(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
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For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15. (c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15. (d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15. (e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates: | ||||||||||||||
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For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15. (f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates: | ||||||||||||||
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For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111. All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible. The following configurations qualify for the quarterly and annual permits: (1) 3 or more axles, total gross weight of 68,000 | ||||||||||||||
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(2) 4 or more axles, total gross weight of 76,000 | ||||||||||||||
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(3) 5 or more axles, total gross weight of 100,000 | ||||||||||||||
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(4) 6 or more axles, total gross weight of 120,000 | ||||||||||||||
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(Source: P.A. 102-124, eff. 7-23-21.)
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(625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
Sec. 15-308. Fees for overweight trucks hauling agricultural commodities.
Fees for special permits for increased axle loads to be used for hauling
agricultural commodities, as defined in subsection (e) of Section 15-301; limited continuous operation permit only, $5 per axle.
(Source: P.A. 93-971, eff. 8-20-04.)
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(625 ILCS 5/15-308.1)
Sec. 15-308.1.
Fees for moving oversize or overweight equipment to the
site of rail derailments. Fees for permits to move oversize or overweight
equipment to the sites of train derailments shall include all
equipment otherwise eligible to obtain single trip permits under normal
situations. The permit shall be valid for a period of one year and can be used
at any time for movement to the site of a train derailment during an
emergency. The amount of the fee shall be $500.
(Source: P.A. 90-273, eff. 7-30-97.)
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(625 ILCS 5/15-308.2)
Sec. 15-308.2. Fees for special permits for tow trucks. The fee for a
special permit to
operate a tow truck pursuant to subsection (n) of Section 15-301 is $50
quarterly and
$200 annually.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/15-308.3)
Sec. 15-308.3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-717, eff. 8-5-16.)
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(625 ILCS 5/15-309) (from Ch. 95 1/2, par. 15-309)
Sec. 15-309.
Fees for Moves Directly across Highway.
Fees for special permits for vehicles or vehicle combinations
exceeding the legal sizes and weights specified in this Chapter either
empty or hauling material directly across a highway making repeated
moves in the course of industrial operations, for a period of 6 months;
limited continuous operation permit only, $15.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-310) (from Ch. 95 1/2, par. 15-310)
Sec. 15-310.
Fees for Buildings and Special Moves.
Fees for special permits for moving buildings or large machines.
(a) When moved on house moving equipment or on own trucks or tracks fees
will be based on maximum overall dimensions, plus engineering investigation
and police escort fees when required; single trip only.
(b) When moved on a vehicle or vehicle combination applicable
overdimension and overweight fees shall apply; single trip only.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-311) (from Ch. 95 1/2, par. 15-311)
Sec. 15-311.
Fees for Engineering Inspections or Field Investigations.
Engineering inspections or field investigations will be made
by the Department and the following fees shall be paid by the applicant:
for normal field investigations, or for special engineering
investigations requiring assessment of work to be done on the highway
and final inspection, $40 per hour.
(Source: P.A. 84-566.)
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(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the
safety of the motoring public, the following fees shall be paid by the
applicant: (1) to the Department of Transportation: $40 per hour | ||
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(2) to the Illinois State Police: $75 per hour per | ||
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The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour. (Source: P.A. 102-505, eff. 8-20-21.)
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(625 ILCS 5/15-313) (from Ch. 95 1/2, par. 15-313)
Sec. 15-313.
Supplemental Permit Fee.
The Department shall collect a fee of $5 and other
applicable fees to cover the cost of processing an application for
supplemental special permit. This fee shall be charged for each
supplemental special permit issued. In addition, if the supplemental
permit provides for an increase in size or weight or both over that
specified in the original special permit, additional fees shall be
charged as provided in Sections 15-303 through 15-312 as applicable, to
correct for the increase.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-314) (from Ch. 95 1/2, par. 15-314)
Sec. 15-314. Payment of fees. The Department shall prescribe the time
and method of payment of all appropriate fees authorized by Section 15-302
through 15-313.
The Department may, at its discretion, establish credit accounts with billing
to be made at intervals not exceeding one month.
Failure to pay invoices in full within a period of 30 days after the billing
date shall be sufficient cause for the Department to withhold issuance of
any further permits or credit to the individual, company, or subsidiary firm.
The Department is authorized to charge a service fee of $3 for a dishonored payment
returned for any reason. All money received by the
Department under the provisions of this Section shall be deposited in
the Road Fund. No refund shall be made to applicant following issuance
of a permit if move is not completed.
(Source: P.A. 99-324, eff. 1-1-16 .)
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(625 ILCS 5/15-315) (from Ch. 95 1/2, par. 15-315)
Sec. 15-315.
Exemptions to requirement of fees.
(a) The requirements as to fees authorized by Sections 15-302 through
15-314 shall not apply to the owner of the vehicle or vehicle combination
if owned by the United States, this State, or any political subdivision of
this State, or any municipality therein.
(b) The provisions of Sections 15-302 through 15-314 requiring fees for
a permit shall not modify, alter or in any manner affect either the
provisions of Section 15-301, or the policy of the
Department adopted for the administration of this Chapter.
(Source: P.A. 83-831 .)
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(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may restrict right to use highways.
(a) Except as provided in subsection (g), local authorities with
respect to highways under their jurisdiction may by ordinance or resolution
prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such
highway, for a total period of not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar
year, whenever any said highway by reason of deterioration, rain, snow, or
other climate conditions will be seriously damaged or destroyed unless the
use of vehicles thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall not be effective unless and until such signs are erected
and maintained. To be effective, an ordinance or resolution passed to designate a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department.
(c) Local authorities with
respect to highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with Section 6-201.22 of the Illinois Highway Code. (d) The Department shall likewise have authority as hereinbefore
granted to local authorities to
determine by resolution and to impose restrictions as to the weight of vehicles
operated upon any highway under the jurisdiction of said department, and such
restrictions shall be effective when signs giving notice thereof are erected
upon the highway or portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this Section, the owner
or driver of the vehicle shall be deemed guilty of a violation and either the
owner or the driver of the vehicle may be prosecuted for the violation. Any
person, firm, or corporation convicted of violating this Section shall be fined
$50 for any weight exceeding the posted limit up to the axle or gross weight
limit allowed a vehicle as provided for in subsections (a) or (b) of Section
15-111 and $75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight limit
ordinance applying to county highways within its corporate limits and is
entitled to the proceeds of any fines collected from the enforcement.
(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank
vehicles
to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit. (Source: P.A. 101-328, eff. 1-1-20 .)
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(625 ILCS 5/15-317) (from Ch. 95 1/2, par. 15-317)
Sec. 15-317.
Special weight limitation on elevated structures.
(a) No person shall operate a vehicle or combination of vehicles over a
bridge or other elevated structure constituting a part of a highway with a
gross weight which is greater than the maximum weight permitted by the
Department, when such structure is sign posted as provided in this Section.
(b) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
such structure cannot with safety to itself withstand the weight of
vehicles otherwise permissible under this Chapter the Department shall
determine and declare the maximum weight of vehicles which such structure
can withstand, and shall cause or permit suitable signs stating maximum
weight to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes conclusive evidence
of the maximum weight which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-319) (from Ch. 95 1/2, par. 15-319)
Sec. 15-319.
(Repealed).
(Source: P.A. 83-831. Repealed by P.A. 100-728, eff. 1-1-19 .)
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(625 ILCS 5/Ch. 16 heading) CHAPTER 16.
ENFORCEMENT, PENALTIES AND DISPOSITION
OF FINES AND FORFEITURES, AND CRIMINAL CASES
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(625 ILCS 5/Ch. 16 Art. I heading) ARTICLE I.
ENFORCEMENT, PENALTIES AND
DISPOSITION OF FINES AND FORFEITURES
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(625 ILCS 5/16-101) (from Ch. 95 1/2, par. 16-101)
Sec. 16-101.
Applicability.
The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof.
(Source: P.A. 82-1011.)
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(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/16-102.5)
Sec. 16-102.5.
Enforcement by municipality.
(a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3-413 or Section 11-1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3-413 or Section 11-1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413 or
Section 11-1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98; 91-487, eff. 1-1-00.)
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(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation committed.
Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in the warrant. On setting the conditions of pretrial release, the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and conditions of pretrial release, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such acknowledgment by the defendant of his or her receiving the conditions of pretrial release or drivers license to the
court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22 .)
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(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104.
Penalties.
Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. (Repealed). (Source: P.A. 97-931, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104b)
Sec. 16-104b. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104c) Sec. 16-104c. (Repealed).
(Source: P.A. 96-625, eff. 1-1-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d) Sec. 16-104d. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d-1) Sec. 16-104d-1. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104e) Sec. 16-104e. Minimum penalty for traffic offenses. Unless otherwise disposed of prior to a court appearance in the same matter under Supreme Court Rule 529, a person who, after a court appearance in the same matter, is found guilty of or pleads guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay a fine that may not be waived. Nothing in this Section shall prevent the court from ordering that the fine be paid within a specified period of time or in installments under Section 5-9-1 of the Unified Code of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.) |
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the | ||
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2. Except as provided in paragraph 4, for offenses | ||
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3. Notwithstanding subsections 1 and 2 of this | ||
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4. With regard to violations of overweight and | ||
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-105.5)
Sec. 16-105.5.
Payment to municipality.
All revenues derived from the
issuance of citations for violations of subsection (f) of Section 3-413 of
this Code or a similar local ordinance that are required to be paid to a
municipality under this Code shall be deposited into the general fund of the
municipality.
(Source: P.A. 90-513, eff. 8-22-97.)
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(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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(625 ILCS 5/16-106.3) Sec. 16-106.3. Erroneous appearance date. In any case alleging a violation of this Code or similar local ordinance which would be chargeable as a misdemeanor, a case shall not be dismissed due to an error by the arresting officer or the clerk of the court, or both, in setting a person's first appearance date, subject to the right of speedy trial provided under Section 103-5 of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-694, eff. 1-1-10.) |
(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to | ||
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(2) the location where the violation was alleged to | ||
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(3) the name of the person cited for committing the | ||
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court | ||
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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(625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
Sec. 16-107. Appearance of parent or guardian of minor in certain court
proceedings - Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances.
(b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act:
1) Sections 3-701, 3-702 and 3-703;
2) Sections 4-102, 4-103, 4-104 and 4-105;
3) Section 6-101, subsections (a), (b) and (c) of | ||
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4) Sections 11-203 and 11-204, subsection (b) of | ||
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(Source: P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/16-108)
Sec. 16-108. Claims of diplomatic immunity.
(a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9-3 or Section 9-3.2 of the
Criminal Code
of 2012 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance.
(b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall:
(1) as soon as practicable contact the U.S. | ||
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(2) record all relevant information from any driver's | ||
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(3) within 5 workdays after the date of the stop, | ||
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(A) a vehicle crash report, if the driver was | ||
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(B) if a citation or charge was issued to the | ||
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(C) if a citation or charge was not issued to the | ||
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(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall:
(1) file each vehicle crash report, citation or | ||
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(2) keep convenient records or make suitable | ||
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(A) conviction;
(B) disposition of court supervision for any | ||
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(C) vehicle crash; and
(3) send a copy of each document and record described | ||
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(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/Ch. 16 Art. II heading) ARTICLE II.
