 ILCS 5/18a-500) (from Ch. 95 1/2, par. 18a-500)
Sec. 18a-500.
Posting of rates.
Every commercial vehicle relocator shall
print and keep open
to the public, all authorized rates and charges for towing, otherwise moving,
and storing vehicles in connection with removal of unauthorized vehicles
from private property. Such rates and charges shall
be clearly stated in terms of lawful money of the United States, and shall
be posted in such form and manner, and shall contain such information as
the Commission shall by regulation prescribe.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-501
(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
Sec. 18a-501.
Liens against relocated vehicles.
Unauthorized vehicles
removed and stored by a commercial vehicle relocator in compliance with
this Chapter shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of
Section 1 of that Act relating to notice and implied consent shall be deemed
satisfied by compliance with Section 18a-302 and item (10)
of Section 18a-300. In no event shall such lien be greater than the rate
or rates established in accordance with item (6) of Section 18a-200. In no event
shall such lien be increased or altered to reflect any charge for services
or materials rendered in addition to those authorized by this Act. Every
such lien shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed credit card
receipt, a relocator shall become a holder in due course, and neither the
holder of the credit card nor the company which issued the credit card may
thereafter refuse to remit payment in the amount shown on the credit card
receipt minus the ordinary charge assessed by the credit card company for
processing the charge. The Commission may adopt regulations governing
acceptance of credit cards by a relocator.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/Ch. 18a Art. VI
(625 ILCS 5/Ch. 18a Art. VI heading)
ARTICLE VI.
FEES
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625 ILCS 5/18a-600
(625 ILCS 5/18a-600) (from Ch. 95 1/2, par. 18a-600)
Sec. 18a-600.
Relocator's license.
Each application for a license to
operate as a commercial vehicle relocator, or for a renewal of such
license, shall be accompanied by a filing fee in the amount provided or
prescribed by the Commission.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-601
(625 ILCS 5/18a-601) (from Ch. 95 1/2, par. 18a-601)
Sec. 18a-601.
Operator's or dispatcher's employment permit.
Each
application for dispatcher's or an operator's employment permit shall be
accompanied by a filing fee in the amount provided or prescribed by the
Commission. Each application for renewal of an operator's or dispatcher's
employment permit shall be accompanied by a filing fee in the amount
provided herein or prescribed by the Commission.
(Source: P.A. 85-1209.)
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625 ILCS 5/18a-602
(625 ILCS 5/18a-602) (from Ch. 95 1/2, par. 18a-602)
Sec. 18a-602.
Establishment and Adjustment of Fees.
(1) General Provisions. The Commission may exercise any and all powers
with respect to establishment and adjustment of fees with respect to
commercial vehicle relocators which it may exercise with respect to motor
carriers under subsections (2), (3) and (4) of Section 18c-1501
of the Illinois Commercial Transportation Law.
(2) Initial fees. The Commission shall set initial fees by rulemaking
in accordance with Section 5-50 of the Illinois Administrative
Procedure Act. Initial fees shall be set and take effect within 60 days after
December 1, 1987. Such fees shall remain in effect until adjusted by the
Commission in accordance with subsection (1) of this Section.
(Source: P.A. 88-45.)
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625 ILCS 5/18a-603
(625 ILCS 5/18a-603) (from Ch. 95 1/2, par. 18a-603)
Sec. 18a-603.
Disposition of funds.
All fees and fines collected
by the Commission under this Chapter shall be paid into the Transportation
Regulatory Fund in the State Treasury. The money in that fund shall be
used to defray the expenses of the administration of this Chapter and for
the purposes specified in Section 18c-1601 of this Code.
(Source: P.A. 85-923.)
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625 ILCS 5/Ch. 18a Art. VII
(625 ILCS 5/Ch. 18a Art. VII heading)
ARTICLE VII.
COUNTIES COVERED
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625 ILCS 5/18a-700
(625 ILCS 5/18a-700) (from Ch. 95 1/2, par. 18a-700)
Sec. 18a-700.
Counties covered.
(a) The provisions of this Chapter
apply to all the activities of relocators and operators in any counties
of 1,000,000 or more and in any county of less than 1,000,000 which adopts
regulation under this Chapter as provided in this Section.
(b) Any operation of a relocator or operator involving the removal or
storage of a given vehicle which takes place in any part in a regulated
county shall subject all the activities of the relocator and operator
involving that vehicle to regulation under this Chapter, except operations
which take place entirely within the territory of a city, village or
incorporated town excluded from this Chapter under paragraph (d).
(c) Any county of under 1,000,000 may elect to be covered under this
Chapter by the adoption of a resolution by the County Board, approved by a
majority of its members, providing that the county shall be subject to this
Chapter. The county clerk shall certify to the Commission that the County
Board has adopted the resolution. The Commission shall certify to such
County Board an effective date for the applicability of this Chapter in
such county. Such effective date shall be no earlier than 30 days from
certification to the County Board nor later than 6 months from such
certification or the beginning of the next fiscal year, whichever is last.
