(625 ILCS 5/Ch. 18C heading)
(625 ILCS 5/Ch. 18C Sub-ch. 1 heading)
(625 ILCS 5/Ch 18C Sub 1 Art I heading)
(625 ILCS 5/18c-1101) (from Ch. 95 1/2, par. 18c-1101)
Sec. 18c-1101.
Short Title.
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102.
Legislative Intent.
The General Assembly finds that:
Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
Sec. 18c-1103.
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
(625 ILCS 5/Ch 18C Sub 1 Art II heading)
(625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
Sec. 18c-1201.
Jurisdiction.
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202.
Enumeration of Powers.
The Commission shall have the power
to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
standards;
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
agreement;
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-1203) (from Ch. 95 1/2, par. 18c-1203)
Sec. 18c-1203.
Initial Decisions.
(1) Delegation of Authority.
(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
effective and
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204.
Transportation Division.
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
the Commission.
(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
(625 ILCS 5/18c-1204a) (from Ch. 95 1/2, par. 18c-1204a)
Sec. 18c-1204a.
Docketing Procedures.
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
the proceeding.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-1204b) (from Ch. 95 1/2, par. 18c-1204b)
Sec. 18c-1204b.
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-1204c) (from Ch. 95 1/2, par. 18c-1204c)
Sec. 18c-1204c.
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
(625 ILCS 5/18c-1204d) (from Ch. 95 1/2, par. 18c-1204d)
Sec. 18c-1204d.
Staff participation.
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
(625 ILCS 5/18c-1204e) (from Ch. 95 1/2, par. 18c-1204e)
Sec. 18c-1204e.
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
(625 ILCS 5/Ch 18C Sub 1 Art III heading)
(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
(625 ILCS 5/Ch 18C Sub 1 Art IV heading)
(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 1 Art V heading)
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(3) Late-Filing Fees.
(4) Payment of Fees.
(5) When Fees Returnable.
(Source: P.A. 93-32, eff. 7-1-03.)
(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09.)
(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 1 Art VI heading)
(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund.
(1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund.
(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(Source: P.A. 94-839, eff. 6-6-06.)
(625 ILCS 5/Ch 18C Sub 1 Art VII heading)
(625 ILCS 5/18c-1701) (from Ch. 95 1/2, par. 18c-1701)
Sec. 18c-1701.
Violations Defined.
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be the duty of the Commission and of the Illinois State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 5/Ch 18C Sb 1 Art VIII heading)
(625 ILCS 5/18c-1801) (from Ch. 95 1/2, par. 18c-1801)
Sec. 18c-1801.
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-1802) (from Ch. 95 1/2, par. 18c-1802)
Sec. 18c-1802.
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch. 18C Sub-ch. 2 heading)
(625 ILCS 5/Ch 18C Sub 2 Art I heading)
(625 ILCS 5/18c-2101) (from Ch. 95 1/2, par. 18c-2101)
Sec. 18c-2101.
Hearings in household goods carrier licensing cases.
(1) Hearing required. The Commission shall issue orders in household goods
carrier licensing cases only after notice and hearing in
accordance with
the rules of practice applicable to proceedings under this Chapter.
(2) Hearing not required. Hearing shall be required in household goods
carrier licensing cases, except as provided in Sections 18c-2107 and
18c-4306 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
(625 ILCS 5/18c-2103) (from Ch. 95 1/2, par. 18c-2103)
Sec. 18c-2103.
Rules of Practice.
(1) General Provisions.
The Commission shall adopt General and Special rules of
practice to govern administrative proceedings under this Chapter.
Such rules shall be designed to effectuate the purposes of
this Chapter. Rules of practice heretofore issued by the Commission shall
be the rules of practice applicable under this Chapter unless changed,
repealed, or supplemented by the Commission.
(2) Verification of Pleadings.
