| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18c-5307
(625 ILCS 5/18c-5307) (from Ch. 95 1/2, par. 18c-5307)
Sec. 18c-5307.
False Statements by Applicant.
Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.
(Source: P.A. 84-1311.)
|
625 ILCS 5/18c-5308
(625 ILCS 5/18c-5308) (from Ch. 95 1/2, par. 18c-5308)
Sec. 18c-5308.
Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.
(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.
(Source: P.A. 84-1311.)
|
625 ILCS 5/18c-5309
(625 ILCS 5/18c-5309) (from Ch. 95 1/2, par. 18c-5309)
Sec. 18c-5309.
Ratemaking.
Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.
(Source: P.A. 84-1311.)
|
625 ILCS 5/18c-5310
(625 ILCS 5/18c-5310) (from Ch. 95 1/2, par. 18c-5310)
Sec. 18c-5310.
Insurance.
(1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.
(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.
(Source: P.A. 84-1311.)
|
625 ILCS 5/Ch. 18C Sub-ch. 6
(625 ILCS 5/Ch. 18C Sub-ch. 6 heading)
SUB-CHAPTER 6.
MOTOR CARRIERS OF PASSENGERS
|
625 ILCS 5/Ch 18C Sub 6 Art I
(625 ILCS 5/Ch 18C Sub 6 Art I heading)
ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PASSENGERS
|
625 ILCS 5/18c-6101
(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.
(Source: P.A. 84-796.)
|
625 ILCS 5/18c-6102
(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102.
Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;
(2) commuter vans as defined in this Code;
(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;
(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;
(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing Arrangements Act;
(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and
(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.
(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
|
625 ILCS 5/18c-6103
(625 ILCS 5/18c-6103) (from Ch. 95 1/2, par. 18c-6103)
Sec. 18c-6103.
Unlawful Operations.
Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:
(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.
(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;
(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or
(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.
(Source: P.A. 84-796.)
|
625 ILCS 5/Ch 18C Sub 6 Art II
(625 ILCS 5/Ch 18C Sub 6 Art II heading)
ARTICLE II.
LICENSING
|
625 ILCS 5/18c-6201
(625 ILCS 5/18c-6201) (from Ch. 95 1/2, par. 18c-6201)
Sec. 18c-6201.
Requirements for issuance of licenses.
(1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:
(a) the value of competition which would result from | | issuance to the travelling public;
|
|
(b) the effect of issuance on motor carrier of
| | passengers service to small communities;
|
|
(c) the effect of issuance on the ability of any
| | other carrier to provide a substantial portion of the passenger service such carrier provides over its entire system, except that diversion of revenue or traffic from a carrier in and of itself shall not be sufficient to support a finding that issuance of the license would impair the ability of the other carrier to provide a substantial portion of the passenger service such carrier provides over its entire system; and
|
|
(d) any other factor relevant to the public interest.
(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.
(Source: P.A. 85-553 .)
|
625 ILCS 5/18c-6202
(625 ILCS 5/18c-6202) (from Ch. 95 1/2, par. 18c-6202)
Sec. 18c-6202.
Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.
(Source: P.A. 85-553.)
|
625 ILCS 5/Ch 18C Sub 6 Art III
(625 ILCS 5/Ch 18C Sub 6 Art III heading)
ARTICLE III.
ADDITION, CHANGE, REDUCTION, OR
DISCONTINUANCE OF SCHEDULED MOTOR BUS SERVICE
|
625 ILCS 5/18c-6301
(625 ILCS 5/18c-6301) (from Ch. 95 1/2, par. 18c-6301)
Sec. 18c-6301.
General Provisions.
No motor common carrier of passengers shall add to, change,
reduce, or discontinue service to any point along a route over
which the carrier is authorized to provide intrastate service,
except in accordance with the provisions of this Article.
(Source: P.A. 85-553.)
|
625 ILCS 5/18c-6302
(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302.
Definitions.
The following terms, when used in this Article,
shall have the hereinafter designated meanings.
(1) "Addition" to service means the institution of new
scheduled service.
(2) "Change" in service means a change in the time or times of
scheduled service which does not constitute a reduction or
discontinuance of service.
(3) "Reduction" of service means any reduction in the level of
scheduled service which does not constitute discontinuance of
the carrier's service.
(4) "Discontinuance" of service means total discontinuance of
service to any point along a route over which the carrier is
authorized to provide service or reduction in the level of
service to any such point to less than one round trip per
weekday (Monday through Friday).
(Source: P.A. 90-655, eff. 7-30-98.)
|
625 ILCS 5/18c-6303
(625 ILCS 5/18c-6303) (from Ch. 95 1/2, par. 18c-6303)
Sec. 18c-6303.
Schedule Changes and Reductions in Service.
Any motor common carrier of passengers may add to, change, or
reduce the level of its service to any point along a route over
which the carrier is authorized to provide service, provided that
the addition, change or reduction does not constitute
discontinuance of service to any point along a route over which the carrier
is authorized to serve, after the carrier has served notice in
accordance with Commission regulations adopted pursuant to this
Article, and without prior authorization.
(Source: P.A. 84-796.)
|
625 ILCS 5/18c-6304
(625 ILCS 5/18c-6304) (from Ch. 95 1/2, par. 18c-6304)
Sec. 18c-6304.
Discontinuances.
No motor common carrier of passengers shall discontinue service
to any point along a route over which the carrier is authorized
to provide service except in accordance with provisions of
Section 18c-6305 of this Chapter.
(Source: P.A. 84-796.)
|
625 ILCS 5/18c-6305
(625 ILCS 5/18c-6305) (from Ch. 95 1/2, par. 18c-6305)
Sec. 18c-6305.
Prior Notice and Petition for Authorization.
(1) Annual and Amended Lists of Points Under Consideration for
Discontinuance.
By March of each calendar year, each motor carrier of
passengers shall submit to the Commission a list of routes and
points which it is authorized to serve which the carrier has
under consideration for discontinuance within the following
12 months. A carrier may amend its list on the
1st day of each subsequent month.
(2) Notice of Intent to Discontinue.
Not less than 30 days after a point appears on a
list of points under consideration for discontinuance, the
carrier may serve on the Commission the carrier's Notice of
Intent to discontinue service. Such notice shall be for the
purpose of alerting the Commission and allowing a period of
time during which alternatives to discontinuance, or
alternative service, may be explored.
(3) Petitions to Discontinue.
Not less than 60 nor more than 90 days after
the filing of a Notice of Intent to discontinue, the carrier
may formally propose discontinuance by filing in accordance
with such requirements as to form and content as the
Commission may prescribe. The Commission may investigate the
proposal, and may suspend the discontinuance pending the
outcome of the investigation for a period not to exceed
90 days from the date the proposal is filed. The
Commission shall determine, after considering the public need
for service, revenues (both those which have been received
and those which might be received, by subsidy or otherwise)
and variable costs associated with the service, and the
availability of reasonable alternative transportation service
whether the public convenience and necessity requires
continuation of the service proposed to be discontinued. If
the Commission determines that the public convenience and
necessity requires continuation, it shall so order;
otherwise, the proceeding shall be dismissed.