(d) Cities, villages and incorporated towns in counties to which the
provisions of this Chapter apply may, by resolution adopted by a majority
of the members of the corporate authorities and filed with the County Clerk
of such county and with the Illinois Commerce Commission, choose to be
excluded from the provisions of this Chapter. Upon the filing of such
resolution, the provisions of this Chapter shall not be applicable to
operations of relocators or operators which take place entirely within the
territory of such city, village or incorporated town.
(Source: P.A. 86-492.)
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625 ILCS 5/Ch. 18B
(625 ILCS 5/Ch. 18B heading)
CHAPTER 18B.
MOTOR CARRIER SAFETY REGULATIONS
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625 ILCS 5/Ch. 18B Art. I
(625 ILCS 5/Ch. 18B Art. I heading)
ARTICLE I.
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
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625 ILCS 5/18b-100
(625 ILCS 5/18b-100) (from Ch. 95 1/2, par. 18b-100)
Sec. 18b-100.
Short Title.
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86-611.)
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625 ILCS 5/18b-101
(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter: "Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and: (1) is operated by a farm or ranch owner or operator, | | or an employee or family member of the farm or ranch owner or operator; and
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| (2) is being used to transport the following to or
| | (A) agricultural commodities;
(B) livestock; or
(C) machinery or supplies; and
(3) if registered in this State, is:
(A) registered as a farm truck under subsection
| | (c) of Section 3-815 of this Code; or
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| (B) operated in combination as an articulated
| | vehicle when the truck in the combination is registered for 12,000 lbs. or less as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code and contains in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code and the trailer in the combination is registered as a farm trailer under subsection (a) of Section 3-819 of this Code and displays a farm registration license plate; or
|
| (C) a truck registered for 12,000 lbs. or less as
| | a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code containing in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code that is towing an implement of husbandry as part of a farming operation; and
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| (4) is not used in for-hire motor carrier operations;
| | however, for-hire motor carrier operations do not include the operation of a vehicle meeting the definition of a covered farm vehicle by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement; and
|
| (5) has a gross vehicle weight rating (GVWR), a gross
| | combination weight rating (GCWR), or a gross vehicle weight or gross vehicle combination weight, whichever is greater, that is:
|
| (A) 26,001 lbs. or less, for vehicles operating
| | in interstate commerce; or
|
| (B) greater than 26,001 lbs., operating in
| | interstate commerce and registered in this State; or
|
| (C) greater than 26,001 lbs. and traveling
| | interstate within 150 air miles of the farm or ranch for which the vehicle is being operated, regardless of whether it is registered in this State; or
|
| (D) greater than 10,000 lbs. and traveling
| | "Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.
"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year.
"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
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625 ILCS 5/18b-102
(625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
Sec. 18b-102.
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
training activities.
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/18b-103
(625 ILCS 5/18b-103) (from Ch. 95 1/2, par. 18b-103)
Sec. 18b-103.
Compliance with this Chapter.
Transportation by motor
vehicle of persons or property in commerce that is not in compliance with
this Chapter or any rules and regulations issued under this Act is prohibited.
(Source: P.A. 86-611.)
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625 ILCS 5/18b-103.1
(625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
Sec. 18b-103.1.
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
misdemeanor offense.
(Source: P.A. 87-768; 88-476.)
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625 ILCS 5/18b-104
(625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
Sec. 18b-104.
Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.
(Source: P.A. 86-611.)
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625 ILCS 5/18b-105
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs; Part 380 - Special Training Requirements; Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties; Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles | | manufactured before June 30, 1972.
|
|
(2) Section 393.86 of Part 393 for those vehicles
| | registered as farm trucks under subsection (c) of Section 3-815 of this Code.
|
|
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations
| | as defined in Section 18b-101 of this Chapter at any time of the year and all farm to market agricultural transportation as defined in Chapter 1 and for grain hauling operations within a radius of 200 air miles of the normal work reporting location.
|
|
(7) Paragraphs (b)(3) (insulin dependent diabetic)
| | and (b)(10) (minimum visual acuity) of Section 391.41 of part 391, but only for any driver who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to this Section and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of Part 391 by reason of the application of paragraphs (b)(3) and (b)(10) of Section 391.41 with respect to a physical condition existing at that time unless such driver has a record of crashes which would indicate a lack of ability to operate a motor vehicle in a safe manner.
|
|
(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
status.
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23 .)
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625 ILCS 5/18b-106
(625 ILCS 5/18b-106) (from Ch. 95 1/2, par. 18b-106)
Sec. 18b-106.
Application of Chapter and Regulations.
Except as
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.
(Source: P.A. 86-611; 87-829.)
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625 ILCS 5/18b-106.1
(625 ILCS 5/18b-106.1)
Sec. 18b-106.1.
Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
shall
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
(Source: P.A. 92-108, eff. 1-1-02.)
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625 ILCS 5/18b-106.2 (625 ILCS 5/18b-106.2) Sec. 18b-106.2. Hours of service; utility service interruption emergencies. (a) As used in this Section: "Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code. "Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code. "Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5. "Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service. "Utility service vehicle" has the meaning set forth in 49 CFR 395.2. (b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency. (c) A utility service interruption emergency continues until: (1) the necessary maintenance or repair work is | | (2) personnel used to perform necessary maintenance
| | or repair work have returned to their respective normal work routines.
|
| (d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she:
(1) is the holder of a commercial driver's license;
(2) is:
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
of a utility service provider in an employment capacity
| | in which the commercial driver's license is used; and
|
| (3) operates a commercial motor vehicle as a utility
| | service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency.
|
| (e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less.
