|
Public Act 097-0595
|
| SB0959 Enrolled | LRB097 04683 HEP 44722 b |
|
|
AN ACT concerning transportation.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Illinois Vehicle Code is amended by changing |
Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and 18c-4204 as |
follows:
|
(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
|
Sec. 6-305. Renting motor vehicle to another.
|
(a) No person shall rent a motor vehicle to any other |
person unless the
latter person, or a driver designated by a |
nondriver with disabilities and
meeting any minimum age and |
driver's record requirements that are uniformly
applied by the |
person renting a motor vehicle, is then duly licensed
hereunder |
or, in the case of a
nonresident, then duly licensed under the |
laws of the State or country of
his residence unless the State |
or country of his residence does not require
that a driver be |
licensed.
|
(b) No person shall rent a motor vehicle to another until |
he has
inspected the drivers license of the person to whom the |
vehicle is to be
rented, or by whom it is to be driven, and |
compared and verified the
signature thereon with the signature
|
of such person written in his presence unless, in the case of a
|
nonresident, the State or country wherein the nonresident |
|
resides does not
require that a driver be licensed.
|
(c) No person shall rent a motorcycle to another unless the |
latter
person is then duly licensed hereunder as a motorcycle |
operator, and in the
case of a nonresident, then duly licensed |
under the laws of the State or
country of his residence, unless |
the State or country of his residence does
not require that a |
driver be licensed. |
(c-1) A rental car company that rents a motor vehicle shall |
ensure that the renter is provided with an emergency telephone |
number to personnel capable of fielding roadside assistance and |
other customer service inquiries, including the ability to |
provide the caller with the telephone number of the location |
from which the vehicle was rented, if requested by the caller. |
If an owner's manual is not available in the vehicle at the |
time of the rental, an owner's manual for that vehicle or a |
similar model shall be accessible by the personnel answering |
the emergency telephone number for assistance with inquiries |
about the operation of the vehicle.
|
(d) (Blank).
|
(e) (Blank).
|
(f) Subject to subsection (l), any person who rents a motor |
vehicle to another shall only
advertise, quote, and charge a |
rental rate that includes the entire amount
except taxes, and a |
mileage charge, and airport concession charge, if any, which a |
renter must pay to hire
or lease the vehicle for the period of |
time to which the rental rate
applies.
The person must provide, |
|
on the request of the renter, based on the
available |
information, an estimated total of the daily rental rate,
|
including all applicable taxes, fees, and other charges, or an
|
estimated total rental charge, based on the return date of the |
vehicle
noted on the rental agreement. Further, if the rental |
agreement does
not already provide an estimated total rental |
charge, the following
statement must be included in the rental |
agreement:
|
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
|
AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL |
RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN |
ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN |
DATE NOTED ON
THIS AGREEMENT."
|
Such person shall not charge in addition to the rental |
rate,
taxes, and mileage charge, and airport concession charge, |
if any, any fee which must be paid by the renter
as a condition |
of hiring or leasing the vehicle, such as, but not limited
to, |
required fuel or airport surcharges, nor any fee for |
transporting the
renter to the location where the rented |
vehicle will be delivered to the
renter. In addition to the |
rental rate, taxes, and mileage charge, and airport concession |
charge, if any,
such person may charge for an item or service |
provided in connection with a
particular rental transaction if |
the renter can avoid incurring the charge by
choosing not to |
obtain or utilize the optional item or service. Items and
|
services for which such person may impose an additional charge |
|
include, but are
not limited to, optional insurance and |
accessories requested by the renter,
service charges incident |
to the renter's optional return of the vehicle to
a location |
other than the location where the vehicle was hired or leased,
|
and charges for refueling the vehicle at the conclusion of the |
rental
transaction in the event the renter did not return the |
vehicle with as much
fuel as was in the fuel tank at the |
beginning of the rental. "Airport concession charge" means a |
charge or fee imposed and collected from a renter to reimburse |
the motor vehicle rental company for the concession fee it is |
required to pay to a local government corporate authority or |
airport authority to rent motor vehicles at the airport |
facility. The airport concession charge is in addition to any |
customer facility charge or any other charge.
|
(g) Every person renting a motor vehicle to another shall |
keep a record
of the registration number of the motor vehicle |
so rented, the name and
address of the person to whom the |
vehicle is rented, the number of the
license, if any, of said |
latter person, and the date and place when and
where the |
license, if any, was issued. Such record shall be open
to
|
inspection by any police officer or designated agent of the |
Secretary of
State.