(4) Waiver or Notice.
Prior notice requirements under this Section may be waived
for good cause or where the carrier has made substantial
compliance with such prior notice requirements or compliance
is not necessary to effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
|
625 ILCS 5/Ch 18C Sub 6 Art IV
(625 ILCS 5/Ch 18C Sub 6 Art IV heading)
ARTICLE IV.
RATEMAKING
|
625 ILCS 5/18c-6401
(625 ILCS 5/18c-6401) (from Ch. 95 1/2, par. 18c-6401)
Sec. 18c-6401.
Ratemaking.
The Commission may exercise, with respect to rate regulation of
motor carriers of passengers, any and all power which it may
exercise with respect to rate regulation of motor carriers of
property. Motor carriers of passengers shall be in all respects
subject to provisions of this Chapter governing ratemaking for motor
carriers of property, except as provided in 49 U.S. Code
11501(e).
(Source: P.A. 84-796.)
|
625 ILCS 5/Ch 18C Sub 6 Art V
(625 ILCS 5/Ch 18C Sub 6 Art V heading)
ARTICLE V.
SAFETY REQUIREMENTS FOR
MOTOR CARRIERS OF PASSENGERS
|
625 ILCS 5/18c-6501
(625 ILCS 5/18c-6501) (from Ch. 95 1/2, par. 18c-6501)
Sec. 18c-6501.
Hours of Service for Drivers.
No motor carrier of passengers shall operate any vehicle with a
manufacturer's rated seating capacity of more than 8
persons, including the driver, except in compliance with federal
hours of service regulations codified at 49 Code of Federal
Regulations Part 395, Hours of Service of Drivers, as amended.
(Source: P.A. 84-796.)
|
625 ILCS 5/18c-6502
(625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
Sec. 18c-6502. Report and investigation of crashes. (1) Reports.
Every motor carrier of passengers shall report to the
Commission, by the speediest means possible, whether telephone,
telegraph, or otherwise, every crash involving its
equipment which resulted in loss of life to any person. In
addition to reports required to be filed with the Department of
Transportation, under Article IV of Chapter 11 and Chapter 7 of this
Code, such carrier shall file a written report with the
Commission, in accordance with regulations adopted hereunder,
of any crash which results in injury or loss of life to
any employee, or damage to the person or property of any
member of the public. The Commission and the Department of
Transportation may adopt, by
reference, such state or federal reporting requirements as
will effectuate the purposes of this Section and promote
uniformity in bus crash reporting.
(2) Investigations.
The Commission and the Department of Transportation may investigate any
bus crash reported to
it or of which it acquires knowledge independent of reports
made by motor carriers of passengers, and shall have the
power to enter such orders and adopt such regulations as will
minimize the risk of future crashes.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
625 ILCS 5/18c-6503
(625 ILCS 5/18c-6503) (from Ch. 95 1/2, par. 18c-6503)
Sec. 18c-6503.
Insurance.
The provisions of Article IX of Subchapter 4
of this Chapter regarding insurance for motor carriers of property shall
apply to motor carriers of passengers subject to the jurisdiction of the
Commission under this Subchapter as if all references in Article IX were to
motor carriers of passengers.
(Source: P.A. 84-1025.)
|
625 ILCS 5/Ch. 18C Sub-ch. 7
(625 ILCS 5/Ch. 18C Sub-ch. 7 heading)
SUB-CHAPTER 7
RAIL CARRIERS.
|
625 ILCS 5/Ch 18C Sub 7 Art I
(625 ILCS 5/Ch 18C Sub 7 Art I heading)
ARTICLE I.
JURISDICTION OVER RAIL CARRIERS.
|
625 ILCS 5/18c-7101
(625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
Sec. 18c-7101.
Jurisdiction Over Rail Carriers.
The jurisdiction of the
Commission under this Sub-chapter shall be exclusive and shall extend to
all intrastate and interstate rail carrier operations within this State,
except to the extent that its jurisdiction is preempted by valid provisions
of the Staggers Rail Act of 1980 or other valid federal statute, regulation, or
order.
(Source: P.A. 85-406.)
|
625 ILCS 5/Ch 18C Sub 7 Art II
(625 ILCS 5/Ch 18C Sub 7 Art II heading)
ARTICLE II.
REGISTRATION AND SERVICES
OF RAIL CARRIERS
|
625 ILCS 5/18c-7201
(625 ILCS 5/18c-7201) (from Ch. 95 1/2, par. 18c-7201)
Sec. 18c-7201.
Registration as a Rail Carrier.
(1) General Provisions.
Except as provided in subsection (2) of this Section, no
person shall operate as a rail carrier, and no person shall
begin or continue construction of any track or other
facilities, other than the repair or replacement of existing
plant, for use in operations as a rail carrier unless such
person has registered with the Commission as a rail carrier.
(2) Exceptions.
Each rail carrier operating within the State of Illinois on
the effective date of this Chapter shall automatically be deemed,
as of that date, to have registered as a rail carrier for
purposes of this Section. Such constructive registration
shall expire on the 180th day after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796 .)
|
625 ILCS 5/18c-7202
(625 ILCS 5/18c-7202) (from Ch. 95 1/2, par. 18c-7202)
Sec. 18c-7202.
Duties and Obligations of Rail Carriers.
Each rail carrier shall provide adequate service to the public at
reasonable rates and without discrimination.
(Source: P.A. 84-796.)
|
625 ILCS 5/18c-7203
(625 ILCS 5/18c-7203) (from Ch. 95 1/2, par. 18c-7203)
Sec. 18c-7203.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
|
625 ILCS 5/Ch 18C Sub 7 Art III
(625 ILCS 5/Ch 18C Sub 7 Art III heading)
ARTICLE III.
RATEMAKING
|
625 ILCS 5/18c-7301
(625 ILCS 5/18c-7301) (from Ch. 95 1/2, par. 18c-7301)
Sec. 18c-7301.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
|
625 ILCS 5/18c-7302
(625 ILCS 5/18c-7302) (from Ch. 95 1/2, par. 18c-7302)
Sec. 18c-7302.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
|
625 ILCS 5/Ch 18C Sub 7 Art IV
(625 ILCS 5/Ch 18C Sub 7 Art IV heading)
ARTICLE IV.
SAFETY REQUIREMENTS FOR RAIL CARRIERS
|
625 ILCS 5/18c-7401 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety requirements for track, facilities, and
equipment.
(1) General Requirements. Each rail carrier shall, consistent with rules,
orders, and regulations of the Federal Railroad Administration, construct,
maintain, and operate all of its equipment, track, and other property in this
State in such a manner as to pose no undue risk to its employees or the person
or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad Administration
shall be safety standards of the Commission. The Commission may, in addition,
adopt by reference in its regulations other federal railroad safety standards,
whether contained in federal statutes or in regulations adopted pursuant to
such statutes.
(3) Railroad Crossings. No public road, highway, or street shall hereafter
be constructed across the track of any rail carrier at grade, nor shall the
track of any rail carrier be constructed across a public road, highway or
street at grade, without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement of lawfully
existing roads, highways, and tracks.