(f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94-1, eff. 5-23-05.)
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625 ILCS 5/18b-107
(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties. Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
railroad-highway
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
may require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
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625 ILCS 5/18b-108
(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General. (d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/18b-109
(625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
Sec. 18b-109.
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
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625 ILCS 5/18b-110
(625 ILCS 5/18b-110) (from Ch. 95 1/2, par. 18b-110)
Sec. 18b-110.
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
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625 ILCS 5/18b-111
(625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
Sec. 18b-111.
Review Under Administrative Review Law.
All
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
hereafter amended.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/18b-112
(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(1) If as a result of a roadside inspection by the | | Illinois State Police, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
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|
(2) A rebuttable presumption exists that the
| | following defects were present at the time of the interchange:
|
|
(A) There is a defect with the brake drum
when:
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
brakes when:
(I) there is no movement of any
components;
(II) there are missing, broken, or loose
| |
(III) there are mismatched components.
(C) There is a defect with the air lines and
| |
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
| |
(D) There is a defect with the reservoir tank
| | when there is any separation of original attachment points.
|
|
(E) There is a defect with the frames
when:
(I) there is any cracked, loose, sagging, or
| | broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
|
|
(II) there is any condition which causes
| | moving parts to come in contact with the frame.
|
|
(F) There is an electrical defect when wires are
| |
(G) There is a defect with the wheel assembly
| |
(I) there is low or no oil;
(II) there is oil leakage on brake
| |
(III) there are lug nuts that are loose or
| |
(IV) the wheel bearings are not properly
| |
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
| |
(III) there are exposed plys or belting
| |
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
| | except a manufactured crack; or
|
|
(II) there is a lock or side ring cracked,
| | bent, broken, sprung, improperly seated, or mismatched.
|
|
(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves broken,
| | missing, or separated; or
|
|
(II) there are spring hanger, u-bolts, or
| | axle positioning components cracked, broken loose, or missing.
|
|
(K) There is a defect with the chassis locking
| | pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.
|
|
(3) If an operator receives a citation for a
| | violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:
|
|
(A) fines and costs, including court costs and
| | reasonable attorneys fees, incurred as a result of the citation; and
|
|
(B) costs incurred by the operator to repair the
| | defects specified in the citation, including any towing costs incurred.
|
|
The equipment provider shall reimburse the operator
| | within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.
|
|
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/Ch. 18C
(625 ILCS 5/Ch. 18C heading)
CHAPTER 18C.
ILLINOIS COMMERCIAL TRANSPORTATION LAW
|
625 ILCS 5/Ch. 18C Sub-ch. 1
(625 ILCS 5/Ch. 18C Sub-ch. 1 heading)
SUB-CHAPTER 1.
GENERAL PROVISIONS
|
625 ILCS 5/Ch 18C Sub 1 Art I
(625 ILCS 5/Ch 18C Sub 1 Art I heading)
ARTICLE I.
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
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625 ILCS 5/18c-1101
(625 ILCS 5/18c-1101) (from Ch. 95 1/2, par. 18c-1101)
Sec. 18c-1101.
Short Title.
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1102
(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102.
Legislative Intent.
The General Assembly finds that:
(a) a comprehensive recodification of existing | | transportation regulatory statutes is needed to delete obsolete provisions and facilitate a coordinated approach to regulation of motor carriers, rail carriers, and brokers;
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(b) the accelerating pace of change in the
| | transportation industry, as an outgrowth of changing economic conditions and federal legislation, necessitates the streamlining of regulatory procedures to allow for prompt action to protect the interests of the people of the State of Illinois; and
|
|
(c) an increasing incidence of unlawful activity by
| | unlicensed carriers and others has rendered existing enforcement mechanisms inadequate.
|
|
Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/18c-1103
(625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
Sec. 18c-1103.
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1104
(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation | | (where applicable), transportation, break-bulk (where applicable), and distribution of such property from the point of receipt to the point of delivery; and
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(b) Utilizes, for the transportation of such
| | property, the services of one or more motor carriers or rail carriers.
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(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used
| | in a dwelling when a part of the equipment or supply of such dwelling; except that this subdivision (13.1) shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder;
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(B) Furniture, fixtures, equipment, and the property
| | of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments; except that this subdivision (13.1) shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the moving of the establishment, or a portion thereof, from one location to another; and
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(C) Articles, including, but not limited to, objects
| | of art, displays, and exhibits, which, because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods; except that this subdivision (13.1) shall not be construed to include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.
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(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of
| | wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of Chapter 18a of this Code, and other than transportation exempted by Section 18c-4102; and
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(b) For-hire towing of wheeled property other than
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(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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625 ILCS 5/Ch 18C Sub 1 Art II
(625 ILCS 5/Ch 18C Sub 1 Art II heading)
ARTICLE II.
