Section 2005.10  Carrier or Shipper Responsibilities

a)         The Role of A Broker

1)         A broker shall not hold itself out to perform transportation service for a shipper.  The use of broker service shall not alter a shipper's obligation to pay the carrier all legal charges for transportation service, whether the payment is made directly or through a broker intermediary.

2)         The agreement to provide transportation service shall be between the carrier and the shipper.

b)         The responsibilities of a carrier and shipper as set out in other provisions of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) shall not be altered by the involvement of a broker in the transaction.

c)         Claims.  The involvement of a broker in the transaction shall not alter the liability of any party with respect to claims for loss or damages arising from the transaction.

d)         Defenses.  It shall not be a defense to a charge or claim of the conduct of unauthorized motor carrier service that such charged party holds a broker's license issued by the Commission.