|
(h) A person licensed as a new car dealer under Section |
5-101 of this
Code shall not be subject to the provisions of |
this Section regarding the
rental of private passenger motor |
vehicles when providing, free of charge,
temporary substitute |
|
vehicles for customers to operate during a period when
a |
customer's vehicle, which is either leased or owned by that |
customer, is
being repaired, serviced, replaced or otherwise |
made unavailable to the
customer in accordance with an |
agreement with the licensed new car dealer
or vehicle |
manufacturer, so long as the customer orally or in writing is
|
made aware that the temporary substitute vehicle will be |
covered by his or
her
insurance policy and the customer shall |
only be liable to the extent of any
amount deductible from such |
insurance coverage in accordance with the terms
of the policy.
|
(i) This Section, except the requirements of subsection |
(g), also applies
to rental agreements of 30 continuous days or |
less involving a motor
vehicle that was delivered by an out of |
State person or business to a
renter in this State.
|
(j) A public airport
may, if approved by its local |
government corporate authorities or its airport
authority, |
impose a customer facility charge upon customers of rental car
|
companies for the purposes of financing, designing, |
constructing,
operating, and maintaining consolidated car |
rental facilities and common
use transportation equipment and
|
facilities,
which are used to transport the customer, |
connecting consolidated
car rental facilities with other |
airport facilities.
|
Notwithstanding
subsection (f) of this
Section, the |
customer facility charge shall
be collected by the rental car |
company as a separate charge, and clearly
indicated as
a |
|
separate charge
on the rental agreement and invoice.
Facility |
charges shall be immediately deposited into a trust account
for |
the benefit of the airport and
remitted at the direction of the |
airport, but
not more often than once per month.
The charge |
shall be uniformly calculated on a per-contract or per-day
|
basis.
Facility charges imposed by the airport may not exceed |
the reasonable
costs of financing, designing, constructing, |
operating, and maintaining the
consolidated car rental |
facilities and common use transportation equipment and
|
facilities and may not be used for any other purpose.
|
Notwithstanding any other provision of law, the charges |
collected
under
this Section are not subject to retailer |
occupation, sales,
use,
or transaction taxes.
|
(k) When a rental car company states a rental rate in any |
of its rate
advertisements, its proprietary computer
|
reservation systems, or its in-person quotations
intended to |
apply to
an airport rental, a company that collects from its |
customers a customer
facility charge for that rental under |
subsection (j) shall do all of the
following:
|
(1) Clearly and conspicuously disclose in any radio, |
television, or other
electronic media advertisements the |
existence and
amount of the charge if the advertisement is |
intended for rentals at an airport
imposing the charge or, |
if the
advertisement covers an area with multiple airports |
with different charges, a
range of amounts of customer |
facility charges if the advertisement is intended
for |
|
rentals at an airport imposing the charge.
|
(2) Clearly and conspicuously disclose in any print |
rate advertising the
existence and
amount of the charge if |
the advertisement is intended for rentals at an airport
|
imposing the charge or, if the print rate advertisement |
covers an area with
multiple
airports with different |
charges, a range of amounts of customer facility
charges if |
the advertisement is intended for rentals at an airport |
imposing the
charge.
|
(3) Clearly and conspicuously disclose the existence |
and
amount of the charge in any telephonic, in-person, or |
computer-transmitted
quotation from the rental car |
company's proprietary computer reservation system
at the |
time of making an initial quotation of a
rental rate if the |
quotation is made by a rental car company location at an
|
airport imposing the charge and at the time of making a |
reservation of a rental
car if the reservation is made by a |
rental car company location at an airport
imposing the |
charge.
|
(4) Clearly and conspicuously display the charge in any |
proprietary
computer-assisted
reservation or transaction |
directly between the rental car company and the
customer,
|
shown or referenced on the
same page on the computer screen |
viewed by the customer as the
displayed rental rate and in |
a print size not smaller than the print size of
the rental |
rate.
|
|
(5) Clearly and conspicuously disclose
and separately |
identify the existence and amount of the charge on its |
rental
agreement.
|
(6) A rental car company that collects from its |
customers a customer
facility charge under subsection (j) |
and engages in a practice which does not
comply with
|
subsections (f), (j), and (k) commits an unlawful
practice |
within the meaning of the Consumer Fraud and Deceptive |
Business
Practices Act.