JURISDICTION AND POWER
OF THE COMMISSION
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625 ILCS 5/18c-1201
(625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
Sec. 18c-1201.
Jurisdiction.
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
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625 ILCS 5/18c-1202
(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202.
Enumeration of Powers.
The Commission shall have the power
to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
standards;
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
agreement;
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-1203
(625 ILCS 5/18c-1203) (from Ch. 95 1/2, par. 18c-1203)
Sec. 18c-1203.
Initial Decisions.
(1) Delegation of Authority.
(a) General Delegation. The power to make an initial | | decision in all matters under this Chapter and Chapter 18a which are interlocutory or which are not the subject of an active controversy between parties, except in motor carrier of property licensing cases and cases assigned for hearing, is delegated to one or more staff members who shall be designated by the Commission.
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(b) Delegation to Examiners. The power to make
| | initial decisions shall be vested in the examiner, in all cases assigned for hearing, except in household goods carrier licensing cases.
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(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
effective and
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-1204
(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204.
Transportation Division.
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
the Commission.
(a) The Compliance Program.
(i) The Compliance Program shall consist of a | | police staff, a rate auditing staff, and a civil penalties staff. These staffs shall be headed by a Chief of Police, a Supervisor of Tariffs and Audits, and a Supervisor of Civil Penalties, respectively.
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(ii) The police staff shall be divided into
| | districts with a field office in each district. Each district shall be headed by a working supervisor responsible to the Chief of Police. All staff responsibility for enforcement of this Chapter, except with regard to rail safety, shall be vested in the Compliance Program.
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(b) The Review and Examination Program.
(i) Staff responsibility for review of all
| | nonhearing matters under this Chapter and Chapter 18a and examination of all matters assigned for hearing under this Chapter and Chapter 18a shall be vested in the Review and Examination Program, except as otherwise provided in Section 18c-1204b.
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(ii) Hearing examiners in the program shall have
| | responsibility for developing a full, complete and impartial record on all issues to be decided in a proceeding; recommending disposition of the issues or making an initial decision on them, as provided in this Chapter; and setting forth in writing the basis for their recommendations or initial decisions. The program director shall be the chief hearing examiner for matters under this Chapter and Chapter 18a with responsibility to insure consistency of recommendations and initial decisions.
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(c) The Processing and Docketing Program. All staff
| | responsibility for docketing and processing filings, accounting of receipts and expenditures, issuing, file maintenance and other processing functions under this Chapter and Chapter 18a shall be vested in the Processing Program.
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(d) The Rail Safety Program. Staff responsibility for
| | administration and enforcement of the rail safety provisions of this Chapter shall be vested in the Rail Safety Program.
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(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for
| | provision of legal services in connection with any matter under this Chapter, excepting any matter under subchapters 7 and 8 of this Chapter, or in connection with any matter under Chapter 18a shall, except with regard to functions vested in the review and examination program under paragraph (b) of this subsection, be vested exclusively in the Office of Transportation Counsel.
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(ii) The Office of Transportation Counsel shall,
| | when directed through the division manager to do so, represent the Commission or Commission staff in administrative or judicial proceedings and render staff advisory opinions to the executive director and the Commission.
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(f) Levels of Administration. No additional levels
| | of administration, supervision or authority shall be superimposed, or remain superimposed, between levels prescribed under this Section, and no organizational units may be created within the Transportation Division except as prescribed under this Section.
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(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
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625 ILCS 5/18c-1204a
(625 ILCS 5/18c-1204a) (from Ch. 95 1/2, par. 18c-1204a)
Sec. 18c-1204a.
Docketing Procedures.
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
the proceeding.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-1204b
(625 ILCS 5/18c-1204b) (from Ch. 95 1/2, par. 18c-1204b)
Sec. 18c-1204b.
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-1204c
(625 ILCS 5/18c-1204c) (from Ch. 95 1/2, par. 18c-1204c)
Sec. 18c-1204c.
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
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625 ILCS 5/18c-1204d
(625 ILCS 5/18c-1204d) (from Ch. 95 1/2, par. 18c-1204d)
Sec. 18c-1204d.
Staff participation.
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
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625 ILCS 5/18c-1204e
(625 ILCS 5/18c-1204e) (from Ch. 95 1/2, par. 18c-1204e)
Sec. 18c-1204e.
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
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625 ILCS 5/18c-1205
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education | | requirements, applicable to State troopers, and training requirements at least equivalent to that received from a police training school approved by the Illinois Law Enforcement Training Standards Board, together with such additional qualifications as are needed under this Chapter, for all nonclerical field operations personnel;
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(b) Successful completion of an accredited accounting
| | or transportation-related education program, or at least 4 years experience in motor carrier rate analysis or auditing, plus such additional qualifications as are needed under this Chapter, for all nonclerical rate auditing personnel; and
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(c) Successful completion of an accredited legal or
| | paralegal education program, or equivalent administrative law experience, plus such additional qualifications as are needed under this Chapter, for all nonclerical civil penalties program personnel.
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(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
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625 ILCS 5/Ch 18C Sub 1 Art III
(625 ILCS 5/Ch 18C Sub 1 Art III heading)
ARTICLE III.