PARTIES IN CRIMINAL CASES
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(625 ILCS 5/16-201) (from Ch. 95 1/2, par. 16-201)
Sec. 16-201.
Parties to a crime.
Every person who commits, attempts to commit, conspires to commit, or
aids, or abets in the commission of any act declared to be a crime, whether
individually or in connection with one or more other persons or as
principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Act is likewise guilty of such offense.
(Source: P.A. 76-1586.)
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(625 ILCS 5/16-202) (from Ch. 95 1/2, par. 16-202)
Sec. 16-202.
Offenses by persons owning or controlling vehicles.
It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or knowingly to
permit the operation of such vehicle upon a highway in any manner contrary
to law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 17 heading) CHAPTER 17.
ILLINOIS HIGHWAY SAFETY LAW
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(625 ILCS 5/17-101) (from Ch. 95 1/2, par. 17-101)
Sec. 17-101.
Powers and duties of governor.
The Governor, in addition to other duties and responsibilities
conferred upon him by the constitution and laws of this State is
empowered to contract and to do all other things necessary in behalf of
this State to secure the full benefits available to this State under the
Federal Highway Safety Act of 1966, as amended, and in so doing, to
cooperate with Federal and State agencies, agencies private and public,
interested organizations, and with individuals, to effectuate the
purposes of that enactment, and any and all subsequent amendments
thereto. The Governor is the official of this State having the ultimate
responsibility for dealing with the Federal Government with respect to
programs and activities pursuant to the National Highway Safety Act of
1966 and any amendments thereto. To that end he shall coordinate the
activities of the Secretary of State and the State Board of Education
and of any and all departments and agencies of this State
and its subdivisions, relating thereto.
(Source: P.A. 81-1508.)
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(625 ILCS 5/Ch. 18a heading) CHAPTER 18a.
ILLINOIS COMMERCIAL RELOCATION
OF TRESPASSING VEHICLES LAW
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(625 ILCS 5/Ch. 18a Art. I heading) ARTICLE I.
DEFINITIONS, POLICY AND JURISDICTION
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(625 ILCS 5/18a-100) (from Ch. 95 1/2, par. 18a-100)
Sec. 18a-100.
Definitions.
As used in this Chapter: (1) "Commercial
vehicle relocator" or "relocator" means any person or entity engaged in the
business of removing trespassing vehicles from private property by means of
towing or otherwise, and thereafter relocating and storing such vehicles;
(2) "Commission" means the Illinois Commerce Commission;
(3) "Operator" means any person who, as an employee of a commercial
vehicle relocator, removes trespassing vehicles from private property by
means of towing or otherwise. This term includes the driver of any
vehicle used in removing a trespassing vehicle from private property, as
well as any person other than the driver who assists in the removal of a
trespassing vehicle from private property;
(4) "Operator's employment permit" means a license issued to an operator
in accordance with Sections 18a-403 or 18a-405 of this Chapter;
(5) "Relocator's license" means a license issued to a commercial vehicle
relocator in accordance with Sections 18a-400 or 18a-401 of this Chapter;
(6) "Dispatcher" means any person who, as an employee or agent of a
commercial vehicle relocator, dispatches vehicles to or from locations from
which operators perform removal activities; and
(7) "Dispatcher's employment permit" means a license issued to a
dispatcher in accordance with Sections 18a-407 or 18a-408 of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
Sec. 18a-101.
Declaration of policy and delegation of jurisdiction.
It
is hereby declared to be the policy of the State of Illinois to supervise
and regulate the commercial removal of trespassing vehicles from private
property, and the subsequent relocation and storage of such vehicles in
such manner as to fairly distribute rights and responsibilities among vehicle
owners, private property owners and commercial vehicle relocators, and for
this purpose the power and authority to administer and to enforce the provisions
of this Chapter shall be vested in the Illinois Commerce Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-102) (from Ch. 95 1/2, par. 18a-102)
Sec. 18a-102.
Local regulation.
Nothing contained in this
Chapter shall be construed to infringe upon the right of
non-home rule units of local government to regulate the
commercial relocation of vehicles in a manner consistent with,
or in addition to, State or federal laws or regulations. Nothing
in this Chapter shall constitute a limitation on the authority of
any home rule unit; however, the provisions of this Chapter shall
remain in full force and effect in home rule units notwithstanding
any applicable ordinances of home rule units.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-103) (from Ch. 95 1/2, par. 18a-103)
Sec. 18a-103.
Review.
A person aggrieved by an order of the Commission
under this Chapter is entitled, in addition to any other remedy, to a
review thereof by the Circuit Court in accordance with the Administrative
Review Law, as amended.
(Source: P.A. 82-783.)
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(625 ILCS 5/18a-104) (from Ch. 95 1/2, par. 18a-104)
Sec. 18a-104.
Towing performed pursuant to police order.
Nothing contained
in this Chapter shall be construed to regulate or otherwise affect towing
performed by any relocator pursuant to the order of a law enforcement official
or agency in accordance with Sections 4-201 through 4-214 of the Illinois Vehicle Code.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
Sec. 18a-105. Exemptions. This Chapter shall not apply to the
relocation of motorcycles.
Such relocation shall be governed by the provisions of Section 4-203
of this Code.
(Source: P.A. 95-407, eff. 1-1-08; 95-562, eff. 7-1-08.)
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(625 ILCS 5/Ch. 18a Art. II heading) ARTICLE II.
DUTIES AND POWERS
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(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The Commission shall:
(1) Regulate commercial vehicle relocators and their employees or agents in
accordance with this Chapter and to that end may establish reasonable
requirements with respect to proper service and practices relating
thereto;
(2) Require the maintenance of uniform systems of accounts, records
and the preservation thereof;
(3) Require that all drivers and other personnel used in relocation be
employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the exercise of
powers conferred upon it by this Chapter, and reasonable rules governing
investigations, hearings and proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or removal of trespassing
vehicles from private property. The rates shall not exceed the mean average of
the 5 highest rates for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of this Code and that
are of record at hearing; provided that the Commission shall not re-calculate
the maximum specified herein if the order containing the previous calculation
was entered within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in excess of 24
hours, of the vehicles in connection with the towing or removal; however,
no relocator shall impose charges for storage for the first 24 hours
after towing or removal. Set reasonable rates for other services provided
by relocators, provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a
relocator for the use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total amount that shall
not exceed the maximum reasonable rate established by the Commission. The
Commission shall require a relocator to refund any amount charged in excess
of the reasonable rate established by the Commission, including any fee for
the use of a credit card;
(7) Investigate and maintain current files of the criminal records,
if any, of all relocators and their employees and of all applicants for
relocator's license, operator's licenses and dispatcher's licenses. If the
Commission determines that an applicant for a license issued
under this Chapter will be subjected to a criminal history records
check, the applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record
information databases now and hereafter filed. The Illinois State Police
shall charge the applicant a
fee
for conducting the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish pursuant to
positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment permits, and
operator's employment permits in accordance with Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking relocator
licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any
person, organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator, operator, dispatcher,
or person otherwise required to comply with any provision of this Chapter
or any rule promulgated hereunder, has failed to comply with any
provision or rule;
(11) Whenever the Commission receives notice from the Secretary of State
that any domestic or foreign corporation regulated under this Chapter has
not paid a franchise tax, license fee or penalty required under the Business
Corporation Act of 1983, institute proceedings
for the revocation of the license or right to engage in any business
required under this Chapter or the suspension thereof until such time as
the delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18a-201) (from Ch. 95 1/2, par. 18a-201)
Sec. 18a-201.
Additional officers and employees.
The Commission, for
the purpose of more effectively carrying out the provisions of this Chapter,
shall obtain pursuant to the provisions of the "Personnel Code" such officers
and employees as it may deem necessary to carry out the provisions of this
Chapter or to perform the duties and exercise the powers conferred by law
upon the Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/Ch. 18a Art. III heading) ARTICLE III.
REQUIREMENTS AND PROHIBITIONS
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(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful practices. It
shall be unlawful for any commercial vehicle relocator:
(1) To operate in any county in which this Chapter is | ||
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(2) To employ as an operator, or otherwise so use the | ||
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(3) To employ as a dispatcher, or otherwise so use | ||
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(4) To operate upon the highways of this State any | ||
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(A) There is painted or firmly affixed to the | ||
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(B) There is carried in the power unit of the | ||
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(5) To operate upon the highways of this State any | ||
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(6) To advertise in any newspaper, book, list, | ||
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(7) To remove any vehicle from private property | ||
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(8) To charge the private property owner, who | ||
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(9) To remove a vehicle when the owner or operator of | ||
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(10) To remove any vehicle from property on which | ||
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(11) To fail to notify law enforcement authorities in | ||
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(12) To impose any charge other than in accordance | ||
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(13) To fail, in the office or location at which | ||
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(13.1) To fail to distribute to each owner or | ||
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(13.2) To fail, in the office or location at which | ||
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(14) To remove any vehicle, otherwise in accordance | ||
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(15) To fail to make a telephone number available to | ||
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Apart from any other penalty or liability authorized | ||
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(16) To use equipment which the relocator does not | ||
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(17) To use drivers or other personnel who are not | ||
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(18) To fail to refund any amount charged in excess | ||
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(19) To violate any other provision of this Chapter, | ||
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(20) To engage in the removal of a commercial motor | ||
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(Source: P.A. 99-438, eff. 1-1-16 .)
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(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
Sec. 18a-301. Commercial vehicle relocators - Security requirements.
Every commercial vehicle relocator shall file with the Commission and have
in effect an indemnity bond or insurance policy or certificates of bonds
or insurance in lieu thereof which shall indemnify or insure the relocator
for its liability: (1) for injury to person, in an amount not less than
$100,000 to any one person and $300,000 for any one crash; (2) in case
of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one crash; and (3) in case of damage to any
vehicle relocated or stored by the relocator, in an amount not less than
$15,000 per vehicle. Any such bond or policy shall be issued by a bonding
or insurance firm authorized to do business as such in
the State of Illinois.
All certificates or indemnity bonds or insurance filed with the Commission
must show the coverage effective continuously until cancelled, and the Commission
may require such evidence of continued validity as it deems necessary.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
Sec. 18a-302.
Owner or other person in lawful possession or control
of private property - Right to employ relocation service. It shall be
unlawful for an owner or other person in lawful possession or control of
private property to remove or employ a commercial relocator to remove an
unauthorized vehicle from such property unless written notice is
provided to the effect that such vehicles will be removed, including the
name, address and telephone number of the appropriate commercial vehicle
relocator, if any. Such notice shall consist of a sign, posted in a conspicuous
place in the affected area, of a size at least 24 inches in height by 36
inches in width. Such sign shall be at least 4 feet from the ground but
less than 8 feet from the ground and shall be either illuminated or painted
with reflective paint, or both. Such sign shall state the amount of towing
charges to which the person parking may be subject.
This provision shall not be construed as prohibiting any unit
of local government from imposing additional or greater notice
requirements.