No public pedestrian bridge or subway shall be constructed across the track
of any rail carrier without having first secured the permission of the
Commission.
The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as it may
prescribe.
The Commission shall have power to determine and prescribe the
manner, including the particular point of crossing, and the terms of
installation, operation, maintenance, use, and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or to
require a
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the parties,
the terms upon which such separations shall be made and the
proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades, having regard
to the benefits, if any, accruing to the rail carrier or any party in
interest,
shall be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county, municipality
or other public authority in interest.
However, a public hearing by the Commission to abolish a crossing shall not
be required
when the public highway authority in interest vacates the highway. In such
instance
the rail carrier, following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and the grade
crossing surface.
The Commission shall also have power by its order to require
the reconstruction, minor alteration, minor relocation, or
improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether such crossing
be at grade
or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary
and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the benefits, if
any, accruing
to the railroad or any party in interest,
between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost
to be so apportioned shall include the cost of changes or
alterations in the equipment of public utilities affected as
well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such
reconstruction, alteration, relocation, or improvement of said
crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written
stipulation in which the Commission, the public highway
authority or other public authority in interest, the rail carrier or
carriers
affected, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and
the subsequent maintenance thereof and the division of costs
of such changes of any grade crossing (including the
necessary highway approaches thereto) of any railroad across
any highway, pedestrian bridge, or pedestrian subway.
The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund. Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate. Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection
shall be as flush with the rails as superelevated curves will
allow, and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of
not more than 5% within the right of way for a distance of
not less the 6 feet on each side of the centerline of such
tracks; provided, that the grades at the approaches may be
maintained in excess of 5% only when authorized by the
Commission.
Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing.
The Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing
signals, crossing
gates illuminated at night, or other protective devices
in
order to promote and safeguard the health and safety of the
public.
Luminous flashing signal or crossing gate
devices installed at grade crossings, which have been approved
by the Commission, shall be deemed adequate and appropriate.
The Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective
devices between the rail carrier or carriers, the public highway
authority or other public authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Transportation.
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems interconnected with
highway traffic control signals, without having first received the approval of
the Commission. The Commission shall have the further power, upon application,
upon its own motion, or upon
complaint and after having made proper investigation, to require
the interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings within
the distances described by the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code. In addition, State and local
authorities may not install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is interconnected or proposed to
be interconnected with grade crossing warning devices when the change affects
the number, type, or location of traffic control devices on the track approach
leg or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the installation,
removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the railroad-highway grade
crossing. The electrical circuit devices, alternate warning devices, and
preemption sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and
intersection area, to the State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such federal
standards as are made applicable by subsection (2) of this Section. In order
to carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing of the railroad
preemption sequence of operation.
The Commission shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between the railroad or
railroads and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be
directed to make restitution for the costs of repair or
replacement, or both, necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public safety
by establishing safe grade crossings. In order to implement this policy, the
Illinois Commerce Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing should be
opened or abolished. The following factors shall be considered by the
Illinois Commerce Commission in developing the specific criteria for opening
and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed | |
(e) number of freight trains and their timetable
| |
(f) the type of warning device present at the grade
| |
(g) alignments of the roadway and railroad, and the
| | angle of intersection of those alignments;
|
|
(h) use of the grade crossing by trucks carrying
| | hazardous materials, vehicles carrying passengers for hire, and school buses; and
|
|
(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or abolish a grade
crossing, shall enter an order opening or abolishing the crossing if it meets
the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance shall
a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains; Radio Communications.
The Commission shall after hearing and order require that
every main line railroad freight train operating on main
tracks outside of yard limits within this State shall be
equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the
requirements of this Section as to secondary and branch
lines.
(5) Railroad Bridges and Trestles; Walkway and Handrail.
In cases in which the Commission finds the same to be
practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to Injured on Trains.
(a) All rail carriers shall provide a first aid kit
| | that contains, at a minimum, those articles prescribed by the Commission, on each train or engine, for first aid to persons who may be injured in the course of the operation of such trains.
|
|
(b) A vehicle, excluding a taxi cab used in an
| | emergency situation, operated by a contract carrier transporting railroad employees in the course of their employment shall be equipped with a readily available first aid kit that contains, as a minimum, the same articles that are required on each train or engine.
|
| (7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing, to order:
(a) the removal of any abandoned railroad tracks from
| | roads, streets or other thoroughfares in this State; and
|
|
(b) the removal of abandoned overhead railroad
| | structures crossing highways, waterways, or railroads.
|
|
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities, and
the State, county, municipality, township, road district, or
other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less
than 23 feet
above the top of rail shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission may permit a lesser
clearance if it determines
that the 23-foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(9) Right of Access To Railroad Property.
(a) A community antenna television company franchised
| | by a municipality or county pursuant to the Illinois Municipal Code or the Counties Code, respectively, shall not enter upon any real estate or rights-of-way in the possession or control of a railroad subject to the jurisdiction of the Illinois Commerce Commission unless the community antenna television company first complies with the applicable provisions of subparagraph (f) of Section 11-42-11.1 of the Illinois Municipal Code or subparagraph (f) of Section 5-1096 of the Counties Code.
|
| (b) Notwithstanding any provision of law to the
| | contrary, this subsection (9) applies to all entries of railroad rights-of-way involving a railroad subject to the jurisdiction of the Illinois Commerce Commission by a community antenna television company and shall govern in the event of any conflict with any other provision of law.
|
| (c) This subsection (9) applies to any entry upon any
| | real estate or right-of-way in the possession or control of a railroad subject to the jurisdiction of the Illinois Commerce Commission for the purpose of or in connection with the construction, or installation of a community antenna television company's system or facilities commenced or renewed on or after August 22, 2017 (the effective date of Public Act 100-251).
|
| (d) Nothing in Public Act 100-251 shall be construed
| | to prevent a railroad from negotiating other terms and conditions or the resolution of any dispute in relation to an entry upon or right of access as set forth in this subsection (9).
|
| (e) For purposes of this subsection (9):
"Broadband service", "cable operator", and "holder"
| | have the meanings given to those terms under Section 21-201 of the Public Utilities Act.
|
| "Community antenna television company" includes, in
| | the case of real estate or rights-of-way in possession of or in control of a railroad, a holder, cable operator, or broadband service provider.
|
| (f) Beginning on August 22, 2017 (the effective date
| | of Public Act 100-251), the Transportation Division of the Illinois Commerce Commission shall include in its annual Crossing Safety Improvement Program report a brief description of the number of cases decided by the Illinois Commerce Commission and the number of cases that remain pending before the Illinois Commerce Commission under this subsection (9) for the period covered by the report.