EMPLOYEE BOARDS
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625 ILCS 5/18c-1301
(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1302
(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
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625 ILCS 5/18c-1303
(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1304
(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
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625 ILCS 5/Ch 18C Sub 1 Art IV
(625 ILCS 5/Ch 18C Sub 1 Art IV heading)
ARTICLE IV.
MODIFICATION OF STANDARDS
AND PROCEDURES
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625 ILCS 5/18c-1401
(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1402
(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 1 Art V
(625 ILCS 5/Ch 18C Sub 1 Art V heading)
ARTICLE V.
FEES AND TAXES
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625 ILCS 5/18c-1501
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for | | each motor vehicle operated by a motor carrier of property in intrastate commerce, and $2 for each motor vehicle operated by a motor carrier of property in interstate commerce.
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(b) Filing fees: $100 for each application seeking a
| | Commission license or other authority, the reinstatement of a cancelled license or authority, or authority to establish a rate, other than by special permission, excluding both released rate applications and rate filings which may be investigated or suspended but which require no prior authorization for filing; $25 for each released rate application and each application to register as an interstate carrier; $15 for each application seeking special permission in regard to rates; and $15 for each equipment lease.
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(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a
| | household goods carrier in intrastate commerce;
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(a-5) $15 for each motor vehicle operated by a public
| | carrier in intrastate commerce; and
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(b) $7 for each motor vehicle operated by a motor
| | carrier of property in interstate commerce.
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(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
| | Commission may prescribe fees for the late filing of proof of insurance, operating reports, franchise or franchise renewal fee applications, or other documents required to be filed on a periodic basis with the Commission.
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(b) Late-filing Fees to Accrue Automatically.
| | Late-filing fees shall accrue automatically from the filing deadline set forth in Commission regulations, and all persons or entities required to make such filings shall be on notice of such deadlines.
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(c) Maximum Fees. Late-filing fees prescribed by the
| | Commission shall not exceed $100 for an initial period, plus $10 for each day after the expiration of the initial period. The Commission may provide for waiver of all or part of late-filing fees accrued under this subsection on a showing of good cause.
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(d) Effect of Failure to Make Timely Filings and Pay
| | Late-Filing Fees. Failure of a person to file proof of continuous insurance coverage or to make other periodic filings required under Commission regulations shall make licenses and registrations held by the person subject to revocation or suspension. The licenses or registrations cannot thereafter be returned to good standing until after payment of all late-filing fees accrued and not waived under this subsection.
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(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
| | and franchise renewal fees for motor carriers of property shall be due and payable on or before the 31st day of December of the calendar year preceding the calendar year for which the fees are owing, unless otherwise provided in Commission regulations.
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(b) Filing and Other Fees. Filing and other fees
| | (including late-filing fees) shall be due and payable on the date of filing, or on such other date as is set forth in Commission regulations.
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(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce
| | Commission is accompanied by any fee as required by law and such application is refused or rejected, said fee shall be returned to said applicant.
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(b) The Illinois Commerce Commission may reduce by
| | interlineation the amount of any personal check or corporate check or company check drawn on the account of and delivered by any person for payment of a fee required by the Illinois Commerce Commission.
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(c) Any check altered pursuant to above shall be
| | endorsed by the Illinois Commerce Commission as follows: "This check is warranted to subsequent holders and to the drawee to be in the amount $ ."
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(d) All applications to the Illinois Commerce
| | Commission requiring fee payment upon reprinting shall contain the following authorization statement: "My signature authorizes the Illinois Commerce Commission to lower the amount of check if fee submitted exceeds correct amount."
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(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1502
(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
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625 ILCS 5/18c-1502.05
(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1502.10
(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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625 ILCS 5/18c-1503
(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09 .)
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625 ILCS 5/18c-1504
(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1505
(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 1 Art VI
(625 ILCS 5/Ch 18C Sub 1 Art VI heading)
ARTICLE VI.
TRANSPORTATION REGULATORY FUND
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625 ILCS 5/18c-1601
(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers | | engaged in nonrelocation towing);
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(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
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625 ILCS 5/18c-1602
(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-1603
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation | | Regulatory Fund. All expenses of the Transportation Division shall be allocated to the Transportation Regulatory Fund, provided that they were:
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(i) Incurred by and for staff employed within the
| | Transportation Division and accountable, directly or through a program director or staff supervisor, to the Transportation Division manager;
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(ii) Incurred exclusively in the administration
| | and enforcement of this Chapter and Chapter 18a; and
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(iii) Authorized by the Transportation Division
| |
(b) Expenses Partially Allocated to the
| | Transportation Regulatory Fund. A portion of expenses for the following persons and activities may be allocated to the Transportation Regulatory Fund:
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(i) The Executive Director, his deputies and
| | personal assistants, and their clerical support;
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(ii) The legislative liaison activities of the
| | Office of Legislative Affairs, its constituent elements and successors;
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(iii) The activities of the Bureau of Planning
| | and Operations on the effective date of this amendatory Act of the 94th General Assembly, exclusive of the Chief Clerk's office;
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(iv) The payroll expenses of Commissioners'
| |
(v) The internal auditor;
(vi) The in-state travel expenses of the
| | Commissioners to and from the offices of the Commission; and
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(vii) The Public Affairs Group, its constituent
| | elements, and its successors.