No express notice shall be required under this Section upon
residential property which, paying due regard to the circumstances and
the surrounding area, is clearly reserved or intended exclusively for
the use or occupation of residents or their vehicles.
(Source: P.A. 81-332.)
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(625 ILCS 5/18a-303) (from Ch. 95 1/2, par. 18a-303)
Sec. 18a-303.
Civil and Criminal liability.
Nothing in this Chapter shall
be construed to limit or alter the vehicle owner's civil or criminal liability
for trespass. Nothing in this Chapter shall be construed to limit or alter
the civil or criminal liability of any person or entity for any
act or omission. All penalties accruing under this Law shall be cumulative
of each other and a suit for recovery of one penalty shall not bar or affect
the recovery of another penalty.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-304) (from Ch. 95 1/2, par. 18a-304)
Sec. 18a-304.
Operators - Unlawful Practices.
It shall be unlawful for any operator:
(1) To act as an operator without a valid, current operator's employment permit.
(2) To violate any other provision of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-305) (from Ch. 95 1/2, par. 18a-305)
Sec. 18a-305.
Aiding and abetting.
It shall be unlawful for any
person to aid or abet in any violation of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-306) (from Ch. 95 1/2, par. 18a-306)
Sec. 18a-306.
Equipment Leasing.
Provisions in Section 18c-4103 of
the Illinois Commercial Transportation Law, as amended, shall likewise
govern equipment leasing by relocators except to the extent as otherwise
provided in this Law.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-307) (from Ch. 95 1/2, par. 18a-307)
Sec. 18a-307.
Enforcement.
Provisions in Article VII of subchapter 1
of the Illinois Commercial Transportation Law, governing
enforcement of the Illinois Commercial Transportation Law, shall likewise
govern the enforcement of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. IV heading) ARTICLE IV.
LICENSES
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(625 ILCS 5/18a-400) (from Ch. 95 1/2, par. 18a-400)
Sec. 18a-400.
Relocator's licenses - Applications, original determinations.
(a) Each application for a license to operate as a commercial vehicle relocator
shall be made in writing to the Commission, shall be verified under oath, shall be in
such form and contain such information as the Commission may by regulation
require, and shall be accompanied by the required application fee and
proof of security.
(b) Upon the filing of such application, the Commission shall, within
a reasonable time, fix a time and place for public hearing thereon. At least
10 days before the hearing, the Commission shall notify the applicant and
all parties of record to such proceeding of the time and place of such
hearing, by mailing a notice thereof to each such party to the address
of such party shown in the records of such proceeding. Any person having
an interest in the subject matter may appear at the hearing in support of
or in objection to the application.
(c) The applicant shall publish a notice on a form prescribed by the Commission
covering the filing of such application at least 10 days prior to the time
of the initial hearing in (i) the official newspaper selected by the Department
of Finance of the State of Illinois pursuant to Section 4 of the Illinois
Purchasing Act, and (ii) a secular newspaper of general
circulation and published in the county in the State of Illinois, wherein
the applicant or applicants propose to maintain their principal office and
place of business within the State of Illinois. The Commission may by regulation
or otherwise order applicants to give such further notice as it deems required.
The Commission may give additional notice of the filing of such application
as it may deem reasonable and proper as prescribed in its rules. The Director
of the Department of Finance of the State of Illinois for the purposes hereof
shall over his or her signature as such Director annually and immediately
upon selecting the official newspaper certify to the Illinois Commerce
Commission
the name and address of said newspaper, together with the date of expiration
of the period of one year for which said newspaper was so selected and the
Commission shall filemark each such certification as of the date it receives
the same and shall keep an official file of said certifications of said
Director conveniently available at its office in Springfield, Illinois;
provided, however, that in any and all events and for all purposes of this
Section and this Chapter, should the aforesaid Director for any reason fail
to make said certification annually, the newspaper set forth in the
certification
aforesaid of said Director filemarked by the Commission as of the most recent
date shall be the official newspaper in which publication is required hereby.
In case publication is required hereby in a newspaper published in a particular
county and no newspaper is so published, then and in that case publication
shall be made in a newspaper published in the closest county thereto which
meets the circulation requirements of this Section.
(d) The Commission shall issue a relocator's license to any qualified
applicant therefor after hearing, pursuant to an application filed, if it
is found that the applicant is fit, willing and able properly to perform
the service proposed and to conform to provisions of this Chapter and the requirements,
rules and regulations of the Commission thereunder; otherwise such application
shall be denied. The order of the Commission granting or denying a relocator's
license shall set forth the specific findings of fact on which such order
is based. Notwithstanding any other provision of this Chapter no such license
shall be issued to any person who has failed to pay any registration fee
or any tax due from such person to the State of Illinois for the privilege
of operating any motor vehicle on the public highways in the State of Illinois.
(e) Operation over the public highways of this State conducted pursuant
to a relocator's license shall be in conformity with all of the laws of
this State pertaining to motor vehicle operation over such public highways.
(f) No relocator's license shall confer
any proprietary or property rights in the use of the public highways.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-401) (from Ch. 95 1/2, par. 18a-401)
Sec. 18a-401.
Relocator's licenses - Expiration and renewal.
All relocator's
licenses shall expire 2 years from the date of issuance by the Commission.
The Commission may temporarily extend the duration of a license for the
pendency of a renewal application until formally approved or denied.
Upon filing, no earlier than
90 days nor later than 45 days prior to such expiration,
of written application for renewal, verified under oath, in such form and
containing such information as the Commission shall by regulation require,
and accompanied by the required application fee and proof of security, the
Commission shall, unless it has received information of cause not to do
so, renew the license. If the Commission has information of cause not to
renew such license, it shall so notify the applicant, and shall hold a hearing
as provided for in Section 18a-400. The Commission may at any time during
the term of the license make inquiry into the management, conduct of business,
or otherwise to determine that the provisions of this Chapter 18A and the
regulations of the Commission promulgated thereunder are being observed.
(Source: P.A. 82-616.)
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(625 ILCS 5/18a-402) (from Ch. 95 1/2, par. 18a-402)
Sec. 18a-402.
Relocator's license - Transfer.
A relocator's license is
not transferable.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-403) (from Ch. 95 1/2, par. 18a-403)
Sec. 18a-403.
Operator's or dispatcher's employment permits -
Applications, original determinations. (1) Each application for an
operator's or dispatcher's employment permit shall be made in writing to
the Commission, shall be acknowledged before a notary public, shall be in
such form and shall contain such information as the Commission may by
regulation require, and shall be accompanied by the required application
fee and proof, in a form prescribed by the Commission, that the operator
applicant has a valid driver's license issued by the Secretary of State.
(2) Upon the filing of such application, the Commission shall conduct
an investigation of the criminal record, if any, of the applicant. The
Commission shall, within 3 working days, issue to any new
applicant for an employment permit a provisional operator's or
dispatcher's employment permit unless the Commission finds that the
applicant has committed an offense for which the permit could be revoked
under Section 18a-404 of this Chapter.
This provisional employment permit shall be valid for
a period of 1 year unless suspended or revoked by order of the Commission.
At the end of 1 year, the provisional permit shall automatically become
permanent unless the permit was revoked by order of the Commission during
the preceding year. The permanent permit shall remain valid unless
suspended or revoked by order of the Commission under this law.
(3) The permit shall identify the operator or dispatcher by
name and address, and shall identify the relocator by which the operator or
dispatcher will be employed by name, address and relocator's permit
number. The permit shall be valid only when the operator or dispatcher is
employed by the relocator identified thereon.
Operation over the public highways of this State conducted pursuant
to an operator's license issued under the provisions of this Section shall
be in conformity with all the laws of this State pertaining to motor vehicle
operation over such public highways.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
Sec. 18a-404. Operator's and dispatcher's employment permits -
Revocation. (1) The Commission shall suspend or revoke the permit of
an operator if it finds that:
(a) The operator or dispatcher made a false statement | ||
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(b) The operator's or dispatcher's driver's license | ||
| ||
(c) The operator or dispatcher has been convicted, | ||
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(i) Bodily injury or attempt to inflict bodily | ||
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(ii) Theft of property or attempted theft of | ||
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(iii) Sexual assault or attempted sexual assault | ||
| ||
(d) The operator or dispatcher has, during the | ||
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(2) The Commission, upon notification and verification of any conviction
described in this Section, of any person to whom license has been issued,
occurring within the 5 years prior to such issuance or any time thereafter,
shall immediately suspend the employment permit of such person, and
issue an order setting forth the grounds for revocation. The person and
his employer shall be notified of such suspension. Such person shall not
thereafter be employed by a relocator until a final order is issued by the
Commission either reinstating the employment permit, upon a finding that
the reinstatement of an employment permit to the person constitutes no
threat to the public safety, or revoking the employment permit.
(3) If the employment permit is revoked, the
person shall not thereafter be employed by a relocator until he obtains an
employment permit license under Article IV of this Chapter.
(Source: P.A. 94-895, eff. 1-1-07; 95-331, eff. 8-21-07.)
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(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration and renewal.
All operator's employment permits shall expire 2 years from the date of
issuance by the Commission. The Commission may temporarily extend the
duration of an employment permit for the pendency of a renewal application
until formally approved or denied. Upon filing, no earlier than 90 nor
later than 45 days prior to such expiration, of written application for
renewal, acknowledged before a notary public, in such form and containing
such information as the Commission shall by regulation require, and
accompanied by the required fee and proof of possession of a valid driver's
license issued by the Secretary of State, the Commission shall, unless it
has received information of cause not to do so, renew the applicant's
operator's employment permit. If the Commission does not renew such
employment permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the employment
permit make inquiry into the conduct of the permittee to determine that the
provisions of this Chapter 18A and the regulations of the Commission
promulgated thereunder are being adhered to.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-406) (from Ch. 95 1/2, par. 18a-406)
Sec. 18a-406.
Operator's employment permits - Transfer.
An operator's
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits,
expiration and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-408) (from Ch. 95 1/2, par. 18a-408)
Sec. 18a-408.
Dispatcher's employment permit - Transfer.
A dispatcher's
employment permit is not transferable to another dispatcher or to another
relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. V heading) ARTICLE V.
RATES AND CHARGES - LIENS
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(625 ILCS 5/18a-500) (from Ch. 95 1/2, par. 18a-500)
Sec. 18a-500.
Posting of rates.
Every commercial vehicle relocator shall
print and keep open
to the public, all authorized rates and charges for towing, otherwise moving,
and storing vehicles in connection with removal of unauthorized vehicles
from private property. Such rates and charges shall
be clearly stated in terms of lawful money of the United States, and shall
be posted in such form and manner, and shall contain such information as
the Commission shall by regulation prescribe.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
Sec. 18a-501.
Liens against relocated vehicles.