|
| (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
|
625 ILCS 5/18c-7401.1 (625 ILCS 5/18c-7401.1) Sec. 18c-7401.1. Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards. (Source: P.A. 93-791, eff. 7-22-04.) |
625 ILCS 5/18c-7402
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(a) Obstruction of emergency vehicles. Every railroad | | shall be operated in such a manner as to minimize obstruction of emergency vehicles at crossings. Where such obstruction occurs and the train crew is aware of the obstruction, the train crew shall immediately take any action, consistent with safe operating procedure, necessary to remove the obstruction. In the Chicago and St. Louis switching districts, every railroad dispatcher or other person responsible for the movement of railroad equipment in a specific area who receives notification that railroad equipment is obstructing the movement of an emergency vehicle at any crossing within such area shall immediately notify the train crew through use of existing communication facilities. Upon notification, the train crew shall take immediate action in accordance with this paragraph.
|
|
(b) Obstruction of highway at grade crossing
| | prohibited. It is unlawful for a rail carrier to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of 10 minutes, except where such train or railroad car is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control.
|
|
In a county with a population of greater than
| | 1,000,000, as determined by the most recent federal census, during the hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail carrier to permit any single train or railroad car to obstruct public travel at a railroad-highway grade crossing in excess of a total of 10 minutes during a 30 minute period, except where the train or railroad car cannot be moved by reason or circumstances over which the rail carrier has no reasonable control. Under no circumstances will a moving train be stopped for the purposes of issuing a citation related to this Section.
|
|
However, no employee acting under the rules or orders
| | of the rail carrier or its supervisory personnel may be prosecuted for a violation of this subsection (b).
|
|
(c) Punishment for obstruction of grade crossing. Any
| | rail carrier violating paragraph (b) of this subsection shall be guilty of a petty offense and fined not less than $200 nor more than $500 if the duration of the obstruction is in excess of 10 minutes but no longer than 15 minutes. If the duration of the obstruction exceeds 15 minutes the violation shall be a business offense and the following fines shall be imposed: if the duration of the obstruction is in excess of 15 minutes but no longer than 20 minutes, the fine shall be $500; if the duration of the obstruction is in excess of 20 minutes but no longer than 25 minutes, the fine shall be $700; if the duration of the obstruction is in excess of 25 minutes, but no longer than 30 minutes, the fine shall be $900; if the duration of the obstruction is in excess of 30 minutes but no longer than 35 minutes, the fine shall be $1,000; if the duration of the obstruction is in excess of 35 minutes, the fine shall be $1,000 plus an additional $500 for each 5 minutes of obstruction in excess of 25 minutes of obstruction.
|
|
(2) Other operational requirements.
(a) Bell and whistle-crossings. Every rail carrier
| | shall cause a bell, and a whistle or horn to be placed and kept on each locomotive, and shall cause the same to be rung or sounded by the engineer or fireman, at the distance of at least 1,320 feet, from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or sounding until the highway is reached; provided that at crossings where the Commission shall by order direct, only after a hearing has been held to determine the public is reasonably and sufficiently protected, the rail carrier may be excused from giving warning provided by this paragraph.
|
|
(a-5) The requirements of paragraph (a) of this
| | subsection (2) regarding ringing a bell and sounding a whistle or horn do not apply at a railroad crossing that has a permanently installed automated audible warning device authorized by the Commission under Section 18c-7402.1 that sounds automatically when an approaching train is at least 1,320 feet from the crossing and that keeps sounding until the lead locomotive has crossed the highway. The engineer or fireman may ring the bell or sound the whistle or horn at a railroad crossing that has a permanently installed audible warning device.
|
|
(b) Speed limits. Each rail carrier shall operate its
| | trains in compliance with speed limits set by the Commission. The Commission may set train speed limits only where such limits are necessitated by extraordinary circumstances affecting the public safety, and shall maintain such train speed limits in effect only for such time as the extraordinary circumstances prevail.
|
|
The Commission and the Department of Transportation
| | shall conduct a study of the relation between train speeds and railroad-highway grade crossing safety. The Commission shall report the findings of the study to the General Assembly no later than January 5, 1997.
|
|
(c) Special speed limit; pilot project. The
| | Commission and the Board of the Commuter Rail Division of the Regional Transportation Authority shall conduct a pilot project in the Village of Fox River Grove, the site of the fatal school bus crash at a railroad crossing on October 25, 1995, in order to improve railroad crossing safety. For this project, the Commission is directed to set the maximum train speed limit for Regional Transportation Authority trains at 50 miles per hour at intersections on that portion of the intrastate rail line located in the Village of Fox River Grove. If the Regional Transportation Authority deliberately fails to comply with this maximum speed limit, then any entity, governmental or otherwise, that provides capital or operational funds to the Regional Transportation Authority shall appropriately reduce or eliminate that funding. The Commission shall report to the Governor and the General Assembly on the results of this pilot project in January 1999, January 2000, and January 2001. The Commission shall also submit a final report on the pilot project to the Governor and the General Assembly in January 2001. The provisions of this subsection (c), other than this sentence, are inoperative after February 1, 2001.
|
|
(d) Freight train crew size. No rail carrier shall
| | operate or cause to operate a train or light engine used in connection with the movement of freight unless it has an operating crew consisting of at least 2 individuals. The minimum freight train crew size indicated in this subsection (d) shall remain in effect until a federal law or rule encompassing the subject matter has been adopted. The Commission, with respect to freight train crew member size under this subsection (d), has the power to conduct evidentiary hearings, make findings, and issue and enforce orders, including sanctions under Section 18c-1704 of this Chapter. As used in this subsection (d), "train or light engine" does not include trains operated by a hostler service or utility employees.
|
| (3) Report and investigation of rail accidents.
(a) Reports. Every rail carrier shall report to the
| | Commission, by the speediest means possible, whether telephone, telegraph, or otherwise, every accident involving its equipment, track, or other property which resulted in loss of life to any person. In addition, such carriers shall file a written report with the Commission. Reports submitted under this paragraph shall be strictly confidential, shall be specifically prohibited from disclosure, and shall not be admissible in any administrative or judicial proceeding relating to the accidents reported.
|
|
(b) Investigations. The Commission may investigate
| | all railroad accidents reported to it or of which it acquires knowledge independent of reports made by rail carriers, and shall have the power, consistent with standards and procedures established under the Federal Railroad Safety Act, as amended, to enter such temporary orders as will minimize the risk of future accidents pending notice, hearing, and final action by the Commission.
|
|
(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23 .)
|
625 ILCS 5/18c-7402.1
(625 ILCS 5/18c-7402.1)
Sec. 18c-7402.1.
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
and Will.
(Source: P.A. 92-284, eff. 8-9-01.)
|
625 ILCS 5/18c-7402.5
(625 ILCS 5/18c-7402.5)
Sec. 18c-7402.5.
(Repealed).
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
|
625 ILCS 5/18c-7403
(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
|
625 ILCS 5/18c-7404
(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
|
625 ILCS 5/18c-7405
(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
|
625 ILCS 5/18c-7406 (625 ILCS 5/18c-7406) Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.) |
625 ILCS 5/Ch 18C Sub 7 Art V
(625 ILCS 5/Ch 18C Sub 7 Art V heading)
ARTICLE V.