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| (c) Allocation Methodology for Expenses Other Than
| | Commissioners' Assistants. The portion of total expenses (other than commissioners' assistants' expenses) allocated to the Transportation Regulatory Fund under paragraph (b) of this subsection shall be the portion of staff time spent exclusively on administration and enforcement of this Chapter and Chapter 18a, as shown by a time study updated at least once each 6 months.
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(d) (Blank).
(e) Allocation methodology for Commissioners'
| | Assistants Expenses. Five percent of the payroll expenses of commissioners' assistants may be allocated to the Transportation Regulatory Fund.
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(f) Expenses not allocable to the Transportation
| | Regulatory Fund. No expenses shall be allocated to or paid from the Transportation Regulatory Fund except as expressly authorized in paragraphs (a) through (e) of this subsection. In particular, no expenses shall be allocated to the Fund which were incurred by or in relation to the following persons and activities:
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(i) Commissioners' travel, except as otherwise
| | provided in paragraphs (b) and (c) of this subsection;
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(ii) Commissioners' assistants except as
| | otherwise provided in paragraphs (b) and (e) of this subsection;
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(iii) The Policy Analysis and Research Division,
| | its constituent elements and successors;
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(iv) The Chief Clerk's office, its constituent
| |
(v) The Hearing Examiners Division, its
| | constituent elements and successors, and any hearing examiners or hearings conducted, in whole or in part, outside the Transportation Division;
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(vi) (Blank);
(vii) The Office of General Counsel, its
| | constituent elements and successors, including but not limited to the Office of Public Utility Counsel and any legal staff in the office of the executive director, but not including the personal assistant serving as staff counsel to the executive director as provided in Section 18c-1204(2) and the Office of Transportation Counsel; and
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(viii) Any other expenses or portion thereof not
| | expressly authorized in this subsection to be allocated to the Fund.
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The constituent elements of the foregoing shall, for
| | purposes of this Section be their constituent elements on the effective date of this amendatory Act of 1987.
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(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
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625 ILCS 5/18c-1604
(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation | | Regulatory Fund, showing the total and subtotals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
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(2) All expenditures from the Transportation
| | Regulatory Fund, showing the total and the sub-totals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
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(3) A listing and description by function of all
| | staff positions actually funded, in whole or in part, at any time during the fiscal year, from the Transportation Regulatory Fund; and
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(4) The methods used to allocate expenses between the
| | Transportation Regulatory Fund and other funds, and between classes within the Transportation Regulatory Fund.
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(Source: P.A. 94-839, eff. 6-6-06.)
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625 ILCS 5/Ch 18C Sub 1 Art VII
(625 ILCS 5/Ch 18C Sub 1 Art VII heading)
ARTICLE VII.
VIOLATIONS OF THE LAW
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625 ILCS 5/18c-1701
(625 ILCS 5/18c-1701) (from Ch. 95 1/2, par. 18c-1701)
Sec. 18c-1701.
Violations Defined.
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1702
(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be the duty of the Commission and of the Illinois State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/18c-1703
(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-1704
(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a | | reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations.
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(b) Presumption of Reasonableness. Such stipulations
| | shall be presumed reasonable. Unless the terms of a stipulation exceed such parameters as the Commission may establish, this presumption is rebuttable only by evidence of record at hearing.
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(c) Parameters. Parameters for settlement shall be
| | based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations. Minimum settlement amounts may be established.
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(d) Orders. Orders suspending proposed settlements
| | shall cite reasons for suspension which are specific to the case. Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence which supports such findings.
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(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as
| | Sanctions. Violation of this Chapter by a motor carrier of property or passengers shall, in addition to other sanctions provided herein, subject the violator to suspension or revocation of any or all Commission licenses and registrations. The Commission may impose the sanctions of suspension and revocation. Where the violation is failure of a motor carrier of property or passengers to have in effect and file proof of continuous insurance coverage in accordance with this Chapter, Commission regulations and orders, the license or registration or both may be suspended by telephonic or telegraphic directive, confirmed by certified or registered mail or personal service, pending final disposition of revocation proceedings.
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(b) Suspension Pending Adjudication. Where the
| | violation is failure of a motor carrier of property to pay a franchise or franchise renewal fee, the license or registration or both may be suspended by certified or registered mail or personally served directive, pending final disposition of revocation proceedings.
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(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice
| | upon all persons who have failed to pay a franchise tax, license fee, or penalty required under the Business Corporation Act of 1983, or who have failed to comply with this Chapter, Commission regulations and orders, regarding the filing of proof of continuous insurance or bond coverage, the payment of periodic fees, the filing of periodic reports, the payment of civil penalties, or the filing of rates to the full extent of a carrier's authority. The notice shall advise such person of the apparent violations and state that, unless the Commission receives a written request for hearing or extension of time within 30 days from the date the notice is served, the person's license or registration will be revoked by operation of law without further action by the Commission.
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(ii) Extensions of Time. The Commission may grant
| | one extension of time not exceeding 60 days where the extension will not endanger the public.