Unauthorized vehicles
removed and stored by a commercial vehicle relocator in compliance with
this Chapter shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of
Section 1 of that Act relating to notice and implied consent shall be deemed
satisfied by compliance with Section 18a-302 and item (10)
of Section 18a-300. In no event shall such lien be greater than the rate
or rates established in accordance with item (6) of Section 18a-200. In no event
shall such lien be increased or altered to reflect any charge for services
or materials rendered in addition to those authorized by this Act. Every
such lien shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed credit card
receipt, a relocator shall become a holder in due course, and neither the
holder of the credit card nor the company which issued the credit card may
thereafter refuse to remit payment in the amount shown on the credit card
receipt minus the ordinary charge assessed by the credit card company for
processing the charge. The Commission may adopt regulations governing
acceptance of credit cards by a relocator.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18a Art. VI heading) ARTICLE VI.
FEES
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(625 ILCS 5/18a-600) (from Ch. 95 1/2, par. 18a-600)
Sec. 18a-600.
Relocator's license.
Each application for a license to
operate as a commercial vehicle relocator, or for a renewal of such
license, shall be accompanied by a filing fee in the amount provided or
prescribed by the Commission.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-601) (from Ch. 95 1/2, par. 18a-601)
Sec. 18a-601.
Operator's or dispatcher's employment permit.
Each
application for dispatcher's or an operator's employment permit shall be
accompanied by a filing fee in the amount provided or prescribed by the
Commission. Each application for renewal of an operator's or dispatcher's
employment permit shall be accompanied by a filing fee in the amount
provided herein or prescribed by the Commission.
(Source: P.A. 85-1209.)
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(625 ILCS 5/18a-602) (from Ch. 95 1/2, par. 18a-602)
Sec. 18a-602.
Establishment and Adjustment of Fees.
(1) General Provisions. The Commission may exercise any and all powers
with respect to establishment and adjustment of fees with respect to
commercial vehicle relocators which it may exercise with respect to motor
carriers under subsections (2), (3) and (4) of Section 18c-1501
of the Illinois Commercial Transportation Law.
(2) Initial fees. The Commission shall set initial fees by rulemaking
in accordance with Section 5-50 of the Illinois Administrative
Procedure Act. Initial fees shall be set and take effect within 60 days after
December 1, 1987. Such fees shall remain in effect until adjusted by the
Commission in accordance with subsection (1) of this Section.
(Source: P.A. 88-45.)
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(625 ILCS 5/18a-603) (from Ch. 95 1/2, par. 18a-603)
Sec. 18a-603.
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 and for
the purposes specified in Section 18c-1601 of this Code.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. VII heading) ARTICLE VII.
COUNTIES COVERED
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(625 ILCS 5/18a-700) (from Ch. 95 1/2, par. 18a-700)
Sec. 18a-700.
Counties covered.
(a) The provisions of this Chapter
apply to all the activities of relocators and operators in any counties
of 1,000,000 or more and in any county of less than 1,000,000 which adopts
regulation under this Chapter as provided in this Section.
(b) Any operation of a relocator or operator involving the removal or
storage of a given vehicle which takes place in any part in a regulated
county shall subject all the activities of the relocator and operator
involving that vehicle to regulation under this Chapter, except operations
which take place entirely within the territory of a city, village or
incorporated town excluded from this Chapter under paragraph (d).
(c) Any county of under 1,000,000 may elect to be covered under this
Chapter by the adoption of a resolution by the County Board, approved by a
majority of its members, providing that the county shall be subject to this
Chapter. The county clerk shall certify to the Commission that the County
Board has adopted the resolution. The Commission shall certify to such
County Board an effective date for the applicability of this Chapter in
such county. Such effective date shall be no earlier than 30 days from
certification to the County Board nor later than 6 months from such
certification or the beginning of the next fiscal year, whichever is last.
(d) Cities, villages and incorporated towns in counties to which the
provisions of this Chapter apply may, by resolution adopted by a majority
of the members of the corporate authorities and filed with the County Clerk
of such county and with the Illinois Commerce Commission, choose to be
excluded from the provisions of this Chapter. Upon the filing of such
resolution, the provisions of this Chapter shall not be applicable to
operations of relocators or operators which take place entirely within the
territory of such city, village or incorporated town.
(Source: P.A. 86-492.)
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(625 ILCS 5/Ch. 18B heading) CHAPTER 18B.
MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/Ch. 18B Art. I heading) ARTICLE I.
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/18b-100) (from Ch. 95 1/2, par. 18b-100)
Sec. 18b-100.
Short Title.
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter: "Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and: (1) is operated by a farm or ranch owner or operator, | ||
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(2) is being used to transport the following to or | ||
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(A) agricultural commodities; (B) livestock; or (C) machinery or supplies; and (3) if registered in this State, is: (A) registered as a farm truck under subsection | ||
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(B) operated in combination as an articulated | ||
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(C) a truck registered for 12,000 lbs. or less as | ||
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(4) is not used in for-hire motor carrier operations; | ||
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(5) has a gross vehicle weight rating (GVWR), a gross | ||
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(A) 26,001 lbs. or less, for vehicles operating | ||
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(B) greater than 26,001 lbs., operating in | ||
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(C) greater than 26,001 lbs. and traveling | ||
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(D) greater than 10,000 lbs. and traveling | ||
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"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. "Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year. "Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
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(625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
Sec. 18b-102.
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
training activities.
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-103) (from Ch. 95 1/2, par. 18b-103)
Sec. 18b-103.
Compliance with this Chapter.
Transportation by motor
vehicle of persons or property in commerce that is not in compliance with
this Chapter or any rules and regulations issued under this Act is prohibited.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
Sec. 18b-103.1.
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
misdemeanor offense.
(Source: P.A. 87-768; 88-476.)
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(625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
Sec. 18b-104.
Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs; Part 380 - Special Training Requirements; Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties; Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles | ||
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(2) Section 393.86 of Part 393 for those vehicles | ||
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(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations | ||
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(7) Paragraphs (b)(3) (insulin dependent diabetic) | ||
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(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
status.
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/18b-106) (from Ch. 95 1/2, par. 18b-106)
Sec. 18b-106.
Application of Chapter and Regulations.
Except as
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.
(Source: P.A. 86-611; 87-829.)
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(625 ILCS 5/18b-106.1)
Sec. 18b-106.1.
Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
shall
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
(Source: P.A. 92-108, eff. 1-1-02.)
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(625 ILCS 5/18b-106.2) Sec. 18b-106.2. Hours of service; utility service interruption emergencies. (a) As used in this Section: "Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code. "Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code. "Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5. "Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service. "Utility service vehicle" has the meaning set forth in 49 CFR 395.2. (b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency. (c) A utility service interruption emergency continues until: (1) the necessary maintenance or repair work is | ||
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(2) personnel used to perform necessary maintenance | ||
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(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she: (1) is the holder of a commercial driver's license; (2) is: (A) an employee; (B) an employee of a contractor; or (C) an employee of a subcontractor; of a utility service provider in an employment capacity | ||
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(3) operates a commercial motor vehicle as a utility | ||
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(e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less. (f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94-1, eff. 5-23-05.) |
(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties. Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
railroad-highway
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
may require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
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(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General. (d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
Sec. 18b-109.
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-110) (from Ch. 95 1/2, par. 18b-110)
Sec. 18b-110.
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
Sec. 18b-111.
Review Under Administrative Review Law.
All
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
hereafter amended.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(1) If as a result of a roadside inspection by the | ||
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(2) A rebuttable presumption exists that the | ||
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(A) There is a defect with the brake drum
when:
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
brakes when:
(I) there is no movement of any
components;
(II) there are missing, broken, or loose | ||
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(III) there are mismatched components.
(C) There is a defect with the air lines and | ||
| ||
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or | ||
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(D) There is a defect with the reservoir tank | ||
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(E) There is a defect with the frames
when:
(I) there is any cracked, loose, sagging, or | ||
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(II) there is any condition which causes | ||
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(F) There is an electrical defect when wires are | ||
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(G) There is a defect with the wheel assembly | ||
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(I) there is low or no oil;
(II) there is oil leakage on brake | ||
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(III) there are lug nuts that are loose or | ||
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(IV) the wheel bearings are not properly | ||
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(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the | ||
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(III) there are exposed plys or belting | ||
| ||
(I) There is defect with rim cracks when:
(I) there is any circumferential crack, | ||
| ||
(II) there is a lock or side ring cracked, | ||
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(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves broken, | ||
| ||
(II) there are spring hanger, u-bolts, or | ||
| ||
(K) There is a defect with the chassis locking | ||
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(3) If an operator receives a citation for a | ||
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(A) fines and costs, including court costs and | ||
| ||
(B) costs incurred by the operator to repair the | ||
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The equipment provider shall reimburse the operator | ||
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(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/Ch. 18C heading) CHAPTER 18C.
ILLINOIS COMMERCIAL TRANSPORTATION LAW
|
(625 ILCS 5/Ch. 18C Sub-ch. 1 heading) SUB-CHAPTER 1.
GENERAL PROVISIONS
|
(625 ILCS 5/Ch 18C Sub 1 Art I heading) ARTICLE I.
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
|
(625 ILCS 5/18c-1101) (from Ch. 95 1/2, par. 18c-1101)
Sec. 18c-1101.
Short Title.
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102.
Legislative Intent.
The General Assembly finds that:
(a) a comprehensive recodification of existing | ||
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(b) the accelerating pace of change in the | ||
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(c) an increasing incidence of unlawful activity by | ||
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Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
Sec. 18c-1103.
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation | ||
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(b) Utilizes, for the transportation of such | ||
| ||
(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used | ||
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(B) Furniture, fixtures, equipment, and the property | ||
| ||
(C) Articles, including, but not limited to, objects | ||
| ||
(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of | ||
| ||
(b) For-hire towing of wheeled property other than | ||
| ||
(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/Ch 18C Sub 1 Art II heading) ARTICLE II.
JURISDICTION AND POWER
OF THE COMMISSION
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(625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
Sec. 18c-1201.
Jurisdiction.
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202.
Enumeration of Powers.
The Commission shall have the power
to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
standards;
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
agreement;
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1203) (from Ch. 95 1/2, par. 18c-1203)
Sec. 18c-1203.
Initial Decisions.
(1) Delegation of Authority.
(a) General Delegation. The power to make an initial | ||
| ||
(b) Delegation to Examiners. The power to make | ||
| ||
(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
effective and
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204.
Transportation Division.
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
the Commission.
(a) The Compliance Program.
(i) The Compliance Program shall consist of a | ||
| ||
(ii) The police staff shall be divided into | ||
| ||
(b) The Review and Examination Program.
(i) Staff responsibility for review of all | ||
| ||
(ii) Hearing examiners in the program shall have | ||
| ||
(c) The Processing and Docketing Program. All staff | ||
| ||
(d) The Rail Safety Program. Staff responsibility for | ||
| ||
(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for | ||
| ||
(ii) The Office of Transportation Counsel shall, | ||
| ||
(f) Levels of Administration. No additional levels | ||
| ||
(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1204a) (from Ch. 95 1/2, par. 18c-1204a)
Sec. 18c-1204a.
Docketing Procedures.
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
the proceeding.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204b) (from Ch. 95 1/2, par. 18c-1204b)
Sec. 18c-1204b.
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204c) (from Ch. 95 1/2, par. 18c-1204c)
Sec. 18c-1204c.
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204d) (from Ch. 95 1/2, par. 18c-1204d)
Sec. 18c-1204d.