MISCELLANEOUS PROVISIONS.
|
625 ILCS 5/18c-7501
(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
625 ILCS 5/18c-7502 (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) Sec. 18c-7502. Malicious removal of or damage to railroad property or
freight. (a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
have: (i) removed, taken, stolen, changed, added to, taken | | from, or in any manner changed, defaced, or interfered with any of the parts or attachments of any locomotive or car, or any plant or property used in or in connection with the operation of any railroad carrier, locomotive, car, or train, or shoots, throws, or drops any object onto or at any train, locomotive, or car;
|
| (ii) willfully and with intent to permanently deprive
| | the owner thereof, taken or removed railroad freight from any freight car, including a boxcar, container, or flatbed;
|
| (iii) bought or received any of the railroad freight
| | described in item (ii), having reason to know that such freight was stolen; or
|
| (iv) willfully placed upon an active railroad track
| | or railroad right of way any object or objects that would adversely affect safe railroad operations.
|
| (b) Penalties.
(1) If the railroad property damage does not exceed
| | $500 and no bodily injury occurs to another as a result of a violation of this Section, the person shall be guilty of a Class A misdemeanor. Upon being found in violation of item (i) of subsection (a), the person shall, in addition to such other sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved the cost to repair any railroad property damaged, and to perform community service for not less than 30 hours or more than 120 hours. If community service is not available in the jurisdiction where the offense was committed, that person shall be subject to pay a fine of not less than $150 or more than $1,000, or imprisonment for not less than 5 days or more than 1 year, or both. If railroad property damage exceeds $500 or bodily injury occurs to another as a result of a violation of this Section, the person shall be guilty of a Class 4 felony. Upon being found in violation of item (i) of subsection (a), the person shall, in addition to such other sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved for the cost to repair any railroad property damaged, and shall be fined not less than $1,000, nor more than $25,000, or imprisonment for not less than 1 year, or more than 3 years, or both. If serious bodily injury or death occurs to another as a result of a violation of item (i) of subsection (a), the person shall be guilty of a Class 2 felony and shall, in addition to such sanctions as may be deemed appropriate by the court, be subject to pay the railroad carrier involved the cost to repair any railroad property damaged, and shall be fined not less than $5,000 nor more than $25,000, or imprisonment for not less than 3 years nor more than 7 years, or both. If any such action is malicious and is the cause of wrecking any train, locomotive, or car in this State whereby the life of any person is lost, the person found guilty thereof shall be liable for first degree murder and the person shall be subject to pay the railroad carrier involved the cost to repair any railroad property damaged.
|
| (2) Upon being found in violation of item (ii),
| | (iii), or (iv) the person shall be guilty of a Class 4 felony. In addition to such other sanctions as may be deemed appropriate by the court, the person shall be subject to pay the railroad carrier involved for the cost to repair any railroad property damaged, and shall be fined not less than $1,000, nor more than $25,000, or imprisoned for not less than 1 year nor more than 3 years.
|
| (3) Local authorities shall impose fines as
| | established in this subsection (b) for persons found in violation of this Section or any similar local ordinance.
|
| (c) Definitions. As used in this Section:
"Bodily injury" means:
(i) a cut, abrasion, bruise, bump, or disfigurement;
(ii) physical pain;
(iii) illness;
(iv) impairment of the function of a bodily member,
| | organ, or mental faculty; or
|
| (v) any other injury to the body, no matter how
| | "Railroad" means any form of nonhighway ground transportation that runs on
rails or
electromagnetic guideways, including:
(i) commuter or other short-haul railroad passenger
| | service in a metropolitan or urban area; and
|
| (ii) high-speed ground transportation systems that
| | connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
|
| "Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
owned, leased,
or used in the operation of any railroad carrier including trains, locomotives,
engines, railroad
cars, work equipment, rolling stock, or safety devices. "Railroad property"
does
not include a
railroad carrier's administrative buildings or offices, office equipment, or
intangible property
such as software or other information.
"Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling
stock is kept when not in use or when awaiting repair.
"Serious bodily injury" means bodily injury that involves:
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) protracted and obvious disfigurement; or
(iv) protracted loss or impairment of the function of
| | a bodily member, organ, or mental faculty.
|
| (Source: P.A. 96-1132, eff. 1-1-11.)
|
625 ILCS 5/18c-7503
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided | | in paragraph (b) of this subsection, no person may:
|
|
(i) walk, ride, drive or be upon or along the
| | right of way or rail yard of a rail carrier within the State, at a place other than a public crossing;
|
|
(ii) enter or be
upon any railroad property;
(iii) without lawful authority or the railroad
| | carrier's consent, ride on the outside of a train or inside a passenger car, locomotive, or freight car, including a box car, flatbed, or container;
|
|
(iv) willfully lead or contrive any animal to go
| | upon the railroad's rights of way for any reason other than to pass over such rights of way at a marked public crossing; or
|
|
(v) throw or cause to be thrown on to the
| | railroad's rights of way any waste paper, ashes, household waste, glass, metal, tires, refuse, or rubbish.
|
|
(b) Exceptions.
This subsection shall not apply to:
(i) fare paying passengers on trains or employees
| |
(ii) railroad employees and an authorized
| | representative of rail carrier employees, while performing required duties in accordance with reasonable rail carrier company guidelines;
|
|
(iii) a person going upon the right of way or
| | into the rail yard to save human life or to remove an object that a reasonable person would believe poses an imminent threat to human life or limb;
|
|
(iv) a person being on the station grounds or in
| | the depot of the rail carrier for the purpose of transacting business;
|
|
(v) a person, his family, or his employees or
| | agents going across a farm crossing, as defined in this Chapter, for the purpose of crossing from one part to another part of a farm he owns or leases, where the farm lies on both sides of the right of way;
|
|
(vi) a person having written permission from the
| | rail carrier to go upon the right of way or into the rail yard;
|
|
(vii) representatives of local, State, and
| | federal governmental agencies in performance of their official duties; and
|
|
(viii) a person having written permission from
| | the rail carrier to go in or be upon railroad property.
|
|
(2) Penalties.
(a) Any person found in violation of item (i), (ii),
| | (iii) or (iv) of paragraph (a) of subsection (1) shall be guilty of a Class C misdemeanor for a first offense. In addition to such other sanctions as may be deemed appropriate by the court, the person shall be subject to a mandatory fine of not less than $150 or more than $500, or to imprisonment for not less than 5 days nor more than 30 days, or both. For each subsequent offense, the person shall be guilty of a Class A misdemeanor. In addition to such sanctions as may be deemed appropriate by the court, the person shall be subject to a mandatory fine of not less than $500 nor more than $1,000, or to imprisonment for not less than 10 days or more than one year, or both.
|
|
(b) Any person found in violation of item (v) of
| | paragraph (a) of subsection (1) shall be guilty of an offense and in addition to such sanctions as may be deemed appropriate by the court shall be subject to a fine of not less than $100 nor more than $500, or community service of not less than 8 hours nor more than 50 hours, or both. If damage to any railroad property or bodily injury occurs to another as a result of a violation of item (v) of paragraph (a) of subsection (1), that person shall be charged with the offense of Malicious Removal of or Damage to Railroad Property or Freight pursuant to Section 18c-7502.
|
|
(c) Local authorities shall impose fines as
| | established in paragraphs (a) and (b) of this subsection (2) for persons found in violation of this Section or any similar local ordinance.
|
| (2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means
any form of
nonhighway ground transportation that runs on rails or electromagnetic
guideways,
including:
(i) commuter or other short-haul railroad
| | passenger service in a metropolitan or urban area; and
|
|
(ii) high-speed ground transportation systems
| | that connect metropolitan areas; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
|
|
"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
engines,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
|
625 ILCS 5/18c-7504
(625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
Sec. 18c-7504.