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(iii) Request for Hearing. If a timely written
| | request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.
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(iv) Revocation by Operation of Law. If, at the
| | expiration of the applicable time period, the person has not complied with the pertinent requirements, and a written request for hearing has not been received, the person will be deemed to have waived hearing and the license or registration shall be revoked by operation of law without further action by the Commission as if the Commission has served an order on the date following expiration revoking the license or registration.
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(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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625 ILCS 5/18c-1705
(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The | | Transportation Division Manager or his designee shall have the power to negotiate and sign proposed settlements of enforcement proceedings by written stipulation.
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(ii) Review and Acceptance of Stipulations. The
| | Commission shall provide for any appropriate and necessary review of proposed settlements within 30 days after a stipulation is signed by the parties. Unless a stipulation is suspended for review by order of the Commission served within 30 calendar days after it was signed by the parties, it shall be deemed accepted by operation of law. A stipulation which has been suspended for review shall likewise be deemed accepted by operation of law unless it is rejected by order of the Commission served within 45 days after it was suspended. A stipulation which is deemed accepted under this sub-paragraph shall become effective and shall be enforceable in the same manner as an order of the Commission.
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(iii) Administrative Appeal of Settlements.
| | Administrative appeal of a stipulation which has been approved by order of the Commission or by operation of law shall be by motion for rehearing or reconsideration in accordance with Section 18c-2110 of this Chapter. The right to administratively appeal a settlement may be waived by written stipulation.
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(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/Ch 18C Sb 1 Art VIII
(625 ILCS 5/Ch 18C Sb 1 Art VIII heading)
ARTICLE VIII.
SERVICE OF NOTICES,
ORDERS AND PROCESS
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625 ILCS 5/18c-1801
(625 ILCS 5/18c-1801) (from Ch. 95 1/2, par. 18c-1801)
Sec. 18c-1801.
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-1802
(625 ILCS 5/18c-1802) (from Ch. 95 1/2, par. 18c-1802)
Sec. 18c-1802.
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch. 18C Sub-ch. 2
(625 ILCS 5/Ch. 18C Sub-ch. 2 heading)
SUB-CHAPTER 2.
PROCEEDINGS BEFORE THE
COMMISSION AND THE COURTS
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625 ILCS 5/Ch 18C Sub 2 Art I
(625 ILCS 5/Ch 18C Sub 2 Art I heading)
ARTICLE I.
ADMINISTRATIVE PROCEEDINGS
BEFORE THE COMMISSION
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625 ILCS 5/18c-2101
(625 ILCS 5/18c-2101) (from Ch. 95 1/2, par. 18c-2101)
Sec. 18c-2101.
Hearings in household goods carrier licensing cases.
(1) Hearing required. The Commission shall issue orders in household goods
carrier licensing cases only after notice and hearing in
accordance with
the rules of practice applicable to proceedings under this Chapter.
(2) Hearing not required. Hearing shall be required in household goods
carrier licensing cases, except as provided in Sections 18c-2107 and
18c-4306 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-2102
(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(a) Was not opposed in a timely pleading addressed to | |
(b) Was opposed in a timely pleading, but such
| | opposition was later withdrawn or the parties in opposition waived further hearing and taking of evidence;
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(c) Was taken on an emergency temporary or interim
| | basis in accordance with Section 18c-2108 of this Chapter; or
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(d) Is interlocutory in nature.
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
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625 ILCS 5/18c-2103
(625 ILCS 5/18c-2103) (from Ch. 95 1/2, par. 18c-2103)
Sec. 18c-2103.
Rules of Practice.
(1) General Provisions.
The Commission shall adopt General and Special rules of
practice to govern administrative proceedings under this Chapter.
Such rules shall be designed to effectuate the purposes of
this Chapter. Rules of practice heretofore issued by the Commission shall
be the rules of practice applicable under this Chapter unless changed,
repealed, or supplemented by the Commission.
(2) Verification of Pleadings.
Unless otherwise expressly provided therein, the signature on
any pleading, document, or other paper filed with the
Commission on which a verification or oath is required under
applicable statutes or regulations shall constitute the
verification or oath of the signatory and no further
verification or oath shall be required. False verification
or oath shall be a violation of this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2104
(625 ILCS 5/18c-2104) (from Ch. 95 1/2, par. 18c-2104)
Sec. 18c-2104.
Rules of Evidence.
The rules of evidence which apply in civil cases before the
circuit courts of this State shall, except as otherwise provided
herein, apply to proceedings before the Commission under this Chapter.
Evidence not admissible under the rules of evidence
applicable in civil courts may be admitted if it is of a type commonly
relied upon by prudent persons in the conduct of their affairs.
Objections must be made at hearing to preserve them on appeal.
Evidence may be received orally or in writing.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2105
(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2106
(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity | | shall be deemed to have an administratively cognizable interest in a proceeding in which an application for a new, amended, or extended intrastate license is under consideration only if:
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(i) The person possesses a license authorizing
| | all or part of the service for which authority is sought, such license is in good standing, and the person has transported or actively solicited traffic or both within the scope of the application during the 12 month period immediately preceding initiation of the proceeding;
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(ii) The proceeding involves an application for a
| | household goods carrier license and the person is an organization representing employees of a household goods carrier; or
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| (iii) The entity is a municipality or other
| | political subdivision operating an airport that is a point to be served for the license under consideration.