Staff participation.
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204e) (from Ch. 95 1/2, par. 18c-1204e)
Sec. 18c-1204e.
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education | ||
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(b) Successful completion of an accredited accounting | ||
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(c) Successful completion of an accredited legal or | ||
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(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
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(625 ILCS 5/Ch 18C Sub 1 Art III heading) ARTICLE III.
EMPLOYEE BOARDS
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(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
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(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/Ch 18C Sub 1 Art IV heading) ARTICLE IV.
MODIFICATION OF STANDARDS
AND PROCEDURES
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(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art V heading) ARTICLE V.
FEES AND TAXES
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(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for | ||
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(b) Filing fees: $100 for each application seeking a | ||
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(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a | ||
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(a-5) $15 for each motor vehicle operated by a public | ||
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(b) $7 for each motor vehicle operated by a motor | ||
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(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The | ||
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(b) Late-filing Fees to Accrue Automatically. | ||
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(c) Maximum Fees. Late-filing fees prescribed by the | ||
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(d) Effect of Failure to Make Timely Filings and Pay | ||
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(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise | ||
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(b) Filing and Other Fees. Filing and other fees | ||
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(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce | ||
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(b) The Illinois Commerce Commission may reduce by | ||
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(c) Any check altered pursuant to above shall be | ||
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(d) All applications to the Illinois Commerce | ||
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(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
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(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09 .)
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(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art VI heading) ARTICLE VI.
TRANSPORTATION REGULATORY FUND
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(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers | ||
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(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
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(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation | ||
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(i) Incurred by and for staff employed within the | ||
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(ii) Incurred exclusively in the administration | ||
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(iii) Authorized by the Transportation Division | ||
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(b) Expenses Partially Allocated to the | ||
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(i) The Executive Director, his deputies and | ||
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(ii) The legislative liaison activities of the | ||
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(iii) The activities of the Bureau of Planning | ||
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(iv) The payroll expenses of Commissioners' | ||
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(v) The internal auditor;
(vi) The in-state travel expenses of the | ||
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(vii) The Public Affairs Group, its constituent | ||
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(c) Allocation Methodology for Expenses Other Than | ||
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(d) (Blank).
(e) Allocation methodology for Commissioners' | ||
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(f) Expenses not allocable to the Transportation | ||
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(i) Commissioners' travel, except as otherwise | ||
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(ii) Commissioners' assistants except as | ||
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(iii) The Policy Analysis and Research Division, | ||
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(iv) The Chief Clerk's office, its constituent | ||
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(v) The Hearing Examiners Division, its | ||
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(vi) (Blank);
(vii) The Office of General Counsel, its | ||
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(viii) Any other expenses or portion thereof not | ||
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The constituent elements of the foregoing shall, for | ||
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(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
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(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation | ||
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(2) All expenditures from the Transportation | ||
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(3) A listing and description by function of all | ||
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(4) The methods used to allocate expenses between the | ||
| ||
(Source: P.A. 94-839, eff. 6-6-06.)
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(625 ILCS 5/Ch 18C Sub 1 Art VII heading) ARTICLE VII.
VIOLATIONS OF THE LAW
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(625 ILCS 5/18c-1701) (from Ch. 95 1/2, par. 18c-1701)
Sec. 18c-1701.
Violations Defined.
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be the duty of the Commission and of the Illinois State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a | ||
| ||
(b) Presumption of Reasonableness. Such stipulations | ||
| ||
(c) Parameters. Parameters for settlement shall be | ||
| ||
(d) Orders. Orders suspending proposed settlements | ||
| ||
(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as | ||
| ||
(b) Suspension Pending Adjudication. Where the | ||
| ||
(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice | ||
| ||
(ii) Extensions of Time. The Commission may grant | ||
| ||
(iii) Request for Hearing. If a timely written | ||
| ||
(iv) Revocation by Operation of Law. If, at the | ||
| ||
(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The | ||
| ||
(ii) Review and Acceptance of Stipulations. The | ||
| ||
(iii) Administrative Appeal of Settlements. | ||
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch 18C Sb 1 Art VIII heading) ARTICLE VIII.
SERVICE OF NOTICES,
ORDERS AND PROCESS
|
(625 ILCS 5/18c-1801) (from Ch. 95 1/2, par. 18c-1801)
Sec. 18c-1801.
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1802) (from Ch. 95 1/2, par. 18c-1802)
Sec. 18c-1802.
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch. 18C Sub-ch. 2 heading) SUB-CHAPTER 2.
PROCEEDINGS BEFORE THE
COMMISSION AND THE COURTS
|
(625 ILCS 5/Ch 18C Sub 2 Art I heading) ARTICLE I.
ADMINISTRATIVE PROCEEDINGS
BEFORE THE COMMISSION
|
(625 ILCS 5/18c-2101) (from Ch. 95 1/2, par. 18c-2101)
Sec. 18c-2101.
Hearings in household goods carrier licensing cases.
(1) Hearing required. The Commission shall issue orders in household goods
carrier licensing cases only after notice and hearing in
accordance with
the rules of practice applicable to proceedings under this Chapter.
(2) Hearing not required. Hearing shall be required in household goods
carrier licensing cases, except as provided in Sections 18c-2107 and
18c-4306 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(a) Was not opposed in a timely pleading addressed to | ||
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(b) Was opposed in a timely pleading, but such | ||
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(c) Was taken on an emergency temporary or interim | ||
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(d) Is interlocutory in nature.
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2103) (from Ch. 95 1/2, par. 18c-2103)
Sec. 18c-2103.
Rules of Practice.
(1) General Provisions.
The Commission shall adopt General and Special rules of
practice to govern administrative proceedings under this Chapter.
Such rules shall be designed to effectuate the purposes of
this Chapter. Rules of practice heretofore issued by the Commission shall
be the rules of practice applicable under this Chapter unless changed,
repealed, or supplemented by the Commission.
(2) Verification of Pleadings.
Unless otherwise expressly provided therein, the signature on
any pleading, document, or other paper filed with the
Commission on which a verification or oath is required under
applicable statutes or regulations shall constitute the
verification or oath of the signatory and no further
verification or oath shall be required. False verification
or oath shall be a violation of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2104) (from Ch. 95 1/2, par. 18c-2104)
Sec. 18c-2104.
Rules of Evidence.
The rules of evidence which apply in civil cases before the
circuit courts of this State shall, except as otherwise provided
herein, apply to proceedings before the Commission under this Chapter.
Evidence not admissible under the rules of evidence
applicable in civil courts may be admitted if it is of a type commonly
relied upon by prudent persons in the conduct of their affairs.
Objections must be made at hearing to preserve them on appeal.
Evidence may be received orally or in writing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity | ||
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(i) The person possesses a license authorizing | ||
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(ii) The proceeding involves an application for a | ||
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(iii) The entity is a municipality or other | ||
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(b) Rate Proceedings. A person shall be deemed to | ||
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(i) A carrier authorized to transport traffic | ||
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(ii) A shipper or receiver of traffic such as | ||
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(iii) An association of two or more carriers, | ||
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(iv) An organization representing employees of a | ||
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(c) Proceedings to Transfer a License. A person shall | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would, if the proposed transfer is approved, | ||
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(iii) Possesses a license authorizing all or part | ||
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(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of | ||
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(vi) Is a municipality or other political | ||
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(d) Complaint and Enforcement Proceedings. A person | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would be directly and adversely affected by | ||
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(iii) Is an organization representing employees | ||
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(e) All Proceedings. Notwithstanding the provisions | ||
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(i) Filed the pleading pursuant to which the | ||
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(ii) Is an organization representing employees of | ||
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(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2107) (from Ch. 95 1/2, par. 18c-2107)
Sec. 18c-2107.
Orders in household goods carrier authority proceedings.
(1) Emergency Proceedings Orders. The Commission may, on request, and upon
a finding that urgent and immediate public need requires emergency
temporary action, issue orders granting emergency temporary relief in
household goods carrier authority proceedings. The Commission shall promptly
post notice of any such request at a prominent location at the Commission
offices in Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and shall remain in
effect pending notice and hearing in accordance with subsection (1) of
Section 18c-2101 of this Chapter, but shall not remain in effect for a
period exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be entitled, on
request, to an oral hearing on the request for emergency temporary relief.
The filing or granting of a request for an oral hearing shall not, unless
the Commission so provides, stay
the issuance or effect of any emergency temporary order under this subsection.
(2) Interim orders. The Commission may, on request, issue interim orders
for temporary authority in household goods carrier authority proceedings
making temporary disposition of issues in a proceeding after notice and
review of verified supporting statements. Such orders shall remain in
effect pending final disposition in accordance with Section 18c-2101 of
this Chapter unless otherwise provided in the interim order or the interim
order is modified or rescinded by the Commission. Any person in opposition
to such relief shall be entitled, on request, to an oral hearing on the
request for temporary relief. The filing or granting of such a request for
an oral hearing shall not, unless the Commission so provides, stay the
issuance or effect of any interim order under this subsection. A request
for oral hearing on a request for interim relief shall, unless otherwise
specified by the party making the request for oral hearing, be construed as
a request for oral hearing on the application for permanent relief as well.
(3) Final Orders. Final orders shall be issued in household
goods carrier of
property authority proceedings only after an oral hearing.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 2 Art II heading) ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
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(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
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(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art III heading) ARTICLE III.
ADMINISTRATIVE AND JUDICIAL
ENFORCEMENT PROCEEDINGS
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(625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
Sec. 18c-2301.
Initiation of Proceedings.
The Commission may initiate
either administrative or judicial proceedings, or both, to enforce provisions
of this Chapter, and Commission regulations and orders.
In addition, any interested
person may apply to a circuit court, which has jurisdiction and venue
as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4
of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2302) (from Ch. 95 1/2, par. 18c-2302)
Sec. 18c-2302.
Governing Procedures.
Administrative enforcement proceedings initiated hereunder shall
be governed by the Commission's rules of practice. Judicial
enforcement proceedings initiated hereunder shall be governed by
the rules of procedure applicable in the courts of this State.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art IV heading) ARTICLE IV.
VENUE AND JURISDICTION
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(625 ILCS 5/18c-2401) (from Ch. 95 1/2, par. 18c-2401)
Sec. 18c-2401.
Venue and Jurisdiction in Actions for Judicial Review.
(1) Venue. Actions for judicial review under this Chapter may be filed in
the circuit courts of Sangamon or Cook Counties.
(2) Jurisdiction. Jurisdiction in actions for judicial review under this
Chapter shall be
vested in the circuit courts of Sangamon and Cook Counties.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
Sec. 18c-2402.
Venue and Jurisdiction in Actions to Enforce this Chapter.
(a) Venue in Suits for Criminal Misdemeanor Penalties. Actions in which
criminal misdemeanor penalties are sought may be brought in the county
where any part of the subject matter is located, or part of the violation(s)
occurred, or the arrest was made, and venue shall lie in that county; the
case may be transferred to another county only with the approval of the
court and the agreement of the parties.