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
willfully done.
(2) Enforcement.
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)
|
625 ILCS 5/Ch. 18C Sub-ch. 8
(625 ILCS 5/Ch. 18C Sub-ch. 8 heading)
SUB-CHAPTER 8.
COMMON CARRIERS BY PIPELINE
|
625 ILCS 5/Ch 18C Sub 8 Art I
(625 ILCS 5/Ch 18C Sub 8 Art I heading)
ARTICLE I.
JURISDICTION AND POWER
OVER COMMON CARRIERS BY PIPELINE
|
625 ILCS 5/18c-8101
(625 ILCS 5/18c-8101) (from Ch. 95 1/2, par. 18c-8101)
Sec. 18c-8101.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
625 ILCS 5/Ch 18C Sub 8 Art II
(625 ILCS 5/Ch 18C Sub 8 Art II heading)
ARTICLE II.
LICENSING AND RATEMAKING
|
625 ILCS 5/18c-8201
(625 ILCS 5/18c-8201) (from Ch. 95 1/2, par. 18c-8201)
Sec. 18c-8201.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
625 ILCS 5/Ch 18C Sub 8 Art III
(625 ILCS 5/Ch 18C Sub 8 Art III heading)
ARTICLE III.
SAFETY REGULATION
|
625 ILCS 5/18c-8301
(625 ILCS 5/18c-8301) (from Ch. 95 1/2, par. 18c-8301)
Sec. 18c-8301.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
625 ILCS 5/Ch 18C Sub 8 Art IV
(625 ILCS 5/Ch 18C Sub 8 Art IV heading)
ARTICLE IV.
MISCELLANEOUS PROVISIONS
|
625 ILCS 5/18c-8401
(625 ILCS 5/18c-8401) (from Ch. 95 1/2, par. 18c-8401)
Sec. 18c-8401.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
625 ILCS 5/Ch. 18C Sub-ch. 9
(625 ILCS 5/Ch. 18C Sub-ch. 9 heading)
SUB-CHAPTER 9.
MISCELLANEOUS PROVISIONS OF LAW
|
625 ILCS 5/Ch 18C Sub 9 Art I
(625 ILCS 5/Ch 18C Sub 9 Art I heading)
ARTICLE I.
REMEDIES CUMULATIVE
|
625 ILCS 5/18c-9101
(625 ILCS 5/18c-9101) (from Ch. 95 1/2, par. 18c-9101)
Sec. 18c-9101.
Remedies Cumulative.
Rights and remedies under this Chapter shall be cumulative of each
other and of rights and remedies under other provisions of law,
except as otherwise expressly provided herein. Exercise of one
right or remedy under this Chapter shall not waive or bar exercise of
any other, and imposition of one sanction under this Chapter shall
not be a bar to imposition of any other sanction provided for in
this Chapter.
(Source: P.A. 84-796.)
|
625 ILCS 5/Ch 18C Sub 9 Art II
(625 ILCS 5/Ch 18C Sub 9 Art II heading)
ARTICLE II.
GRANDFATHER PROVISIONS
|
625 ILCS 5/18c-9201
(625 ILCS 5/18c-9201) (from Ch. 95 1/2, par. 18c-9201)
Sec. 18c-9201.
Grandfather Clause.
Except as otherwise expressly provided in this Chapter, valid
regulations adopted, licenses, registrations, certifications and
other authorizations issued or recognized, rates established
or recognized, and forms promulgated or utilized under Acts or parts
of Acts repealed by this Act
shall have the same force and effect as if adopted, issued,
established, or recognized under this Chapter.
(Source: P.A. 85-553.)
|
625 ILCS 5/Ch. 18d
(625 ILCS 5/Ch. 18d heading)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW
(Source: P.A. 95-562, eff. 7-1-08 .)
|
625 ILCS 5/18d-101 (625 ILCS 5/18d-101)
Sec. 18d-101. Short title. This Chapter may be cited as the Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-105 (625 ILCS 5/18d-105)
Sec. 18d-105. Definitions. As used in this Chapter: (1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. (2) "Commission" means the Illinois Commerce Commission.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-110 (625 ILCS 5/18d-110)
Sec. 18d-110. The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare. It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions. The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State. The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-115 (625 ILCS 5/18d-115)
Sec. 18d-115. It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-117 (625 ILCS 5/18d-117) Sec. 18d-117. Exemption. (a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. (b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter. (c) Subsection (a) does not apply to towers that legally reside in both counties.
(Source: P.A. 96-309, eff. 1-1-10.) |
625 ILCS 5/18d-120 (625 ILCS 5/18d-120)
Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences. (a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section. (b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing: (1) The formal business name of the commercial | | vehicle safety relocator, as registered with the Illinois Secretary of State, and its business address and telephone number.
|
| (2) The address of the location to which the vehicle
| | (3) The cost of all relocation, storage, and any
| | other fees, without limitation, that the commercial vehicle safety relocator will charge for its services.
|
| (4) An itemized description of the vehicle owner or
| | operator's rights under this Code, as follows:
|
| "As a customer, you also have the following rights
under Illinois law:
(1) This written disclosure must be provided to you
| | before your vehicle is towed, providing the business name, business address, address where the vehicle will be towed, and a reliable telephone number;
|
| (2) Before towing, you must be advised of the price
| | (3) Upon your demand, a final invoice itemizing all
| | charges, as well as any damage to the vehicle upon its receipt and return to you, must be provided;
|
| (4) Upon your demand, your vehicle must be returned
| | during business hours, upon your prompt payment of all reasonable fees;
|
| (5) You have the right to pay all charges in cash
| | (6) Upon your demand, you must be provided with
| | proof of the existence of mandatory insurance insuring against all risks associated with the transportation and storage of your vehicle."
|
| (c) The commercial vehicle safety relocator shall
provide a copy of the completed disclosure required by this
Section to the vehicle owner or operator, before towing the
damaged or disabled vehicle, and shall maintain an identical
copy of the completed disclosure in its records for a minimum
of 5 years after the transaction concludes.
(d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of
the disclosure to local law enforcement and, if known, the
vehicle owner or operator's automobile insurance company.