|
(l) Notwithstanding subsection (f), any person who rents a |
motor vehicle to another may, in connection with the rental of |
a motor vehicle to (i) a business renter or (ii) a business |
program sponsor under the sponsor's business program, do the |
following: |
(1) separately quote, by telephone, in person, or by |
computer transmission, additional charges for the rental; |
and |
(2) separately impose additional charges for the |
rental. |
(m) As used in this Section: |
(1) "Additional charges" means charges other than: (i) |
a per period base rental rate; (ii) a mileage charge; (iii) |
taxes; or (iv) a customer facility charge. |
(2) "Business program" means: |
(A) a contract between a person who rents motor |
vehicles and a business program sponsor that |
|
establishes rental rates at which the person will rent |
motor vehicles to persons authorized by the sponsor; or |
(B) a plan, program, or other arrangement |
established by a person who rents motor vehicles at the |
request of, or with the consent of, a business program |
sponsor under which the person offers to rent motor |
vehicles to persons authorized by the sponsor on terms |
that are not the same as those generally offered by the |
rental company to the public. |
(3) "Business program sponsor" means any legal entity |
other than a natural person, including a corporation, |
limited liability company, partnership, government, |
municipality or agency, or a natural person operating a |
business as a sole proprietor. |
(4) "Business renter" means any person renting a motor |
vehicle for business purposes or, for any business program |
sponsor, a person who is authorized by the sponsor to enter |
into a rental contract under the sponsor's business |
program. "Business renter" does not include a person |
renting as: |
(A) a non-employee member of a not-for-profit |
organization; |
(B) the purchaser of a voucher or other prepaid |
rental arrangement from a person, including a tour |
operator, engaged in the business of reselling those |
vouchers or prepaid rental arrangements to the general |
|
public; |
(C) an individual whose car rental is eligible for |
reimbursement in whole or in part as a result of the |
person being insured or provided coverage under a |
policy of insurance issued by an insurance company; or |
(D) an individual whose car rental is eligible for |
reimbursement in whole or in part as a result of the |
person purchasing motor vehicle repair services from a |
person licensed to perform those services.
|
(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
|
(625 ILCS 5/6-305.3) |
Sec. 6-305.3. Vehicle license cost recovery fee. |
(a) As used in this Section: |
"Motor vehicle Automobile rental company" means a person or |
entity whose primary business is renting motor private |
passenger vehicles to the public for 30 days or less. |
"Inspect" or "inspection" means a vehicle emissions |
inspection under Chapter 13C of this Code. |
"Rental agreement" means an agreement for 30 days or less |
setting forth the terms and conditions governing the use of a |
motor private passenger vehicle provided by a rental company. |
"Motor vehicle" means motor passenger vehicles of the first |
division and motor vehicles of the second division weighing not |
more than 8,000 pounds. |
"Vehicle license cost recovery fee" or "VLCRF" means a |
|
charge that may be separately stated and charged on a rental |
agreement in a vehicle rental transaction originating in |
Illinois to recover costs incurred either directly or |
indirectly by a motor vehicle an automobile rental company to |
license, title, register, and inspect motor vehicles. |
(b) Motor vehicle Automobile rental companies may include a |
separately stated mandatory surcharge or fee in a rental |
agreement for vehicle license cost recovery fees (VLCRF) and |
all applicable taxes. |
(c) If a motor vehicle an automobile rental company |
includes a VLCRF as separately stated charge in a rental |
agreement, the amount of the fee must represent the motor |
vehicle automobile rental company's good-faith estimate of the |
automobile rental company's daily charge as calculated by the |
motor vehicle automobile rental company to recover its actual |
total annual motor vehicle titling, registration, and |
inspection costs. |
(d) If the total amount of the VLCRF collected by a motor |
vehicle automobile rental company under this Section in any |
calendar year exceeds the motor vehicle automobile rental |
company's actual costs to license, title, register, and inspect |
for that calendar year, the motor vehicle automobile rental |
company shall do both of the following: |
(1) Retain the excess amount; and |
(2) Adjust the estimated average per vehicle titling, |
licensing, inspection, and registration charge for the |
|
following calendar year by a corresponding amount. |
(e) Nothing in subsection (d) of this Section shall prevent |
a motor vehicle automobile rental company from making |
adjustments to the VLCRF during the calendar year.
|
(Source: P.A. 96-37, eff. 7-13-09.)
|
(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
|
Sec. 18c-4201. Licensing cases.
|
(1) Scope of Section.
