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91_HB1676enr HB1676 Enrolled LRB9102242KSsbA 1 AN ACT to amend the Illinois Vehicle Code by adding 2 Section 18b-112. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 adding Section 18b-112 as follows: 7 (625 ILCS 5/18b-112 new) 8 Sec. 18b-112. Intermodal trailer, chassis, and safety. 9 (a) Definitions. For purposes of this Section: 10 "Department" means the Department of State Police. 11 "Equipment interchange agreement" means a written 12 document executed by the intermodal equipment provider and 13 operator at the time the equipment is interchanged by the 14 provider to the operator. 15 "Equipment provider" is the owner of an intermodal 16 trailer, chassis, or container. This includes any forwarding 17 company, water carrier, steamship line, railroad, vehicle 18 equipment leasing company, and their subsidiary or affiliated 19 companies owning the equipment. 20 "Federal motor carrier safety regulations" means 21 regulations promulgated by the United States Department of 22 Transportation governing the condition and maintenance of 23 commercial motor vehicles contained in Title 49 of the United 24 States Code of Federal Regulations on the day of enactment of 25 this Act or as amended or revised by the United States 26 Department of Transportation thereafter. 27 "Interchange" means the act of providing a vehicle to a 28 motor carrier by an equipment provider for the purpose of 29 transporting the vehicle for loading or unloading by another 30 party or the repositioning of the vehicle for the benefit of 31 the equipment provider. "Interchange" does not include the HB1676 Enrolled -2- LRB9102242KSsbA 1 leasing of the vehicle by a motor carrier from an 2 owner-operator pursuant to subpart B of Part 376 of Title 49 3 of the Code of Federal Regulations or the leasing of a 4 vehicle to a motor carrier for use in the motor carrier's 5 over-the-road freight hauling operations. 6 "Operator" means a motor carrier or driver of a 7 commercial motor vehicle. 8 "Vehicle" means an intermodal trailer, chassis, or 9 container. 10 (b) Responsibility of equipment provider. An equipment 11 provider shall not interchange or offer for interchange a 12 vehicle with an operator for use on a highway which vehicle 13 is in violation of the requirements contained in the federal 14 motor carrier safety regulations. It is the responsibility of 15 the equipment provider to inspect and, if a vehicle at the 16 time of inspection does not comply with all federal motor 17 carrier safety regulation requirements, perform the necessary 18 repairs on, all vehicles prior to interchange or offering for 19 interchange. 20 (c) Right of inspection by the operator. Before 21 interchanging a vehicle with an operator, an equipment 22 provider must provide the operator the opportunity and 23 facilities to perform a visual inspection of the equipment. 24 The operator must determine if it complies with the 25 provisions of the federal motor carrier safety regulation 26 capable of being determined from an inspection. If the 27 operator determines that the vehicle does not comply with the 28 provisions of the federal motor carrier safety regulations, 29 the equipment provider shall immediately perform the 30 necessary repairs to the vehicle so that it complies with the 31 federal motor carrier safety regulations or shall immediately 32 provide the operator with another vehicle. 33 (d) Presumption of defect prior to interchange. 34 (1) If as a result of a roadside inspection by the HB1676 Enrolled -3- LRB9102242KSsbA 1 Department, any of the defects listed in paragraph (2) 2 are discovered, a rebuttable presumption existed at the 3 time of the interchange. If a summons or complaint is 4 issued to the operator, the operator may seek relief 5 pursuant to paragraph (3). 6 (2) A rebuttable presumption exists that the 7 following defects were present at the time of the 8 interchange: 9 (A) There is a defect with the brake drum 10 when: 11 (I) the drum cracks; 12 (II) the lining is loose or missing; or 13 (III) the lining is saturated with oil. 14 (B) There is a defect of inoperative brakes 15 when: 16 (I) there is no movement of any 17 components; 18 (II) there are missing, broken, or loose 19 components; or 20 (III) there are mismatched components. 21 (C) There is a defect with the air lines and 22 tubing when: 23 (I) there is a bulge and swelling; 24 (II) there is an audible air leak; or 25 (III) there are air lines broken, 26 cracked, or crimped. 27 (D) There is a defect with the reservoir tank 28 when there is any separation of original attachment 29 points. 30 (E) There is a defect with the frames when: 31 (I) there is any cracked, loose, sagging, 32 or broken frame members which measure one and 33 one-half inch in web or one inch or longer in 34 bottom flange or any crack extending from web HB1676 Enrolled -4- LRB9102242KSsbA 1 radius into bottom flange; or 2 (II) there is any condition which causes 3 moving parts to come in contact with the frame. 4 (F) There is an electrical defect when wires 5 are chaffed. 6 (G) There is a defect with the wheel assembly 7 when: 8 (I) there is low or no oil; 9 (II) there is oil leakage on brake 10 components; 11 (III) there are lug nuts that are loose 12 or missing; or 13 (IV) the wheel bearings are not properly 14 maintained. 15 (H) There is a defect with the tires when: 16 (I) there is improper inflation; 17 (II) there is tire separation from the 18 casing; or 19 (III) there are exposed plys or belting 20 material. 21 (I) There is defect with rim cracks when: 22 (I) there is any circumferential crack, 23 except a manufactured crack; or 24 (II) there is a lock or side ring 25 cracked, bent, broken, sprung, improperly 26 seated, or mismatched. 27 (J) There is a defect with the suspension 28 when: 29 (I) there are spring assembly leaves 30 broken, missing, or separated; or 31 (II) there are spring hanger, u-bolts, or 32 axle positioning components cracked, broken 33 loose, or missing. 34 (K) There is a defect with the chassis locking HB1676 Enrolled -5- LRB9102242KSsbA 1 pins when there is any twist lock or fitting for 2 securement that is sprung, broken, or improperly 3 latched. 4 (3) If an operator receives a citation for a 5 violation due to a defect in any equipment specified in 6 subsection (b), the equipment provider shall reimburse 7 the operator for any: 8 (A) fines and costs, including court costs and 9 reasonable attorneys fees, incurred as a result of 10 the citation, whether the operator is found guilty 11 or not; and 12 (B) costs incurred by the operator to repair 13 the defects specified in the citation, including any 14 towing costs incurred. 15 The equipment provider shall reimburse the operator 16 within 30 days of the final court action. If the 17 equipment provider fails to reimburse the operator within 18 30 days, the operator has a civil cause of action against 19 the equipment provider. 20 (e) Fines and penalties. Any person violating the 21 provisions of this Section shall be fined no less than $50 22 and no more than $500 for each violation. 23 (f) Obligation of motor carrier. Nothing in this Section 24 is intended to eliminate the responsibility and obligation of 25 a motor carrier and operator to maintain and operate vehicles 26 in accordance with the federal motor carrier safety 27 regulations and applicable State and local laws and 28 regulations. 29 Section 99. Effective date. This Act takes effect on 30 January 1, 2000.