Unless otherwise expressly provided therein, the signature on
any pleading, document, or other paper filed with the
Commission on which a verification or oath is required under
applicable statutes or regulations shall constitute the
verification or oath of the signatory and no further
verification or oath shall be required. False verification
or oath shall be a violation of this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2104) (from Ch. 95 1/2, par. 18c-2104)
Sec. 18c-2104.
Rules of Evidence.
The rules of evidence which apply in civil cases before the
circuit courts of this State shall, except as otherwise provided
herein, apply to proceedings before the Commission under this Chapter.
Evidence not admissible under the rules of evidence
applicable in civil courts may be admitted if it is of a type commonly
relied upon by prudent persons in the conduct of their affairs.
Objections must be made at hearing to preserve them on appeal.
Evidence may be received orally or in writing.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(Source: P.A. 94-499, eff. 1-1-06.)
(625 ILCS 5/18c-2107) (from Ch. 95 1/2, par. 18c-2107)
Sec. 18c-2107.
Orders in household goods carrier authority proceedings.
(1) Emergency Proceedings Orders. The Commission may, on request, and upon
a finding that urgent and immediate public need requires emergency
temporary action, issue orders granting emergency temporary relief in
household goods carrier authority proceedings. The Commission shall promptly
post notice of any such request at a prominent location at the Commission
offices in Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and shall remain in
effect pending notice and hearing in accordance with subsection (1) of
Section 18c-2101 of this Chapter, but shall not remain in effect for a
period exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be entitled, on
request, to an oral hearing on the request for emergency temporary relief.
The filing or granting of a request for an oral hearing shall not, unless
the Commission so provides, stay
the issuance or effect of any emergency temporary order under this subsection.
(2) Interim orders. The Commission may, on request, issue interim orders
for temporary authority in household goods carrier authority proceedings
making temporary disposition of issues in a proceeding after notice and
review of verified supporting statements. Such orders shall remain in
effect pending final disposition in accordance with Section 18c-2101 of
this Chapter unless otherwise provided in the interim order or the interim
order is modified or rescinded by the Commission. Any person in opposition
to such relief shall be entitled, on request, to an oral hearing on the
request for temporary relief. The filing or granting of such a request for
an oral hearing shall not, unless the Commission so provides, stay the
issuance or effect of any interim order under this subsection. A request
for oral hearing on a request for interim relief shall, unless otherwise
specified by the party making the request for oral hearing, be construed as
a request for oral hearing on the application for permanent relief as well.
(3) Final Orders. Final orders shall be issued in household
goods carrier of
property authority proceedings only after an oral hearing.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sub 2 Art II heading)
(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 2 Art III heading)
(625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
Sec. 18c-2301.
Initiation of Proceedings.
The Commission may initiate
either administrative or judicial proceedings, or both, to enforce provisions
of this Chapter, and Commission regulations and orders.
In addition, any interested
person may apply to a circuit court, which has jurisdiction and venue
as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4
of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2302) (from Ch. 95 1/2, par. 18c-2302)
Sec. 18c-2302.
Governing Procedures.
Administrative enforcement proceedings initiated hereunder shall
be governed by the Commission's rules of practice. Judicial
enforcement proceedings initiated hereunder shall be governed by
the rules of procedure applicable in the courts of this State.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 2 Art IV heading)
(625 ILCS 5/18c-2401) (from Ch. 95 1/2, par. 18c-2401)
Sec. 18c-2401.
Venue and Jurisdiction in Actions for Judicial Review.
(1) Venue. Actions for judicial review under this Chapter may be filed in
the circuit courts of Sangamon or Cook Counties.
(2) Jurisdiction. Jurisdiction in actions for judicial review under this
Chapter shall be
vested in the circuit courts of Sangamon and Cook Counties.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
Sec. 18c-2402.
Venue and Jurisdiction in Actions to Enforce this Chapter.