(b) Venue in Actions Other Than Suits for Criminal Penalties. Actions
to enforce this Chapter, Commission regulations and orders, other than suits
for criminal misdemeanor penalties, may be brought in the circuit courts
of any county in which any part of the subject matter is located, or any
part of the violation(s) occurred; the case may be transferred to another
county only with the approval of the court and the agreement of the parties.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18C Sub-ch. 3 heading) SUB-CHAPTER 3.
SUBSTANTIVE PROVISIONS
APPLICABLE TO MORE THAN ONE
TRANSPORTATION MODE
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(625 ILCS 5/Ch 18C Sub 3 Art I heading) ARTICLE I.
LICENSING
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(625 ILCS 5/18c-3101) (from Ch. 95 1/2, par. 18c-3101)
Sec. 18c-3101.
Terms, Conditions, and Limitations.
The Commission may attach to the exercise of rights under any
license or other authorization issued or granted by it such
terms, conditions, and limitations as will protect the public
interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3102) (from Ch. 95 1/2, par. 18c-3102)
Sec. 18c-3102.
Geographical Restrictions.
A prima facie determination
whether transportation is within the
geographical scope of a license may be made by reference to a
copy of the official state highway map and the distance scale
shown thereon. Such a determination may be rebutted by a
showing, based on a municipal ordinance; other official document;
or commercially published map, chart or other competent evidence;
that the geographical scope of the license is other than as
represented on the official state highway map.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art II heading) ARTICLE II.
RATEMAKING
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(625 ILCS 5/18c-3201) (from Ch. 95 1/2, par. 18c-3201)
Sec. 18c-3201.
Prohibition of transportation services in the
absence of effective rates.
No common carrier by pipeline, household goods carrier, rail carrier, or
passenger carrier shall render service until such carrier has in effect
a tariff or schedule of rates applicable to such service in
compliance with this Chapter. Likewise, no such carrier shall render
service under a license issued by the Commission if the
Commission has suspended or cancelled the tariff or schedule of rates
previously in effect and applicable to such service, or if the
tariff or schedule is, by action of a party thereto or by its own
terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3202) (from Ch. 95 1/2, par. 18c-3202)
Sec. 18c-3202.
Effective Dates of New or Amended Rates.
The Commission
shall prescribe the periods of notice which
must elapse between the filing of a proposed rate and its proposed effective
date. In no case shall the Commission prescribe a notice period greater
than 30 days or the period established by a valid, preemptive federal
statute.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
Sec. 18c-3203.
Filing, publishing and posting of tariffs and schedules.
(1) General requirement of filing, publication and posting. Each
common carrier of household goods or passengers shall file,
publish, and make available for public inspection its current
tariffs (other than rail contract rate tariffs). Copies of such
tariffs shall be provided by the carrier to any member of the
public on request and at a reasonable cost. Each contract
carrier of household goods shall file its current schedule of
rates and
provisions.
(2) Tariff and schedule specifications. Tariffs and schedules filed
in accordance with this
subsection shall be in such form and contain such information as
the Commission may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff and schedule
regulations.
(3) Rejection of tariffs and schedules. The Commission may, at any time
prior to the effective date of a tariff or schedule, reject or
suspend a tariff or schedule which does not conform to its
specifications or which on its face is in violation of this Chapter,
Commission regulations or orders.
(4) Right of independent action. Each carrier subject to this
Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such carrier or in
connection with any other carrier. No carrier shall be a member of any
bureau,
tariff publishing agency, or other organization which, directly or indirectly,
prohibits such carrier from publishing and filing any rate or which requires
that such rate be published or filed by the bureau,
publishing agency,
or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)
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(625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
Sec. 18c-3204.
Rate Proceedings.
(1) Initiation of proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own motion or on
complaint.
(2) Suspension of tariffs and schedules.
(a) Suspension of tariffs. The Commission may suspend | ||
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(i) Seven months for public carriers and | ||
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(ii) One hundred and twenty days for motor | ||
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(iii) Five months for rail carriers, unless the | ||
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(b) Suspension of schedules. The Commission may | ||
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(c) Burden of proof in investigation proceedings. The | ||
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(3) Prescription of tariffs and schedules.
The Commission may prescribe tariffs where it has determined,
in accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter, Commission
regulations or orders. The Commission may prescribe
schedules where it has determined, after hearing, that a
schedule filed by a carrier is in violation of this Chapter,
Commission regulations or orders.
(4) Relief.
The Commission may, where it finds a tariff or schedule to be
in violation of this Chapter, its regulations or orders, or
finds rates or provisions in a tariff unjust, unreasonable,
or discriminatory, and in accordance with Section 18c-2102 of
this Chapter, direct the carrier to:
(a) Publish and file a supplement cancelling the | ||
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(b) Publish and file a new tariff or file a new | ||
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(c) Repay any overcharges or collect any | ||
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(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/18c-3205) (from Ch. 95 1/2, par. 18c-3205)
Sec. 18c-3205.
Ratemaking Standards.
(1) Reasonableness.
Rates for household goods common carrier service must be just, reasonable,
and not discriminatory.
(2) Factors to be Considered.
The Commission shall, in exercising its ratemaking powers
consider, among other factors, the inherent advantages of
transportation by a particular class of carriers, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with provision of such
service, and the revenue needs of carriers under honest,
economical and efficient management.
(3) Factors Not Considered.
The Commission shall not, in exercising its ratemaking
powers, consider the value of any operating authority held by
a carrier, or the value of any goodwill or earning power
connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3206) (from Ch. 95 1/2, par. 18c-3206)
Sec. 18c-3206.
Charges to conform to tariffs or schedules and
orders of the Commission.
(1) Overcharges and undercharges prohibited.
No common or contract household goods or passenger carrier shall offer,
advertise, charge,
demand, collect, or receive, in any manner, a greater,
lesser, or different compensation for transportation or for
any service in connection therewith than the rates and
charges specified in tariffs or schedules on file with the
Commission and in effect at the time the transportation or
any other service is rendered; nor shall any such carrier
offer, advertise, charge, demand, collect, or receive any
compensation for transportation or for any other service
rendered in connection therewith where there is not in effect
at the time a lawfully applicable tariff or schedule.
Likewise, no such carrier shall refund or remit, in any
manner or by any device, whether directly or indirectly, or
through any agent or otherwise, or pursuant to
Commission order, any portion of the rates or charges
specified in tariffs or schedules on file with the Commission
and in effect at the time; nor shall any such carrier extend
to any person any discount, value, privilege, or facilities
for transportation or any service rendered in connection
therewith, except as are specified in tariffs or schedules on
file with the Commission and in effect at the time.
(2) Repayment of overcharges, collection of undercharges and
reparations.
(a) Repayment of overcharges and payment of | ||
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(b) Collection of undercharges. The Commission may, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3207) (from Ch. 95 1/2, par. 18c-3207)
Sec. 18c-3207.
Zones of Rate Flexibility.
(1) Zone for Motor Carriers of Passengers.
Notwithstanding any other provisions of this Sub-chapter, the
Commission may not investigate, suspend, revise, or revoke
any single-line rate proposed by a motor carrier of
passengers, or joint rate proposed by one or more such
companies, applicable to any transportation on the grounds
that such rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter, Commission regulations and orders;
(b) The Commission was properly notified that the carrier or carriers
wish to have the rate considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than 25%.
(2) Zone for Rail Carriers.
Notwithstanding any other provision of this Sub-chapter the
Commission may not investigate, suspend, revise, or revoke
any rate proposed by a rail carrier on the grounds that such
rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter and Commission regulations;
(b) Commission was properly notified that the carrier wished
to have the rate to be considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than the amount specified under 49 U.S. Code
10707a and 10708.
(3) Commission to Adopt Regulations.
The Commission may adopt regulations specifying procedures
for determining whether a rate published by a carrier falls
within the zone of rate flexibility.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3208) (from Ch. 95 1/2, par. 18c-3208)
Sec. 18c-3208.
Joint rates and routes.
(1) Establishment by carriers.
Two or more common carriers of household goods or passengers
may
establish through routes and joint rates, provided that the
rates, and divisions and practices relating thereto, are
just, reasonable, and not discriminatory.
(2) Establishment by the Commission.
The Commission may, on its own motion or on petition or
complaint, where 2 or more carriers have failed to
establish through routes, joint rates, or divisions and
practices relating thereto, establish such routes, rates,
divisions and practices. The Commission shall take such
action only after notice and hearing to consider whether any
proposed routes, rates, divisions and practices are just,
reasonable and not discriminatory, whether any carrier has a
reasonable objection to establishment of such routes, rates,
divisions and practices, and whether such objections can be
satisfied by imposing reasonable terms and conditions on the
application of such routes, rates, divisions and practices.
The provisions of this subsection shall have no application
to household goods carriers.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3209) (from Ch. 95 1/2, par. 18c-3209)
Sec. 18c-3209.
Charges Not Part of Direct Transportation Cost.
Any agreement, arrangement, or device, or part thereof, which, as
a condition to the provision of transportation service, requires
or permits any carrier, shipper, or receiver to pay a charge to
any person, where such charge is not part of the direct cost of
transportation service, shall be void.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3210) (from Ch. 95 1/2, par. 18c-3210)
Sec. 18c-3210.
Presentation of freight bills, payment of freight
charges, and extension of credit.
Except as otherwise provided in this Chapter, this Section is applicable only
to household goods carriers.
(1) Presentation of freight bills.
Freight bills shall be presented to the person responsible
for payment of freight charges not later than the
7th day following delivery of the freight.
(2) Payment required before delivery or relinquishment of
possession.
Except as provided in subsection (3) of this Section, no
common carrier shall deliver or relinquish possession of a
shipment transported by it until all freight charges for such
shipment under lawfully applicable rates have been paid to
the carrier. Where credit has been extended in accordance
with this Section, and all freight charges on the shipment
under lawfully applicable rates have not been paid before
expiration of the period for which credit has been extended,
the carrier shall cease delivering or relinquishing
possession of the shipment and may decline to transport future
shipments until all such charges have been paid.
(3) Exception: Delivery or relinquishment of possession before
payment.
A carrier may deliver or relinquish possession of a shipment
transported by it in advance of payment of all freight
charges on the shipment under lawfully applicable rates if the
carrier has, in accordance with this Section, extended credit
to the person responsible for payment of freight charges.
(4) Extension of credit.
Credit, if extended by a carrier, must be extended without
discrimination. Credit for payment of freight charges shown
on the initial freight bill shall be for a period not to
exceed 30 days, beginning on the later of the date
of delivery or the date on which the freight bill is
presented. If freight charges shown on the initial freight bill
are paid and the carrier subsequently presents a supplemental
freight bill, the carrier may extend credit in the amount of
freight charges shown on the supplemental freight bill for an
additional period not to exceed 15 days, beginning
on the date on which the supplemental freight bill is
presented.
(5) Commission regulation of credit terms.
The Commission may regulate the extension and terms of credit
extended by carriers under this Section, and no credit shall
be extended except in accordance with such regulations.
(6) Use of U.S. Postal Service for presentation of bills or
payment of charges.
Where the United States Postal Service is used for the
presentation of freight bills or payment of freight charges,
the date of mailing, as indicated by the postmark, shall be
the date of presentation or payment.