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(b) Rate Proceedings. A person shall be deemed to
| | have an administratively cognizable interest in a proceeding in which new or amended rates are under consideration only if the person is:
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(i) A carrier authorized to transport traffic
| | such as would be subject to or affected by the rates;
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(ii) A shipper or receiver of traffic such as
| | would be subject to or affected by the rates;
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(iii) An association of two or more carriers,
| | acting at the request of and on behalf of one or more carriers authorized to transport traffic such as would be subject to or affected by the rates; or an association of two or more shippers or receivers acting at the request of and on behalf of one or more shippers or receivers of such traffic; or
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(iv) An organization representing employees of a
| |
(c) Proceedings to Transfer a License. A person shall
| | be deemed to have an administratively cognizable interest in a proceeding to transfer an intrastate license only if the person:
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(i) Has an ownership interest in or control of
| | the license which is the subject of the proceeding;
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(ii) Would, if the proposed transfer is approved,
| | acquire ownership or control of the license which is the subject of the proceeding;
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(iii) Possesses a license authorizing all or part
| | of the service authorized by the license sought to be transferred, such license is in good standing, and the person or entity has transported or actively solicited traffic within the scope of the license sought to be transported during the 12 months period immediately preceding initiation of the proceeding;
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(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of
| | a household goods carrier; or
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| (vi) Is a municipality or other political
| | subdivision operating an airport that is a point to be served for the license under consideration.
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(d) Complaint and Enforcement Proceedings. A person
| | shall be deemed to have an administratively cognizable interest in a complaint proceeding if the person:
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(i) Has an ownership interest in or control of
| | the license which is the subject of the proceeding;
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(ii) Would be directly and adversely affected by
| | failure to grant relief sought in the complaint or enforcement action and such adverse effect is contrary to the purposes of this Chapter; or
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(iii) Is an organization representing employees
| | of a household goods carrier of property.
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(e) All Proceedings. Notwithstanding the provisions
| | of subsections (2)(a) through (2)(d) of this Section, a person shall be deemed to have an administratively cognizable interest in a proceeding other than a complaint proceeding if the person:
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(i) Filed the pleading pursuant to which the
| | proceeding was initiated; or
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(ii) Is an organization representing employees of
| | a household goods carrier.
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(Source: P.A. 94-499, eff. 1-1-06.)
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625 ILCS 5/18c-2107
(625 ILCS 5/18c-2107) (from Ch. 95 1/2, par. 18c-2107)
Sec. 18c-2107.
Orders in household goods carrier authority proceedings.
(1) Emergency Proceedings Orders. The Commission may, on request, and upon
a finding that urgent and immediate public need requires emergency
temporary action, issue orders granting emergency temporary relief in
household goods carrier authority proceedings. The Commission shall promptly
post notice of any such request at a prominent location at the Commission
offices in Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and shall remain in
effect pending notice and hearing in accordance with subsection (1) of
Section 18c-2101 of this Chapter, but shall not remain in effect for a
period exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be entitled, on
request, to an oral hearing on the request for emergency temporary relief.
The filing or granting of a request for an oral hearing shall not, unless
the Commission so provides, stay
the issuance or effect of any emergency temporary order under this subsection.
(2) Interim orders. The Commission may, on request, issue interim orders
for temporary authority in household goods carrier authority proceedings
making temporary disposition of issues in a proceeding after notice and
review of verified supporting statements. Such orders shall remain in
effect pending final disposition in accordance with Section 18c-2101 of
this Chapter unless otherwise provided in the interim order or the interim
order is modified or rescinded by the Commission. Any person in opposition
to such relief shall be entitled, on request, to an oral hearing on the
request for temporary relief. The filing or granting of such a request for
an oral hearing shall not, unless the Commission so provides, stay the
issuance or effect of any interim order under this subsection. A request
for oral hearing on a request for interim relief shall, unless otherwise
specified by the party making the request for oral hearing, be construed as
a request for oral hearing on the application for permanent relief as well.
(3) Final Orders. Final orders shall be issued in household
goods carrier of
property authority proceedings only after an oral hearing.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-2108
(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/18c-2109
(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-2110
(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
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625 ILCS 5/Ch 18C Sub 2 Art II
(625 ILCS 5/Ch 18C Sub 2 Art II heading)
ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
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625 ILCS 5/18c-2201
(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
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625 ILCS 5/18c-2202
(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2203
(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2204
(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2205
(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-2206
(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 2 Art III
(625 ILCS 5/Ch 18C Sub 2 Art III heading)
ARTICLE III.
ADMINISTRATIVE AND JUDICIAL
ENFORCEMENT PROCEEDINGS
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625 ILCS 5/18c-2301
(625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
Sec. 18c-2301.
Initiation of Proceedings.
The Commission may initiate
either administrative or judicial proceedings, or both, to enforce provisions
of this Chapter, and Commission regulations and orders.
In addition, any interested
person may apply to a circuit court, which has jurisdiction and venue
as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4
of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)
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