(e) If the commercial vehicle safety relocator fails
to comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking
any compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle
safety relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08 .)
|
625 ILCS 5/18d-125 (625 ILCS 5/18d-125)
Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices. (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an
itemized final invoice that fairly and accurately documents the
charges owed by the vehicle owner or operator for relocation of
damaged or disabled vehicles. The final estimate or invoice
shall accurately record in writing all of the items set forth
in this Section. (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as
registered with the Illinois Secretary of State, its business
address and telephone number, the date of the invoice, the
odometer reading at the time the final invoice was prepared,
the name of the vehicle owner or operator, and the description
of the motor vehicle, including the motor vehicle
identification number. In addition, the invoice shall describe
any modifications made to the vehicle by the commercial vehicle
safety relocator, any observable damage to the vehicle
upon its initial receipt by the commercial vehicle safety relocator,
and any observable damage to the vehicle at the time
of its release to the vehicle owner or operator. The invoice
shall itemize any additional charges and include those charges
in the total presented to the vehicle owner or operator. (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5 years from
the date of release of the vehicle. The copy may be retained in
electronic format. Records may be stored at a separate
location. (d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-130 (625 ILCS 5/18d-130)
Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or
disabled vehicles shall post, in a prominent place on the
business premises, one or more signs, readily visible to
customers, in the following form: YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE | | NAME OF THE TOWING AND STORAGE SERVICE, ITS BUSINESS ADDRESS AND TELEPHONE NUMBER, AND THE ADDRESS WHERE THE VEHICLE WAS TO BE TOWED.
|
| 2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE
| | TOWING AND STORAGE OF YOUR VEHICLE.
|
| 3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A
| | FINAL INVOICE ITEMIZING ALL CHARGES FOR TOWING, STORAGE, OR ANY OTHER SERVICES PROVIDED, AS WELL AS ANY DAMAGE IDENTIFIED TO THE VEHICLE AT THE TIME IT WAS TAKEN BY THE TOWING AND STORAGE FACILITY, AS WELL AS ANY DAMAGE TO THE VEHICLE IDENTIFIED UPON ITS RELEASE TO YOU.
|
| 4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR
| | ITS RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL REASONABLE FEES.
|
| 5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD.
6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF
| | INSURANCE, WHICH THE COMMERCIAL VEHICLE SAFETY RELOCATOR MUST MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR VEHICLE IN TRANSIT AND WHILE IN STORAGE. IF THE COMMERCIAL VEHICLE SAFETY RELOCATOR HAS COMPLIED WITH THE ABOVE RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES PROVIDED BY THE COMMERCIAL VEHICLE RELOCATOR.
|
| The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
(Source: P.A. 95-562, eff. 7-1-08 .)
|
625 ILCS 5/18d-135 (625 ILCS 5/18d-135)
Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of
damaged or disabled vehicles shall maintain copies of (i) all
disclosures provided to vehicle owners or operators as required
under this Chapter and (ii) all invoices provided to vehicle
owners or operators as required under this Chapter. The
copies may be maintained in an electronic format, shall be kept
for 5 years, and shall be available for inspection by the
Illinois Commerce Commission. Failure to provide requested documentation to the Illinois Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-140 (625 ILCS 5/18d-140)
Sec. 18d-140. Any vehicle used in connection with any commercial vehicle safety relocation service must have 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 safety relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-145 (625 ILCS 5/18d-145)
Sec. 18d-145. Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator's registration certificate. 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 the safety relocator's registration certificate may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-150 (625 ILCS 5/18d-150)
Sec. 18d-150. Waiver or limitation of liability
prohibited. (a) Commercial vehicle safety relocators engaged in
the relocation or storage of damaged or disabled vehicles shall
be prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability
under this Code, in tort or contract, or under any other
cognizable cause of action available to the vehicle owner or
operator. (b) Commercial vehicle safety relocators are
prohibited from requiring the vehicle owner or operator to sign
or agree to any document purporting to waive or limit the
commercial vehicle safety relocator's liability under
this Code, in tort or contract, or under any other cognizable
cause of action available to the vehicle owner or operator. (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-153 (625 ILCS 5/18d-153) Sec. 18d-153. Misrepresentation of affiliation. It shall be unlawful for any tower to misrepresent an affiliation with the State, a unit of local government, an insurance company, a private club, or any other entity, or falsely claim to be included on a law enforcement agency's tow rotation list maintained under Section 4-203.5 of this Code, for the purpose of securing a business transaction with a vehicle owner or operator.
(Source: P.A. 99-438, eff. 1-1-16 .) |
625 ILCS 5/18d-155 (625 ILCS 5/18d-155)
Sec. 18d-155. The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter. Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-160 (625 ILCS 5/18d-160)
Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, 18d-150, or 18d-153 of this Code
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-562, eff. 7-1-08; 96-1369, eff. 1-1-11.) |
625 ILCS 5/18d-165 (625 ILCS 5/18d-165)
Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-170 (625 ILCS 5/18d-170)
Sec. 18d-170. Mandatory insurance coverage. (a) A commercial vehicle safety relocator shall
provide insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks. (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance. (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than $100 nor more than
$500.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-175 (625 ILCS 5/18d-175)
Sec. 18d-175. 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.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/18d-180 (625 ILCS 5/18d-180)
Sec. 18d-180. The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with Section 18a-700.
(Source: P.A. 95-562, eff. 7-1-08 .) |
625 ILCS 5/Ch. 20
(625 ILCS 5/Ch. 20 heading)
CHAPTER 20.
MISCELLANEOUS PROVISIONS,
EFFECT OF ACT AND REPEAL OF NAMED ACTS
|
625 ILCS 5/18d-185 (625 ILCS 5/18d-185) Sec. 18d-185. Consumer complaints against safety relocators. The Commission shall post a notice of the administrative citations issued to a safety relocator and the disposition of the administrative citation on its website. (Source: P.A. 103-199, eff. 1-1-24 .) |
625 ILCS 5/Ch. 20 Art. I
(625 ILCS 5/Ch. 20 Art. I heading)
ARTICLE I.
DISTRIBUTION OF FEES AND TAXES
|
625 ILCS 5/20-101
(625 ILCS 5/20-101) (from Ch. 95 1/2, par. 20-101)
Sec. 20-101.
Moneys derived from registration, operation and use of
automobiles and from fuel taxes - Use. From and after the effective date
of this Act, except as provided in Section 3-815.1 of this Code, no public
moneys derived from fees, excises or license
taxes relating to registration, operation and use of vehicles on public
highways or to fuels used for the propulsion of such vehicles, shall be
appropriated or expended other than for costs of administering the laws
imposing such fees, excises and license taxes, statutory refunds and
adjustments allowed thereunder, administrative costs of the
Department of Transportation, payment of
debts and liabilities incurred in construction and reconstruction of
public highways and bridges, acquisition of rights-of-way for, and the
cost of construction, reconstruction, maintenance, repair and operation
of public highways and bridges under the direction and supervision of
the State, political subdivision or municipality collecting such moneys,
and the costs for patrolling and policing the public highways (by the
State, political subdivision or municipality collecting such money) for
enforcement of traffic laws; provided, that such
moneys may be used for the retirement of and interest on bonds
heretofore issued for purposes other than the construction of public
highways or bridges but not to a greater extent, nor a greater length of
time, than is provided in acts heretofore adopted and now in force.
Further the separation of grades of such highways with railroads and costs
associated with protection of at-grade highway and railroad crossings shall
also be permissible.
