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91_HB1676ham001
LRB9102242KSgcam01
1 AMENDMENT TO HOUSE BILL 1676
2 AMENDMENT NO. . Amend House Bill 1676 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by adding
5 Section 18b-112."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 adding Section 18b-112 as follows:
10 (625 ILCS 5/18b-112 new)
11 Sec. 18b-112. Intermodel trailer, chassis, and safety.
12 (a) Definitions. For purposes of this Section:
13 "Department" means the Department of State Police.
14 "Equipment interchange agreement" means a written
15 document executed by the intermodal equipment provider and
16 operator at the time the equipment is interchanged by the
17 provider to the operator.
18 "Equipment provider" means any railroad, railroad
19 subsidiary or affiliated company, forwarding company, water
20 carrier, steamship line, vehicle equipment leasing company,
21 or anyone acting as the agent of such entities authorizing
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1 delivery or physical possession of an intermodal vehicle with
2 a motor carrier.
3 "Federal motor carrier safety regulations" means
4 regulations promulgated by the United States Department of
5 Transportation governing the condition and maintenance of
6 commercial motor vehicles contained in Title 49 of the United
7 States Code of Federal Regulations on the day of enactment of
8 this Act or as amended or revised by the United States
9 Department of Transportation thereafter.
10 "Interchange" means the act of providing a vehicle to a
11 motor carrier by an equipment provider for the purpose of
12 transporting the vehicle for loading or unloading by another
13 party or the repositioning of the vehicle for the benefit of
14 the equipment provider. "Interchange" does not include the
15 leasing of the vehicle by a motor carrier from an
16 owner-operator pursuant to subpart B of Part 376 of Title 49
17 of the Code of Federal Regulations or the leasing of a
18 vehicle to a motor carrier for use in the motor carrier's
19 over-the-road freight hauling operations.
20 "Operator" means a motor carrier or driver of a
21 commercial motor vehicle.
22 "Vehicle" means an intermodal trailer, chassis, or
23 container.
24 (b) Responsibility of equipment provider. An equipment
25 provider shall not interchange or offer for interchange a
26 vehicle with an operator for use on a highway which vehicle
27 is in violation of the requirements contained in the federal
28 motor carrier safety regulations. It is the responsibility of
29 the equipment provider to inspect and, if a vehicle at the
30 time of inspection does not comply with all federal motor
31 carrier safety regulation requirements, perform the necessary
32 repairs on, all vehicles prior to interchanging or offering
33 for interchange.
34 (c) Right of inspection by the operator. Before
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1 interchanging a vehicle with an operator, an equipment
2 provider must provide the operator the opportunity and
3 facilities to perform a visual inspection of the equipment.
4 The operator must determine if it complies with the
5 provisions of the federal motor carrier safety regulation
6 capable of being determined from an inspection. If the
7 operator determines that the vehicle does not comply with the
8 provisions of the federal motor carrier safety regulations,
9 the equipment provider shall immediately perform the
10 necessary repairs to the vehicle so that it complies with the
11 federal motor carrier safety regulations or shall immediately
12 provide the operator with another vehicle.
13 (d) Presumption of defect prior to interchange.
14 (1) If as a result of a roadside inspection by the
15 Department, any of the defects listed in paragraph (2)
16 are discovered, it shall be presumed that the defect
17 existed at the time of the interchange, unless the
18 violations are due to actions or omissions of the motor
19 carrier operator after the vehicle was tendered. If a
20 summons or complaint is issued to the operator, the
21 operator may seek relief pursuant to paragraph (3).
22 (2) All of the following defects shall be presumed
23 to have existed at the time of the interchange, unless
24 the violations are due to actions or omissions of the
25 motor carrier operator after the vehicle was tendered:
26 (A) There is a defect with the brake drum
27 when:
28 (I) the drum cracks;
29 (II) the lining is loose or missing; or
30 (III) the lining is saturated with oil.
31 (B) There is the a defect of inoperative
32 brakes when:
33 (I) there is no movement of any
34 components;
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1 (II) there are missing, broken, or loose
2 components; or
3 (III) there are mismatched components.
4 (C) There is a defect with the air lines and
5 tubing when:
6 (I) there is a bulge and swelling;
7 (II) there is an audible air leak; or
8 (III) there are air lines broken,
9 cracked, or crimped.
10 (D) There is a defect with the reservoir tank
11 when there is any separation of original attachment
12 points.
13 (E) There is a defect with the frames when:
14 (I) there is any cracked, loose, sagging,
15 or broken frame members which measure one and
16 one-half inch in web or one inch or longer in
17 bottom flange or any crack extending from web
18 radius into bottom flange; or
19 (II) there is any condition which causes
20 moving parts to come in contact with the frame.
21 (F) There is an electrical defect when wires
22 are chaffed.
23 (G) There is a defect with the wheel assembly
24 when:
25 (I) there is low or no oil;
26 (II) there is oil leakage on brake
27 components;
28 (III) there are lug nuts that are loose
29 or missing; or
30 (IV) the wheel bearings are not properly
31 maintained.
32 (H) There is a defect with the tires when:
33 (I) there is improper inflation;
34 (II) there is tire separation from the
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1 casing; or
2 (III) there are exposed plys or belting
3 material.
4 (I) There is defect with rim cracks when:
5 (I) there is any circumferential crack,
6 except a manufactured crack; or
7 (II) there is a lock or side ring
8 cracked, bent, broken, sprung, improperly
9 seated, or mismatched.
10 (J) There is a defect with the suspension
11 when:
12 (I) there are spring assembly leaves
13 broken, missing, or separated; or
14 (II) there are spring hanger, u-bolts, or
15 axle positioning components cracked, broken
16 loose, or missing.
17 (K) There is a defect with the chassis locking
18 pins when there is any twist lock or fitting for
19 securement that is sprung, broken, or improperly
20 latched.
21 (3) If an operator receives a citation for a
22 violation due to a defect in any equipment specified in
23 subsection (b), the vehicle provider shall reimburse the
24 operator for any:
25 (A) fines and costs, including court costs and
26 reasonable attorneys fees, incurred as a result of
27 the citation, whether the operator is found guilty
28 or not; and
29 (B) costs incurred by the operator to repair
30 the defects specified in the citation, including any
31 towing costs incurred.
32 The vehicle provider shall reimburse the operator
33 within 30 days of the final court action.
34 (e) Fines and penalties. Any person violating the
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1 provisions of this Section shall be fined no less than $50
2 and no more than $500 for each violation.
3 (f) Obligation of motor carrier. Nothing in this Section
4 is intended to eliminate the responsibility and obligation of
5 a motor carrier and operator to maintain and operate vehicles
6 in accordance with the federal motor carrier safety
7 regulations and applicable State and local laws and
8 regulations. mt+2
9 Section 99. Effective date. This Act takes effect on
10 January 1, 2000.".