(a) Venue in Suits for Criminal Misdemeanor Penalties. Actions in which
criminal misdemeanor penalties are sought may be brought in the county
where any part of the subject matter is located, or part of the violation(s)
occurred, or the arrest was made, and venue shall lie in that county; the
case may be transferred to another county only with the approval of the
court and the agreement of the parties.
(b) Venue in Actions Other Than Suits for Criminal Penalties. Actions
to enforce this Chapter, Commission regulations and orders, other than suits
for criminal misdemeanor penalties, may be brought in the circuit courts
of any county in which any part of the subject matter is located, or any
part of the violation(s) occurred; the case may be transferred to another
county only with the approval of the court and the agreement of the parties.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 5/Ch. 18C Sub-ch. 3 heading)
(625 ILCS 5/Ch 18C Sub 3 Art I heading)
(625 ILCS 5/18c-3101) (from Ch. 95 1/2, par. 18c-3101)
Sec. 18c-3101.
Terms, Conditions, and Limitations.
The Commission may attach to the exercise of rights under any
license or other authorization issued or granted by it such
terms, conditions, and limitations as will protect the public
interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-3102) (from Ch. 95 1/2, par. 18c-3102)
Sec. 18c-3102.
Geographical Restrictions.
A prima facie determination
whether transportation is within the
geographical scope of a license may be made by reference to a
copy of the official state highway map and the distance scale
shown thereon. Such a determination may be rebutted by a
showing, based on a municipal ordinance; other official document;
or commercially published map, chart or other competent evidence;
that the geographical scope of the license is other than as
represented on the official state highway map.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 3 Art II heading)
(625 ILCS 5/18c-3201) (from Ch. 95 1/2, par. 18c-3201)
Sec. 18c-3201.
Prohibition of transportation services in the
absence of effective rates.
No common carrier by pipeline, household goods carrier, rail carrier, or
passenger carrier shall render service until such carrier has in effect
a tariff or schedule of rates applicable to such service in
compliance with this Chapter. Likewise, no such carrier shall render
service under a license issued by the Commission if the
Commission has suspended or cancelled the tariff or schedule of rates
previously in effect and applicable to such service, or if the
tariff or schedule is, by action of a party thereto or by its own
terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-3202) (from Ch. 95 1/2, par. 18c-3202)
Sec. 18c-3202.
Effective Dates of New or Amended Rates.
The Commission
shall prescribe the periods of notice which
must elapse between the filing of a proposed rate and its proposed effective
date. In no case shall the Commission prescribe a notice period greater
than 30 days or the period established by a valid, preemptive federal
statute.
(Source: P.A. 85-553.)
(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.)
(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.
(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:
7-1-97.)
(625 ILCS 5/18c-3205) (from Ch. 95 1/2, par. 18c-3205)
Sec. 18c-3205.
Ratemaking Standards.
(1) Reasonableness.
Rates for household goods common carrier service must be just, reasonable,
and not discriminatory.
(2) Factors to be Considered.
The Commission shall, in exercising its ratemaking powers
consider, among other factors, the inherent advantages of
transportation by a particular class of carriers, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with provision of such
service, and the revenue needs of carriers under honest,
economical and efficient management.
(3) Factors Not Considered.
The Commission shall not, in exercising its ratemaking
powers, consider the value of any operating authority held by
a carrier, or the value of any goodwill or earning power
connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)
(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.
(Source: P.A. 89-444, eff. 1-25-96.)
(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.)
(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.)
(625 ILCS 5/18c-3209) (from Ch. 95 1/2, par. 18c-3209)
Sec. 18c-3209.
Charges Not Part of Direct Transportation Cost.
Any agreement, arrangement, or device, or part thereof, which, as
a condition to the provision of transportation service, requires
or permits any carrier, shipper, or receiver to pay a charge to
any person, where such charge is not part of the direct cost of
transportation service, shall be void.
(Source: P.A. 85-553.)
(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.)
(625 ILCS 5/18c-3211) (from Ch. 95 1/2, par. 18c-3211)
Sec. 18c-3211.