The provisions of this Chapter |
relating to household goods carrier
licensing apply to |
applications:
|
(a) For a license authorizing a carrier to operate as |
an intrastate
household goods carrier;
|
(b) To transfer a certificate, permit, or license or to |
change
the name on a certificate, permit, or license; and
|
(c) To convert household goods contract carrier |
authority to household
goods common carrier authority.
|
(2) Form and content of household goods carrier licensing |
applications.
Household goods carrier licensing
applications
|
shall be on such forms and contain such
information as may be |
prescribed by
the Commission, be verified under oath, and shall |
be
accompanied by the required filing fee.
|
(3) Public notice of applications.
|
(a) Review of applications prior to publication.
The |
Commission may provide for preliminary review of
each |
application to determine if it is complete, if it
gives |
|
adequate notice, and if the authority requested is
|
unenforceably vague or otherwise contrary to the
|
provisions of this Chapter.
|
(b) Authorization to submit application for |
publication.
If the Commission determines after review |
that the
application is defective in any respect, it shall
|
promptly notify the applicant. No application shall be
|
submitted to the official newspaper for publication
until |
after it has been approved for publication, if the |
Commission
has provided for preliminary review. If
the |
Commission does not find that the
application is defective, |
or if it finds that any defects have
been removed by |
amendment, the applicant shall be permitted
to submit the |
application to the official newspaper for
publication. The |
Commission shall complete its review
and notify the |
applicant within 15 days after
filing of the application.
|
(c) Additional notice prescribed by the Commission.
|
The Commission may direct applicant to give such further
|
notice in connection with its application as the
Commission |
deems necessary. The Commission may, itself,
give such |
additional notice as it deems necessary.
|
(4) Hearing on licensing applications.
|
(a) Participation at hearing.
Any person having |
standing to participate under this Chapter
may appear and |
participate in a hearing before the
Commission to the |
extent of its standing, provided that
the person has |
|
complied with Commission regulations
concerning the filing |
of petitions for leave to
intervene and like pleadings. |
Petitions for leave to intervene must be
filed within 15 |
days after publication, unless the Commission provides for
|
filing at a later date. The Commission may permit |
additional persons to
appear and participate, on such terms |
as the Commission
shall prescribe, where such |
participation is deemed
necessary to an informed
and just |
resolution of the issues in the proceeding. No shipper |
representative
shall be permitted to testify in support of |
an application for a motor common
carrier certificate or a |
motor contract carrier permit on the issue of need
for |
service unless:
|
(i) A supporting statement was filed on behalf of |
the shipper at least
10 days prior to the date of |
testimony; and
|
(ii) If the supporting statement was not filed with |
the application, the
statement was served on all |
parties of record at least 10 days prior to
the date of |
testimony.
|
(b) Setting, notice, and hearing. Notwithstanding any |
contrary provisions
in Section 18c-2101 of this Chapter, a |
hearing shall be held on each
licensing
application to |
determine that the requirements of this Chapter have been
|
satisfied, except as otherwise provided in Section |
18c-4306 of this Chapter.
The Commission shall set the |
|
hearing at a time not less than
15 days after publication |
in the official newspaper. The Commission shall
serve |
notice of hearing on each party of record.
|
(c) Issuance of orders after hearing. The Commission |
may issue summary
orders in cases where
the licensing |
application was not opposed in a timely
pleading addressed |
to
the Commission, or was opposed in a timely pleading but |
such opposition was
later withdrawn or the parties in |
opposition waived all right to
other than a summary order. |
Summary orders shall be
issued within 10 days after the |
close of oral hearing or such other period
as the |
Commission may prescribe. Where a party requests, in a |
properly
filed motion for reconsideration or rehearing, a |
detailed statement of
findings and conclusions, the
|
Commission shall vacate the summary order and issue a new |
order in
accordance with Sub-chapters 1 and 2 of this |
Chapter. Otherwise, orders
shall be issued in accordance |
with provisions of Sub-chapters 1 and 2 of this
Chapter.
|
(Source: P.A. 89-444, eff. 1-25-96.)
|
(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
|
Sec. 18c-4203. Household goods contract carrier permits.
|
(1) Prerequisite to operation as a household goods contract
|
carrier.
No person shall operate as a household goods contract |
carrier of
property unless such person possesses a household |
goods contract
carrier permit issued by the Commission and in |
|
good standing.
|
(2) Requirements for issuance.
|
(a) General requirements.