(7) Calculation of times for extension of credit.
Time periods of extension of credit under this Section shall
commence at midnight on the date of the event (delivery or
presentation of freight bill). The initial 7 day period shall not include
Saturdays,
Sundays, or legal holidays.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3211) (from Ch. 95 1/2, par. 18c-3211)
Sec. 18c-3211.
Free or Reduced Rate Carriage.
Nothing in this Chapter shall prevent a carrier from establishing
reduced rate or free carriage rates applicable to transportation
provided for the United States, the State of Illinois, or any
municipality or subdivision of this State, where it is required
by law that the carrier providing such transportation be selected
by competitive bid. Such rates shall be filed in the form and
manner required by the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3212) (from Ch. 95 1/2, par. 18c-3212)
Sec. 18c-3212.
Statute of Limitations for Freight Charges.
(1) Collection Actions.
Actions to collect freight charges under lawfully applicable
rates must be instituted within 3 years after
rendition of the service.
(2) Reparations or Overcharge Proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years
after rendition of the service, and any action seeking
judicial enforcement of a Commission order awarding
reparations must be instituted within 1 year after
issuance of such order. Where an action seeking judicial
review of a Commission order awarding reparations is filed,
the time preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3213) (from Ch. 95 1/2, par. 18c-3213)
Sec. 18c-3213.
Application of Rate Regulations to Exempt
Traffic.
Notwithstanding any other provision of this Chapter to the contrary,
the provisions of this Article shall not apply to traffic which
is altogether exempt from Commission jurisdiction under this Chapter
or a valid, preemptive federal statute.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art III heading) ARTICLE
III. OTHER PROVISIONS COMMON
TO ALL TRANSPORTATION MODES
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(625 ILCS 5/18c-3301) (from Ch. 95 1/2, par. 18c-3301)
Sec. 18c-3301.
Certain Third Party Payments Prohibited.
Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property
in intrastate commerce under the provisions of this Chapter be
assisted in the loading or unloading of such vehicle, the shipper
or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated
with securing and compensating the person or persons providing
such assistance. It shall be unlawful to coerce or attempt to
coerce any person providing transportation of property by motor
vehicle for-hire in intrastate commerce to employ or pay one or
more persons to load or unload any part of such property onto or
from such vehicle, except that this subsection shall not be
construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or any other acts
governing labor practices.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3302) (from Ch. 95 1/2, par. 18c-3302)
Sec. 18c-3302.
Prohibition against discrimination.
It shall be unlawful for any household goods carrier, rail carrier, common
carrier by pipeline, or passenger carrier to discriminate by giving or
causing to be given any unreasonable preference or advantage to
any person or traffic, or to subject any such person or traffic
to unreasonable prejudice or disadvantage.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3303) (from Ch. 95 1/2, par. 18c-3303)
Sec. 18c-3303.
Failure to Reject or Suspend, or to Invoke
Sanctions, Not to be Construed as Acceptance.
Failure of the Commission to reject or suspend any rate,
contract, application, or other document filed with it, or to
initiate enforcement proceedings or invoke sanctions against any
person for action or violation of this Chapter, Commission
regulations or orders, shall not be construed in any proceeding of
either any administrative or judicial nature as authorization or
acceptance of such document or action, or any portion thereof.
Nothing in this Section shall be construed to affect the date on
which a rate or tariff is lawfully in effect.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3304) (from Ch. 95 1/2, par. 18c-3304)
Sec. 18c-3304.
Records and accounts.
Each household goods carrier, rail carrier, common carrier by pipeline, and
passenger carrier shall:
(1) Keep written accounts and records of its revenues, expenses,
contracts, and other activities subject to regulation under
this Chapter in accordance with regulations prescribed by the
Commission;
(2) Maintain, for a period of 3 years, copies of all
accounts and records required by Commission regulations; and
(3) Make such accounts and records available for inspection, on
request, by any authorized employee of the Commission.
Accounts and records kept pursuant to this Section shall be kept
at an office in the State of Illinois unless the Commission shall
have authorized maintenance at a location outside of the State.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch. 18C Sub-ch. 4 heading) SUB-CHAPTER 4.
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/Ch 18C Sub 4 Art I heading) ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
Sec. 18c-4101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-4102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
property operating within the State of Illinois.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
amended;
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
relocator;
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
transportation;
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
situations;
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
87-1249 .)
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(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
(a) Procure or exercise control over drivers of such | ||
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(b) Be responsible for or hold itself out to be | ||
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The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are | ||
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(c) The household goods contract carrier exercises | ||
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(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(a) Requirements for Content, Filing, and Carrying of | ||
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(b) Direction and Control of Leased Equipment. It | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)
Sec. 18c-4104.
Unlawful Operations.
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(a) Operate as an intrastate motor carrier of | ||
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(b) Operate as an intrastate household goods carrier | ||
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1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of | ||
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(d) Operate, as an intrastate household goods | ||
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(e) Operate, as an intrastate household goods | ||
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(f) Operate, as an intrastate motor carrier of | ||
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(g) Operate, as an intrastate motor carrier of | ||
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(h) Operate, as an intrastate or interstate motor | ||
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(i) Operate, as an intrastate motor carrier of | ||
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(j) Provide, as an intrastate household goods | ||
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(k) Otherwise operate as a motor carrier of property | ||
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(l) Aid or abet any other person in a violation of | ||
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(2) Provisos.
(a) Presentation of Documents at Hearing as Defense. | ||
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(b) Lease Form Prescribed by the Commission. A lease | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4105) Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void. (a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable. (b) As used in this Section: (1) "Motor carrier transportation contract" means a | ||
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(A) The transportation of property for | ||
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(B) Entrance on property by the motor carrier for | ||
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(C) A service incidental to activity described in | ||
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(2) "Promisee" means the promisee and any agents, | ||
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(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.) |
(625 ILCS 5/Ch 18C Sub 4 Art II heading) ARTICLE II.
LICENSING
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(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 | ||
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(b) To transfer a certificate, permit, or license or | ||
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(c) To convert household goods contract carrier | ||
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(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 | ||
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(b) Authorization to submit application for | ||
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(c) Additional notice prescribed by the Commission. | ||
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(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having | ||
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(b) Setting, notice, and hearing. Notwithstanding any | ||
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(c) Issuance of orders after hearing. The Commission | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4202) (from Ch. 95 1/2, par. 18c-4202)
Sec. 18c-4202.
Household goods common carrier certificates.
(1) Prerequisite to operation as a household goods common
carrier.
No person shall operate as a household goods common carrier
unless such person possesses a common carrier of household goods
certificate issued by the Commission and in good standing.
(2) Requirements for issuance.
The Commission shall grant an application for a common
carrier of household goods certificate, in whole or in part, to the extent
that
it finds that the application was properly filed; a public
need for the service exists; the applicant is fit, willing
and able to provide the service in compliance with this Chapter,
Commission regulations or orders; and the public
convenience and necessity requires issuance of the
certificate. Otherwise, the application shall be denied. The burden of
proving that the requirements for issuance of a common carrier of
household goods
certificate have been met shall be borne by the applicant.
(3) Duties and practices of household goods common carriers.
Household goods common carriers shall provide safe and adequate
transportation service to the general public within the scope
of their authorities and in compliance with this Chapter,
Commission regulations and orders. Such service shall be at
reasonable rates and without discrimination.
(Source: P.A. 89-444, eff. 1-25-96.)
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(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 | ||
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(b) Conversion to household goods common carrier | ||
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(c) Cancellation and non-renewal of contracts. | ||
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(3) Duties and practices of household goods contract carriers.
(a) Services. Household goods contract carriers shall | ||
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(b) Contracts. Each household goods contract carrier | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(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);
(b) The existing authorized carriers' services, | ||
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(c) (Blank);
(d) Any evidence bearing on the fitness, willingness, | ||
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(e) The effect which issuing the certificate or | ||
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(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 | ||
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(b) The effect which failure to issue the permit | ||
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(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 | ||
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(b) Any illegal operations of the applicant as | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
Sec. 18c-4204a.
Fitness standards.
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:
(a) Is aware of its obligations under this Chapter, | ||
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(b) Has substantially complied with applicable | ||
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(c) Possesses the equipment, facilities, financial | ||
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(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for | ||
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(b) Permanent authority. Each applicant for | ||
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(c) Findings. The order granting permanent household | ||
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(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
Sec. 18c-4206.
Dual operations.
(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing. Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.
(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter. The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
Sec. 18c-4207.
Cessation of service under a license.
No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission. If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same. If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art III heading) ARTICLE III.
TRANSFER OF LICENSES
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(625 ILCS 5/18c-4301) (from Ch. 95 1/2, par. 18c-4301)
Sec. 18c-4301.
Power of Commission to Approve Transfers.
A license issued under this Sub-chapter may be transferred, with
Commission approval, under the conditions specified in this
Article and in accordance with such rules and regulations as the
Commission may prescribe.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4302) (from Ch. 95 1/2, par. 18c-4302)
Sec. 18c-4302.
Types of Transfers Which May be Approved.
It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or
merge their properties into one business entity for the
ownership, management, or operation of the properties
theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers
jointly, to purchase, lease or contract to operate the
properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers
jointly, to acquire control of another such carrier through
ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control
of one or more such motor carriers through ownership of its
or their stock or otherwise;
(5) A person not a motor carrier of property and which has
control of one or more such carriers to acquire control of
another carrier through ownership of its stock or otherwise;
or
(6) A person to acquire possession, ownership, or control, by
means of the sale or other conveyance of a license issued by
the Commission to another person.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
Sec. 18c-4303.
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
Commission;
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
Commission.
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
Sec. 18c-4304.
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
part;
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
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(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) (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 | ||
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(b) a corporation, the stock of which is wholly owned | ||
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(c) a member or members of a partnership of which the | ||
| ||
(d) a stockholder or stockholders of the transferor | ||
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(e) the heirs of a person who dies intestate or the | ||
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(f) the heirs or legatees of the transferor pursuant | ||
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(g) a corporation, more than 50% of the stock of | ||
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(h) a corporation, all of the stock of which is | ||
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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) (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) (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) (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 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) (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 | ||
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(b) Subject any such exemption to such reasonable | ||
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(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 94-760, eff. 1-1-07.)
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(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) (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) (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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(625 ILCS 5/18c-4405)
Sec. 18c-4405.
Intrastate public carrier rate filings.
Public carriers
that voluntarily file rates under an agreement approved by the Commission under
Section 18c-4502 of this Chapter are subject to all provisions of Sub-chapter
3, Article II, and Section 18c-4501 of this Chapter 18c.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art V heading) ARTICLE V.
RATEMAKING.
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(625 ILCS 5/18c-4501) (from Ch. 95 1/2, par. 18c-4501)
Sec. 18c-4501.
Jurisdiction and power of the Commission.
(1) Power to set rates.
The Commission shall have jurisdiction and power to set the
maximum or minimum, or maximum and minimum, lawful rates for
intrastate service by common carriers of household goods, to
set the minimum lawful rates for contract carriers of
household goods, and to prescribe the form and content of
tariffs
and schedules containing such rates.
