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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-4305
(625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
Sec. 18c-4305.
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4306
(625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
Sec. 18c-4306.
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(a) a member or members of the transferor's immediate | |
(b) a corporation, the stock of which is wholly owned
| | by the transferor or members of his immediate family or a member or members of the transferor partnership;
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(c) a member or members of a partnership of which the
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(d) a stockholder or stockholders of the transferor
| | corporation or of a corporation wholly owned by the transferor or the transferor's immediate family;
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(e) the heirs of a person who dies intestate or the
| | legatees of a testator, upon order of the probate court having jurisdiction;
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(f) the heirs or legatees of the transferor pursuant
| | to the Probate Act of 1975, as amended;
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(g) a corporation, more than 50% of the stock of
| | which is controlled by the stockholders of the transferor corporation; or
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(h) a corporation, all of the stock of which is
| | controlled by a member or members of the immediate family of the stockholder or stockholders of the transferor corporation.
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(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415 .)
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625 ILCS 5/18c-4307
(625 ILCS 5/18c-4307) (from Ch. 95 1/2, par. 18c-4307)
Sec. 18c-4307.
Unapproved Transfers.
(1) Unapproved Transfers Prohibited.
Except as provided in this Article, no person may enter into
a transaction to accomplish or effectuate, or participate in
accomplishing or effectuating, the ownership, control or
management of any one or more motor carriers, however such
result is attained, whether directly or indirectly by use of
common directors, officers, or stockholders, a holding or
investment company, a voting trust, or in any other manner,
and regardless of whether or not the carrier received
compensation or value from the transaction. Nor shall any
person continue to maintain control or management
accomplished or effectuated in violation of this Article.
The words "control or management," when used in this Article,
shall be construed to include the power to exercise control
or management.
(2) Direct Supervision and Control by License Holder Required. The holder
of a motor carrier license shall exercise direct supervision and control
over all operations conducted with vehicles registered under its license
or utilized in conducting operations under its license. The holder may be
called upon to demonstrate that it is exercising direct supervision and
control. Failure to exercise active supervision and control shall constitute
the unauthorized transfer of operating rights in violation of this Chapter.
Where an unauthorized transfer occurs, both the transferor and transferee
shall have committed violations of this Chapter. Nothing contained herein
shall prevent the holder from exercising such supervision and control through
a manager or other bona fide employee of the holder.
Elements to be considered in evaluating whether supervision and control
is being exercised include solicitation; public identification; billing;
collecting; dispatching drivers and equipment; hiring; evaluation and
firing of drivers and other personnel; liability for cargo loss or damage;
and responsibility for payment of carrier expenses.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-4308
(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308.
Enforcement of Transfer Requirements.
The Commission may, on its own motion or on complaint,
investigate and determine whether violations of this Article have
occurred. When the Commission determines that a carrier or other
person is violating the provisions of this Article it shall by
order require the carrier or other person to take whatever action
is necessary to prevent continuance of the violation, and may, in
addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4309
(625 ILCS 5/18c-4309) (from Ch. 95 1/2, par. 18c-4309)
Sec. 18c-4309.
Temporary Suspension and Transfer.
Periods during which
a license is temporarily
suspended by order of the Commission shall not be considered as part of the 1-year
period for which an abstract of shipments must be provided for application to transfer
a license pursuant to Section 18c-4303 of this Chapter, or for the 2-year
period used to determine whether a proposed transferor has abandoned,
discontinued or suspended service without Commission authorization pursuant
to Section 18c-4305 of this Chapter. This Section shall apply to all
temporary suspension applications filed, and all temporary suspensions
granted, on or after January 1, 1986.
(Source: P.A. 85-553.)
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625 ILCS 5/Ch 18C Sub 4 Art IV
(625 ILCS 5/Ch 18C Sub 4 Art IV heading)
ARTICLE IV.
RATE FILINGS AND REGISTRATION OF
INTRASTATE PUBLIC CARRIERS AND EQUIPMENT AND
REGISTRATION OF INTERSTATE CARRIERS AND EQUIPMENT
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625 ILCS 5/18c-4401
(625 ILCS 5/18c-4401) (from Ch. 95 1/2, par. 18c-4401)
Sec. 18c-4401. Registration required.
(1) General provisions. No intrastate public carrier and no interstate
carrier
shall operate over the public roads of this
State without a
registration issued pursuant to this Article and in effect at the
time operations are conducted. As used in this Article, "interstate carrier" includes any private carrier that is required to register under federal law.
(2) Interstate intercorporate hauling and single-source leasing.
Persons or entities engaged in
interstate compensated intercorporate hauling, and interstate
private carriers which lease equipment, with drivers, are
interstate carriers for purposes of this Article notwithstanding any
other provision of this Chapter.
However, the Commission may:
(a) Exempt such carriers from the requirements of | |
(b) Subject any such exemption to such reasonable
| | terms and conditions as the Commission deems necessary to effectuate the purposes of this Chapter; and
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(c) Revoke any exemption granted hereunder if it
| | deems revocation necessary to effectuate the purposes of this Chapter.
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(Source: P.A. 94-760, eff. 1-1-07.)
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625 ILCS 5/18c-4402
(625 ILCS 5/18c-4402) (from Ch. 95 1/2, par. 18c-4402)
Sec. 18c-4402.
Registration Standards.
The Commission shall not issue a registration until after the
carrier has:
(1) Properly filed an application for registration; and
(2) Complied with Commission regulations and orders regarding:
(a) Application, franchise, franchise renewal, and other
fees and levies; and
(b) Proof of insurance.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-4403
(625 ILCS 5/18c-4403) (from Ch. 95 1/2, par. 18c-4403)
Sec. 18c-4403.
Issuance of registrations.
The Commission may issue registrations to any qualified applicant
authorizing bona fide intrastate public carrier or interstate operations,
if it is found that
the applicant is fit, willing, and able to provide service in
conformity with the requirements of this Chapter, Commission
regulations and orders.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-4404
(625 ILCS 5/18c-4404) (from Ch. 95 1/2, par. 18c-4404)
Sec. 18c-4404.
Revocation of Registrations.
The Commission may revoke any registration if it determines that
the carrier has failed to comply with this Chapter, Commission
regulations or orders, or with any other statute or regulation of
this State relating to the privilege of operating motor vehicles
over the public roads of the State.
(Source: P.A. 84-796.)
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