[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Re-enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 001 ] |
91_HB1676
LRB9102242KSsbA
1 AN ACT creating the Intermodal Trailer, Chassis, and
2 Container Safety Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short Title. This Act may be cited as the
6 Intermodal Trailer, Chassis, and Container Safety Act.
7 Section 5. Definitions. For purposes of this Act:
8 "Department" means the Department of State Police.
9 "Equipment interchange agreement" means a written
10 document executed by the intermodal equipment provider and
11 operator at the time the equipment is interchanged by the
12 provider to the operator.
13 "Equipment provider" means any railroad, railroad
14 subsidiary or affiliated company, forwarding company, water
15 carrier, steamship line, vehicle equipment leasing company,
16 or anyone acting as the agent of such entities authorizing
17 delivery or physical possession of an intermodal vehicle with
18 a motor carrier.
19 "Federal motor carrier safety regulations" means
20 regulations promulgated by the United States Department of
21 Transportation governing the condition and maintenance of
22 commercial motor vehicles contained in Title 49 of the United
23 States Code of Federal Regulations on the day of enactment of
24 this Act or as amended or revised by the United States
25 Department of Transportation thereafter.
26 "Interchange" means the act of providing a vehicle to a
27 motor carrier by an equipment provider for the purpose of
28 transporting the vehicle for loading or unloading by another
29 party or the repositioning of the vehicle for the benefit of
30 the equipment provider. "Interchange" does not include the
31 leasing of the vehicle by a motor carrier from an
-2- LRB9102242KSsbA
1 owner-operator pursuant to subpart B of Part 376 of Title 49
2 of the Code of Federal Regulations or the leasing of a
3 vehicle to a motor carrier for use in the motor carrier's
4 over-the-road freight hauling operations.
5 "Operator" means a motor carrier or driver of a
6 commercial motor vehicle.
7 "Vehicle" means an intermodal trailer, chassis, or
8 container.
9 Section 10. Responsibility of equipment provider. An
10 equipment provider shall not interchange or offer for
11 interchange a vehicle with an operator for use on a highway
12 which vehicle is in violation of the requirements contained
13 in the federal motor carrier safety regulations. It is the
14 responsibility of the equipment provider to inspect and, if a
15 vehicle at the time of inspection does not comply with all
16 federal motor carrier safety regulation requirements, perform
17 the necessary repairs on, all vehicles prior to interchanging
18 or offering for interchange.
19 Section 15. Right of inspection by the operator. Before
20 interchanging a vehicle with an operator, an equipment
21 provider must provide the operator the opportunity and
22 facilities to perform a visual inspection of the equipment to
23 determine if it complies with the provisions of the federal
24 motor carrier safety regulation capable of being determined
25 from an inspection. If the operator determines that the
26 vehicle does not comply with the provisions of the federal
27 motor carrier safety regulations, the equipment provider
28 shall immediately perform the necessary repairs to the
29 vehicle so that it complies with the federal motor carrier
30 safety regulations or shall immediately provide the operator
31 with another vehicle.
-3- LRB9102242KSsbA
1 Section 20. Presumption of defect prior to interchange.
2 (a) If as a result of a roadside inspection by the
3 Department, any of the defects listed in subsection (b) are
4 discovered within 5 days of the date of the tendering or
5 interchange of a vehicle to an operator, as indicated on the
6 equipment interchange agreement, it shall be presumed that
7 the defect existed at the time of the interchange. If a
8 summons or complaint is issued to the operator, the operator
9 may seek relief pursuant to subsection (c).
10 (b) The following are all defects which, if discovered
11 within 5 days of the date of the tendering or interchange of
12 a vehicle to an operator, as indicated on the equipment
13 interchange agreement, shall be presumed to have existed at
14 the time of the interchange:
15 (1) There is a defect with the brake adjustments
16 when the push rod travel exceeds limits.
17 (2) There is a defect with the brake drum when:
18 (A) the drum cracks;
19 (B) the lining is an improper thickness,
20 loose, or missing; or
21 (C) the lining is saturated with oil.
22 (3) There is the a defect of inoperative brakes
23 when:
24 (A) there is no movement of any components;
25 (B) there are missing, broken, or loose
26 components; or
27 (C) there are mismatched components.
28 (4) There is a defect with the air lines and tubing
29 when:
30 (A) there is a bulge and swelling;
31 (B) there is an audible leak other than a
32 proper connection; or
33 (C) there are air lines broken, cracked, or
34 crimped.
-4- LRB9102242KSsbA
1 (5) There is a defect with the reservoir tank when
2 there is any separation of original attachment points.
3 (6) There is a defect with the frames when:
4 (A) there is any cracked, loose, sagging, or
5 broken frame members which measure one and one-half
6 inch in web or one inch or longer in bottom flange
7 or any crack extending from web radius into bottom
8 flange; or
9 (B) there is any condition which causes moving
10 parts to come in contact with the frame.
11 (7) There is an electrical defect when wires are
12 chaffed.
13 (8) There is a defect with the wheel assembly when:
14 (A) there is low or no oil;
15 (B) there is oil leakage on brake components;
16 (C) there are lug nuts not properly torqued;
17 or
18 (D) the wheel bearings are not properly
19 maintained.
20 (9) There is a defect with the tires when:
21 (A) there is improper inflation;
22 (B) there is tire separation from the casing;
23 or
24 (C) there are two inches of piles exposed.
25 (10) There is defect with rim cracks when:
26 (A) there is any circumferential crack, except
27 a manufactured crack; or
28 (B) there is a lock or side ring cracked,
29 bent, broken, sprung, improperly seated, or
30 mismatched.
31 (11) There is a defect with the suspension when:
32 (A) there are spring assembly leaves broken,
33 missing, or separated; or
34 (B) there are spring hanger, u-bolts, or axle
-5- LRB9102242KSsbA
1 positioning components cracked, broken loose, or
2 missing.
3 (12) There is a defect with the chassis locking
4 pins when there is any twist lock or fitting for
5 securement that is sprung, broken, or improperly latched.
6 (c) If an operator who receives a citation for a
7 violation due to a defect in any equipment specified in
8 subsection (b) produces for the court a copy of a qualifying
9 equipment interchange agreement evidencing that the defective
10 equipment was interchanged with the operator within 5 days of
11 the citation, the citation against the operator shall be
12 dismissed. Further, the vehicle provider shall reimburse the
13 operator for any:
14 (1) fines and costs, including court costs and
15 reasonable attorneys fees, incurred as a result of the
16 citation, whether the operator is found guilty or not;
17 and
18 (2) costs incurred by the operator to repair the
19 defects specified in the citation, including any towing
20 costs incurred.
21 Section 25. Exception for motor carriers. Not
22 withstanding any other Section of this Act, if the original
23 vehicle operator is a motor carrier and interchanges the
24 vehicle to another motor carrier, or if another mode of
25 transportation or warehouse is in substantially the same
26 condition as when it was originally tendered to the motor
27 carrier, the original motor carrier is relieved of any
28 further responsibility for the condition of the vehicle.
29 Section 30. Fines and penalties. Any person violating
30 the provisions of this Act shall be fined no less than $50
31 and no more than $500 for each violation.
-6- LRB9102242KSsbA
1 Section 35. Obligation of motor carrier. Nothing in this
2 Act is intended to eliminate the responsibility and
3 obligation of a motor carrier to maintain and operate
4 vehicles in accordance with the federal motor carrier safety
5 regulations and applicable State and local laws and
6 regulations.