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Public Act 91-0662
HB1676 Re-Enrolled LRB9102242KSsbA
AN ACT to amend the Illinois Vehicle Code by adding
Section 18b-112.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
adding Section 18b-112 as follows:
(625 ILCS 5/18b-112 new)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Department" means the Department of State Police.
"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
Department, any of the defects listed in paragraph (2)
are discovered, a rebuttable presumption existed at the
time of the interchange. If a summons or complaint is
issued to the operator, the operator may seek relief
pursuant to paragraph (3).
(2) A rebuttable presumption exists that the
following defects were present at the time of the
interchange:
(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
components; or
(III) there are mismatched components.
(C) There is a defect with the air lines and
tubing when:
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken,
cracked, or crimped.
(D) There is a defect with the reservoir tank
when there is any separation of original attachment
points.
(E) There is a defect with the frames when:
(I) there is any cracked, loose, sagging,
or broken frame members which measure one and
one-half inch in web or one inch or longer in
bottom flange or any crack extending from web
radius into bottom flange; or
(II) there is any condition which causes
moving parts to come in contact with the frame.
(F) There is an electrical defect when wires
are chaffed.
(G) There is a defect with the wheel assembly
when:
(I) there is low or no oil;
(II) there is oil leakage on brake
components;
(III) there are lug nuts that are loose
or missing; or
(IV) the wheel bearings are not properly
maintained.
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
casing; or
(III) there are exposed plys or belting
material.
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
except a manufactured crack; or
(II) there is a lock or side ring
cracked, bent, broken, sprung, improperly
seated, or mismatched.
(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves
broken, missing, or separated; or
(II) there are spring hanger, u-bolts, or
axle positioning components cracked, broken
loose, or missing.
(K) There is a defect with the chassis locking
pins when there is any twist lock or fitting for
securement that is sprung, broken, or improperly
latched.
(3) If an operator receives a citation for a
violation due to a defect in any equipment specified in
subsection (d)(2), the equipment provider shall reimburse
the operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of
the citation; and
(B) costs incurred by the operator to repair
the defects specified in the citation, including any
towing costs incurred.
The equipment provider shall reimburse the operator
within 30 days of the final court action. If the
equipment provider fails to reimburse the operator within
30 days, the operator has a civil cause of action against
the equipment provider.
(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.
Section 99. Effective date. This Act takes effect on
July 1, 2000.
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