The Commission shall grant |
an application for a household goods
contract carrier |
permit, in whole or in part, to the
extent that it finds |
that the application was properly
filed; supporting |
shippers need the proposed service;
the applicant is fit, |
willing and able to provide the
service in compliance with |
this Chapter, Commission
regulations and orders; and |
issuance of the permit will
be consistent with the public |
interest. Otherwise, the
application shall be denied. The |
burden of proving that the requirements
for issuance of a |
household goods contract carrier permit have
been met shall |
be
borne by the applicant.
|
(b) Conversion to household goods common carrier |
authority.
The Commission may, at the request of the |
holder,
authorize the conversion of household goods |
contract carrier authority
to household goods common |
carrier authority, subject to the same terms,
conditions, |
limitations, and regulations as other household goods |
common
carriers.
|
(c) Cancellation and non-renewal of contracts.
|
Cancellation or non-renewal of a contract, or failure to
|
keep on file with the Commission a copy of a valid
|
contract, shall render a permit void with regard to the
|
involved shipper.
|
|
(3) Duties and practices of household goods contract |
carriers.
|
(a) Services.
Household goods contract carriers shall |
provide safe and adequate
transportation service to their |
contracting shippers
within the scope of their authorities |
and contracts and
in compliance with this Chapter, |
Commission regulations and
orders.
|
(b) Contracts.
Each household goods contract carrier |
shall file with the
Commission a copy of each contract |
executed under
authority of its permit, and shall provide |
no service
except in accordance with contracts on file with |
the
Commission. The Commission may, at any time, reject
|
contracts filed with it which do not comply with the
|
provisions of this Chapter, Commission regulations and
|
orders.
|
(Source: P.A. 89-444, eff. 1-25-96.)
|
(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
|
Sec. 18c-4204.
Standards to be considered in issuing common
|
and contract household goods carrier licenses.
The Commission |
shall exercise its discretion in regard to issuance of common
|
carrier of household goods or contract carrier
of household |
goods licenses in accordance with
standards enumerated in this |
Section.
|
(1) Standards
relevant to both
common and contract |
household goods
carrier licenses. In determining whether to |
|
issue a common carrier
of household goods
certificate or a |
contract carrier of household goods permit
under
Sections |
18c-4202 and 18c-4203 of this Chapter, the
Commission shall |
consider, in addition to other standards
enumerated in this |
Chapter:
|
(a) (Blank) The characteristics of the supporting |
shipper or shippers
transportation needs, including the |
total volume of
shipments, the amounts handled by existing |
authorized
carriers and others, the amounts which would be |
tendered
to the applicant, the nature and location of |
points
where traffic would be picked up and delivered, and |
any
special transportation needs of the supporting
shipper |
or shippers or their receiver or receivers;
|
(b) The existing authorized carriers' services, |
including
the adequacy of such services and the effect |
which
issuance of a new certificate or permit would have on
|
such services;
|
(c) (Blank) The proposed service, and whether it would |
meet the
needs of the supporting shipper or shippers;
|
(d) Any evidence bearing on the fitness, willingness, |
or
ability of the applicant, including but not limited to
|
any past history of violations of this Chapter, Commission
|
regulations or orders, whether or not such violations
were |
the subject of an enforcement proceeding; and
|
(e) The effect which issuing the certificate or permit |
would
have on the development, maintenance and |
|
preservation of
the highways of this State for commercial |
and other
public use.
|
(2) Additional standards relevant to household goods |
contract
carrier
licenses.
In determining whether to issue a |
household goods contract
carrier
permit under Section 18c-4203 |
of this Chapter, the
Commission shall consider, in addition to |
standards enumerated in
subsection (1) of this Section or |
elsewhere in this
Sub-chapter:
|
(a) Whether the proposed service is contract carrier
|
service; and
|
(b) The effect which failure to issue the permit would |
have
on the supporting shipper or shippers.
|
(3) Standards not relevant to either household goods common |
or
household goods contract
carrier licenses.
In determining |
whether to issue a household goods common carrier
certificate |
or a household goods contract carrier permit
under
Sections |
18c-4202 and 18c-4203 of this Chapter, the
Commission shall not |
consider:
|
(a) The mere preference of the supporting shipper or |
shippers or
their receiver or receivers for the applicant's |
service; or
|
(b) Any illegal operations of the applicant as evidence |
of
shipper need or the inadequacy of existing carriers'
|
services.
|
(Source: P.A. 89-444, eff. 1-25-96.)
|
Section 99. Effective date. This Act takes effect upon |