Section 1308.10  Unlawful Operations

 

The enumeration of violations in this Part does not constitute an exhaustive listing of all violations of the Illinois Commercial Transportation Law (Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c-1101 et seq.) or any individual section thereof.

 

Section 1308.20  Aiding and Abetting – Rates

 

For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets a licensed carrier in a violation of Sections 18c-3206 and 18c-4104(1)(j) of the Law when either:

 

a)         The person hires a carrier to provide transportation services, and:

 

1)         is informed by the carrier of the rate to be charged for the services to be performed, which rate is specified in a lawfully applicable tariff or schedule on file with the Commission; and

 

2)         is billed by the carrier at that rate; and

 

3)         without good cause, intentionally pays the carrier an amount different from the amount billed by the carrier; or

 

b)         The person offers to hire a carrier to provide transportation services at a rate which the person knows:

 

1)         is not specified in a lawfully applicable tariff or schedule on file with the Commission; and

 

2)         cannot legally become effective prior to the time the transportation services are to be provided by the carrier; or

 

c)         The person, without sufficient cause, fails or refuses to pay to a carrier the amount of undercharges which the Commission has ordered the carrier to collect from that person.  The fact that the person and the carrier had negotiated a rate other than the rate specified in a lawfully applicable tariff or schedule shall not constitute sufficient cause.

 

d)         The unintentional or accidental payment of a rate different from the rate contained in a lawfully applicable tariff will not constitute aiding and abetting.

 

Section 1308.30  Aiding and Abetting – Authority

 

For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets another in a violation of Section 18c-4104(1)(a) of the Law when the person receives service from a person who is not licensed by or registered with the Commission to perform the service rendered.