(2) Power to Establish Ratemaking Procedures.
The Commission may establish procedures for the filing,
publication, investigation, suspension and prescription of
rates. The Commission may provide that rates for particular
services will go into effect unless suspended by the
Commission, or may require that rates for such services be
approved by the Commission before going into effect.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)
Sec. 18c-4502. Collective ratemaking. (1) Application for approval.
Any carrier party to an agreement between or among 2 or more
carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between
carriers and compensation paid or received for the use of
facilities and equipment), or rules and regulations
pertaining thereto, or procedures for the joint consideration,
initiation, or establishment thereof, whether such conference,
bureau, committee, or other organization be a "for-profit" or
"not-for-profit" corporate entity or whether or not such
conference, bureau, committee or other organization is or
will be controlled by other businesses may, under such rules
and regulations as the Commission may prescribe, apply to the
Commission for approval of the agreement, and the Commission
shall by order approve any such agreement, if approval
thereof is not prohibited by subsection (3), (4), or (5) of
this Section, if it finds that, by reason of furtherance of
the State transportation policy declared in Section 18c-1103
of this Chapter, the relief provided in subsection (8) should
apply with respect to the making and carrying out of such
agreement; otherwise the application shall be denied. The
approval of the Commission shall be granted only upon such
terms and conditions as the Commission may prescribe as
necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
(2) Accounts, reporting, and internal procedures.
Each conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved
by the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and
shall submit to the Commission such reports, as may be
prescribed by the Commission, and all such accounts, records,
files, and memoranda shall be subject to inspection by the
Commission or its duly authorized representatives. Any
conference, bureau committee, or other organization described
in subsection (1) of this Section shall cause to be published
notice of the final disposition of any action taken by such
entity together with a concise statement of the reasons
therefor. The Commission shall withhold approval of any
agreement under this Section unless the agreement specifies a
reasonable period of time within which proposals by parties
to the agreement will be finally acted upon by the
conference, bureau, committee, or other organization.
(3) Matters which may be the subject of agreements approved by
the Commission.
The Commission shall not approve under this Section any
agreement between or among carriers of different classes
unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
(4) Non-applicability of Section to transfers.
The Commission shall not approve under this Section any
agreement which it finds is an agreement with respect to a
pooling, division, or other matter or transaction, to which
Section 18c-4302 of this Chapter is applicable.
(5) Independent action.
The Commission shall not approve under this Section any
agreement which establishes a procedure for the determination
of any matter through joint consideration unless it finds
that under the agreement there is accorded to each party the
free and unrestrained right to take independent action either
before or after any determination arrived at through such
procedures. The Commission shall not find that each party
has a free and unrestrained right to take independent action
if the conference, bureau, committee, or other organization
is granted by the agreement any right to engage in
proceedings before the Commission or before any court regarding
any action taken by a party to an agreement authorized by
this Section, or by any other party providing or seeking
authority to provide transportation services.
(6) Investigation of activities.
The Commission is authorized, upon complaint or upon its own
initiative without complaint, to investigate and determine
whether any agreement previously approved by it under this
Section or terms and conditions upon which such approval was
granted, is not or are not in conformity with the standard,
set forth in subsection (1), or whether any such terms and
conditions are not necessary for purposes of conformity with
such standard, and, after such investigation, the Commission
shall by order terminate or modify its approval of such
agreement if it finds such action necessary to insure
conformity with such standard, and shall modify the terms and
conditions upon which such approval was granted to the extent
it finds necessary to insure conformity with such standard or to the
extent to which it finds such terms and conditions not necessary
to insure such conformity. The effective
date of any order terminating or modifying approval, or
modifying terms and conditions, shall be postponed for such
period as the Commission determines to be reasonably
necessary to avoid undue hardship.
(7) Hearings and orders.
No order shall be entered under this Section except after
interested parties have been afforded reasonable opportunity
for hearing.
(8) Exemption from State antitrust laws.
Parties to any agreement approved by the Commission under
this Section and other persons are, if the approval of such
agreement is not prohibited by subsection (3), (4), or (5),
hereby relieved from the operation of the antitrust laws with
respect to the making of such agreement, and with respect to
the carrying out of such agreement in conformity with its
provisions and in conformity with the terms and conditions
prescribed by the Commission.
(9) Other laws not affected.
Any action of the Commission under this Section in approving
an agreement, or in denying an application for such approval,
or in terminating or modifying its approval of an agreement,
or in prescribing the terms and conditions upon which its
approval is to be granted, or in modifying such terms and
conditions, shall be construed as having effect solely with
reference to the applicability of the relief provisions of
paragraph subsection (8) of this Section.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/18c-4503) (from Ch. 95 1/2, par. 18c-4503)
Sec. 18c-4503.
Terminal Area Operations.
(1) Exemption From Rate Regulation. Except as provided in subsection
(2) of this Section, nothing contained in this Chapter shall be construed
to require any carrier engaged in the transportation of property by motor
vehicle between points wholly within a terminal area to comply with the
provisions of this Chapter with respect to the filing, publishing,
observance or enforcement of tariffs or schedules of rates with respect to
transportation wholly within any such area.
(2) Application of Section. Notwithstanding any contrary provisions
therein, the ratemaking provisions of subsection (1) of this Section shall
have no application to transportation of household goods, as defined in
Commission regulations, wholly within a county having a population of more
than 1,000,000.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VI heading) ARTICLE VI.
CAB CARDS AND IDENTIFIERS
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(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
Sec. 18c-4601. Cab Card and Identifier to be Carried and Displayed in Each
Vehicle.
(1) General Provisions.
(a) Carrying Requirement. Each motor vehicle used in | ||
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(b) Execution and Presentation Requirement. Such cab | ||
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(c) Deadlines for Execution, Carrying, and | ||
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(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing.
The provisions of subsection (1) of this Section apply to
motor vehicles used in interstate compensated intercorporate
hauling or which are leased, with drivers, to private
carriers for use in interstate commerce, as well as to other
motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(a) Exempt such carriers from the requirements of | ||
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(b) Subject any exemption to such reasonable terms | ||
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(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-4602) (from Ch. 95 1/2, par. 18c-4602)
Sec. 18c-4602.
Commission to Prescribe Cab Cards and Identifiers.
The Commission shall prescribe the cab cards and identifiers
required under Section 18c-4601 of this Chapter.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4603) (from Ch. 95 1/2, par. 18c-4603)
Sec. 18c-4603. Issuance of Cab Cards and Identifiers. (1) Applications for Cards and Identifiers.
Applications for cab cards and identifiers shall be on forms
prescribed by the Commission and shall be accompanied by the
per vehicle franchise or franchise renewal fee prescribed by
the Commission.
(2) Expiration and Renewal of Cab Cards and Identifiers. Identifiers
issued by or under authority of the
Commission shall expire automatically on January 31 of each
year, or on such other date as the Commission may prescribe.
It shall be the responsibility of each carrier to insure that
the cab cards and identifiers in its vehicles are current.
(3) Issuance of Cards and Identifiers.
Applications and fees for cab cards and identifiers may be filed
with, and cards or identifiers may be issued by, the Commission or
its agent.
The Commission shall issue intrastate cab cards and identifiers and
interstate identifiers as proof of payment of franchise and franchise
renewal fees by licensed intrastate and registered interstate carriers.
Upon payment of the intrastate fee by a licensed intrastate motor carrier
of property, the Commission shall issue a current Illinois cab card with
identifier printed thereon. Upon payment of the interstate fee, the Commission shall issue
a current Illinois interstate identifier.
(Source: P.A. 94-760, eff. 1-1-07.)
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(625 ILCS 5/18c-4604) (from Ch. 95 1/2, par. 18c-4604)
Sec. 18c-4604.
Enforcement.
It shall be a violation of this Chapter, separate and apart from any
other violation, for a person to:
(1) Operate a vehicle without a current, executed cab card and
identifier as
required by this Article;
(2) Transfer a cab card and identifier to a
vehicle other than the
vehicle for which it was originally executed, except in
accordance with Commission regulations;
(3) Use a cab card and identifier issued to another carrier or permit the use of
a cab card by another carrier except in accordance with
Commission regulations; or
(4) Fail to present a cab card and identifier as required by this
Article.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VII heading) ARTICLE VII.
IDENTIFICATION OF CARRIERS
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(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on vehicles.
(1) General requirements to be prescribed by Commission. Except as
otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the
public roads of this State unless there is painted or affixed to
both sides of the cab or power unit, in accordance with such specifications as
the Commission may prescribe, the trade name of the carrier as it
appears on the carrier's license or the carrier's recognized
logo, together with the license and registration number of the
carrier. Likewise, no interstate carrier shall operate any motor
vehicle upon the public roads of this State unless there is
painted or affixed to both sides of the cab or power unit, in accordance with
such specifications as the Commission may prescribe, the
registration or authority number of the carrier. However, except for a household goods carrier, an interstate carrier operating intrastate may operate a motor vehicle upon the public roads of this State without the intrastate authority number of the carrier painted or affixed to any side of the cab or power unit.
(2) Use of ICC-prescribed identification. Identifying information
prescribed by the Interstate Commerce Commission may be used in
satisfaction of requirements established under this Section, including
special orders granting a petition for waiver of Sections 1057.22(a) and
1057.22(c)(2) and (4), as they relate to equipment receipts, of the Lease
and Interchange of Vehicle Regulations (49 CFR 1057), in lieu of
numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any other
provision of this Section to the contrary, a motor vehicle trip leased in
accordance with this Chapter, Commission regulations and orders shall not
be required to bear the name and license number of the lessee if:
(a) the motor vehicle bears the name and license or | ||
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(b) the lessor and lessee are commonly-owned; and
(c) the vehicle carries a photocopy of a letter | ||
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(4) Rules not superseded. The authority of the Illinois Commerce
Commission to regulate the identification of motor vehicles of intrastate
and interstate carriers, engaged in the transportation of hazardous
materials, shall not supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor Carrier Safety
regulations Part 390.21, as relates now or hereafter to the markings and
identification of such vehicles.
(5) Identification on vehicles under 9,000 pounds gross vehicle weight
(GVW). Vehicles with a gross vehicle weight (GVW) less than 9,000 pounds
may, in lieu of identification required under subsection (1) of this
Section display the trade name of the carrier as it appears on the
carrier's license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner as to be
clearly legible and visible from both sides of the vehicle at a distance of
25 feet, when the vehicle is not in motion, and in accordance with such
specifications as the Commission may prescribe.
(Source: P.A. 100-369, eff. 8-25-17.)
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(625 ILCS 5/18c-4702) (from Ch. 95 1/2, par. 18c-4702)
Sec. 18c-4702.
Identification of Carrier in Advertising,
Solicitation, and other Documents.
No carrier shall use in any advertising, solicitation,
correspondence, publication, or other document connected
with its transportation service
any name other than its name or trade name as it appears on the carrier's
license or registration. Each
advertisement, solicitation, correspondence, publication, or
other document shall
contain the carrier's license or registration
number unless otherwise provided in Commission regulations or orders.
(Source: P.A. 85-553.)
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