(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 |
| a tariff, in whole or in part, during the pendency of a proceeding to consider the reasonableness of the tariff, or to consider whether the tariff is discriminatory, or to consider whether the tariff otherwise violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the tariff. The suspension shall remain in effect for the period allowed under this Chapter unless the Commission order provides for a shorter period of suspension. At the end of the statutory suspension period the suspension may be extended by agreement of the parties; otherwise, the tariff shall go into effect. The statutory suspension period is:
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(i) Seven months for public carriers and
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| household goods common carriers;
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(ii) One hundred and twenty days for motor
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| carriers of passengers; and
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(iii) Five months for rail carriers, unless the
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| period is extended for an additional 3 months in accordance with provisions of the Interstate Commerce Act.
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(b) Suspension of schedules. The Commission may
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| suspend a household goods contract carrier schedule, in whole or in part, during the pendency of a proceeding to consider whether the schedule violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the schedule. The suspension shall remain in effect for 7 months unless the Commission order provides for a shorter period of suspension. At the end of this period, the suspension may be extended by agreement of the parties; otherwise, the schedule shall go into effect.
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(c) Burden of proof in investigation proceedings. The
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| burden of proof in an investigation proceeding shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate.
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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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| tariff or file notice of cancellation of the schedule, in whole or in part;
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(b) Publish and file a new tariff or file a new
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| schedule containing rates and provisions prescribed by the Commission; and
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(c) Repay any overcharges or collect any
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| undercharges, and, except with regard to household goods carriers, pay reparations.
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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-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 |
| reparations. The Commission may, in accordance with Section 18c-2101 of this Chapter, order any carrier to pay to one or more shippers the amount by which the carrier received compensation greater than the rates and charges specified in tariffs or schedules in effect at the time the carrier rendered the transportation or other service in connection therewith. The Commission may likewise, in accordance with Section 18c-2101 of this Chapter, order any carrier other than a household goods carrier to pay to one or more shippers the amount by which the carrier received compensation greater than reasonable rates and charges as determined by the Commission.
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(b) Collection of undercharges. The Commission may,
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| in accordance to Section 18c-2101 of this Chapter, order any carrier to make all reasonable efforts to collect from one or more shippers the difference between amounts collected and the amount of compensation specified in tariffs or schedules in effect at the time the transportation or other service in connection therewith was rendered.
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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-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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