(Source: P.A. 93-23, eff. 6-20-03.)
|
625 ILCS 5/Ch. 20 Art. II
(625 ILCS 5/Ch. 20 Art. II heading)
ARTICLE II.
EFFECT OF ACT
|
625 ILCS 5/20-201
(625 ILCS 5/20-201) (from Ch. 95 1/2, par. 20-201)
Sec. 20-201.
Effect of headings.
Chapter, Article and Section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any Chapter, Article or Section
hereof.
(Source: P.A. 76-1586.)
|
625 ILCS 5/20-201.1
(625 ILCS 5/20-201.1) (from Ch. 95 1/2, par. 20-201.1)
Sec. 20-201.1.
Gender.
When used in this Code, words importing the
masculine may be applied to females and vice versa.
(Source: P.A. 82-123.)
|
625 ILCS 5/20-201.2
(625 ILCS 5/20-201.2) (from Ch. 95 1/2, par. 20-201.2)
Sec. 20-201.2.
Number.
When used in this Code, words importing the
singular may extend and be applied to several persons or things, and words
importing the plural number may include singular.
(Source: P.A. 82-123.)
|
625 ILCS 5/20-201.3
(625 ILCS 5/20-201.3) (from Ch. 95 1/2, par. 20-201.3)
Sec. 20-201.3.
Tense.
When used in this Code, words importing the present
tense may include the future and vice versa.
(Source: P.A. 82-123.)
|
625 ILCS 5/20-202
(625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
Sec. 20-202. Act not retroactive. This Act shall not have a retroactive effect and shall not apply to
any traffic crash, to a cause of action arising out of a traffic
crash or judgment arising therefrom, or to any violation of the laws
of this State, occurring prior to the effective date of this Act.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
625 ILCS 5/20-203
(625 ILCS 5/20-203) (from Ch. 95 1/2, par. 20-203)
Sec. 20-203.
Constitutionality.
If any part or parts of this Act shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity
of the remaining parts of this Act. The legislature hereby declares that
it would have passed the remaining parts of this Act if it had known
that such part or parts thereof would be declared unconstitutional.
(Source: P.A. 76-1586.)
|
625 ILCS 5/20-204
(625 ILCS 5/20-204) (from Ch. 95 1/2, par. 20-204)
Sec. 20-204.
A county or the corporate authorities of a municipality may adopt all or any
portion of this Illinois Vehicle Code by reference.
(Source: P.A. 96-655, eff. 1-1-10.)
|
625 ILCS 5/20-205 (625 ILCS 5/20-205) Sec. 20-205. Use of current documents. A State agency may exhaust any copies of a form or document using "accident", in relation to automobile accidents, motor vehicle accidents, and traffic accidents before printing copies of a new version of the form or document that uses "crash" pursuant to the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-982, eff. 7-1-23 .) |
625 ILCS 5/Ch. 20 Art. III
(625 ILCS 5/Ch. 20 Art. III heading)
ARTICLE III.
REPEAL OF NAMED ACTS
|
625 ILCS 5/20-301
(625 ILCS 5/20-301) (from Ch. 95 1/2, par. 20-301)
Sec. 20-301.
Repeal.
The following acts are repealed:
(a) The "Illinois Vehicle Law", approved July 11, 1957, as amended.
(b) "AN ACT in relation to motor vehicles and to repeal a certain
act therein named", approved June 30, 1919, as amended.
(c) "AN ACT in relation to the issuance of insurance policies in
connection with certain transactions involving motor vehicles, and
providing a penalty for the violation thereof", approved July 7, 1955,
as amended.
(d) "AN ACT providing for the use of public money derived from fees,
excises, and license taxes relating to registration, operation and use
of vehicles on public highways, and fuels used for the propulsion of
such vehicles", approved July 21, 1947, as amended.
(e) The "Uniform Act Regulating Traffic on Highways", approved July
9, 1935, as amended.
(f) "AN ACT in relation to the prevention of the use of public
highways by vehicles exceeding prescribed weight limits", approved
August 6, 1949, as amended.
(g) "AN ACT relating to the operation of ambulances", approved July
25, 1963.
(h) "AN ACT to prevent the overloading of motor vehicles used in
transporting children", approved July 22, 1959, as amended.
(i) "AN ACT in relation to the sale of certain tires for use on
motor vehicles", approved July 9, 1955, as amended.
(j) The "Illinois Motor Carrier of Property Act", approved July 7,
1953, as amended.
(k) "AN ACT to create a Motor Vehicle Laws Commission, to define its
powers and duties, and to make an appropriation therefor", approved June
21, 1951, as amended.
(l) "AN ACT to authorize the Department of Public Safety to furnish
copies of traffic accident reports and be paid a fee therefor", approved
April 17, 1967.
(m) "AN ACT relating to the powers and duties of the Governor in
connection with the Federal Highway Safety Act of 1966", approved August
18, 1967.
(n) "AN ACT enacting and entering into the Driver Licenses Compact",
approved August 19, 1963, as amended.
(o) "AN ACT to adopt the Vehicle Equipment Safety Compact and to
provide for the administration thereof", approved August 19, 1963.
(Source: P.A. 85-293.)
|
625 ILCS 5/Ch. 20 Art. IV
(625 ILCS 5/Ch. 20 Art. IV heading)
ARTICLE IV.
SAVINGS CLAUSE AND EFFECTIVE DATE
|
625 ILCS 5/20-401
(625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
Sec. 20-401. Saving provisions. The repeal of any Act by this
Chapter shall not affect any right accrued or liability incurred under
said repealed Act to the effective date hereof.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior Act, shall be construed as
a continuation of said prior Act. Any license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance or other instrument or document issued or filed or any deposit
made under any such prior Act and still in effect on the effective date
of this Act shall, except as otherwise specifically provided in this
Act, be deemed the equivalent of a license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance, or other instrument or document issued or filed or any
deposit made under this Act, and shall continue in effect until its
expiration or until suspended, revoked, cancelled or forfeited under
this Act.
Furthermore, when any section of any of the various laws or acts
repealed by this Act is amended by an Amendatory Act of the 76th General
Assembly, and such amended section becomes law prior to the effective
date of this Act, then it is the intent of the General Assembly that the
corresponding section of this Code and Act be construed so as to give
effect to such amendment as if it were made a part of this Code.
Should, however, any such Amendatory Act amend a definition of a word or
phrase in an act repealed by this Act, and such becomes law prior to the
effective date of this Act, it is the further intent of the General
Assembly that the corresponding section of this Code specifically
defining such word or phrase be construed so as to give effect to such
amendment, and if not specifically defined, that the corresponding
section of Chapter 1 of this Code be construed so as to give effect to
such amendment. In the event that a new section is added to an act
repealed by this Act by an Act of the 76th General Assembly, it is the
further intent of the General Assembly that this Code be construed as if
such were made a part of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
|
625 ILCS 5/20-402
(625 ILCS 5/20-402) (from Ch. 95 1/2, par. 20-402)
Sec. 20-402.
Effective Date.
This Act is effective July 1, 1970.
(Source: P.A. 76-1586.)
|
|
|
|