Free or Reduced Rate Carriage.
Nothing in this Chapter shall prevent a carrier from establishing
reduced rate or free carriage rates applicable to transportation
provided for the United States, the State of Illinois, or any
municipality or subdivision of this State, where it is required
by law that the carrier providing such transportation be selected
by competitive bid. Such rates shall be filed in the form and
manner required by the Commission.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-3212) (from Ch. 95 1/2, par. 18c-3212)
Sec. 18c-3212.
Statute of Limitations for Freight Charges.
(1) Collection Actions.
Actions to collect freight charges under lawfully applicable
rates must be instituted within 3 years after
rendition of the service.
(2) Reparations or Overcharge Proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years
after rendition of the service, and any action seeking
judicial enforcement of a Commission order awarding
reparations must be instituted within 1 year after
issuance of such order. Where an action seeking judicial
review of a Commission order awarding reparations is filed,
the time preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-3213) (from Ch. 95 1/2, par. 18c-3213)
Sec. 18c-3213.
Application of Rate Regulations to Exempt
Traffic.
Notwithstanding any other provision of this Chapter to the contrary,
the provisions of this Article shall not apply to traffic which
is altogether exempt from Commission jurisdiction under this Chapter
or a valid, preemptive federal statute.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 3 Art III heading)
(625 ILCS 5/18c-3301) (from Ch. 95 1/2, par. 18c-3301)
Sec. 18c-3301.
Certain Third Party Payments Prohibited.
Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property
in intrastate commerce under the provisions of this Chapter be
assisted in the loading or unloading of such vehicle, the shipper
or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated
with securing and compensating the person or persons providing
such assistance. It shall be unlawful to coerce or attempt to
coerce any person providing transportation of property by motor
vehicle for-hire in intrastate commerce to employ or pay one or
more persons to load or unload any part of such property onto or
from such vehicle, except that this subsection shall not be
construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or any other acts
governing labor practices.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-3302) (from Ch. 95 1/2, par. 18c-3302)
Sec. 18c-3302.
Prohibition against discrimination.
It shall be unlawful for any household goods carrier, rail carrier, common
carrier by pipeline, or passenger carrier to discriminate by giving or
causing to be given any unreasonable preference or advantage to
any person or traffic, or to subject any such person or traffic
to unreasonable prejudice or disadvantage.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-3303) (from Ch. 95 1/2, par. 18c-3303)
Sec. 18c-3303.
Failure to Reject or Suspend, or to Invoke
Sanctions, Not to be Construed as Acceptance.
Failure of the Commission to reject or suspend any rate,
contract, application, or other document filed with it, or to
initiate enforcement proceedings or invoke sanctions against any
person for action or violation of this Chapter, Commission
regulations or orders, shall not be construed in any proceeding of
either any administrative or judicial nature as authorization or
acceptance of such document or action, or any portion thereof.
Nothing in this Section shall be construed to affect the date on
which a rate or tariff is lawfully in effect.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-3304) (from Ch. 95 1/2, par. 18c-3304)
Sec. 18c-3304.
Records and accounts.
Each household goods carrier, rail carrier, common carrier by pipeline, and
passenger carrier shall:
(1) Keep written accounts and records of its revenues, expenses,
contracts, and other activities subject to regulation under
this Chapter in accordance with regulations prescribed by the
Commission;
(2) Maintain, for a period of 3 years, copies of all
accounts and records required by Commission regulations; and
(3) Make such accounts and records available for inspection, on
request, by any authorized employee of the Commission.
Accounts and records kept pursuant to this Section shall be kept
at an office in the State of Illinois unless the Commission shall
have authorized maintenance at a location outside of the State.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/Ch. 18C Sub-ch. 4 heading)
(625 ILCS 5/Ch 18C Sub 4 Art I heading)
(625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
Sec. 18c-4101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-4102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
property operating within the State of Illinois.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
amended;
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
relocator;
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
transportation;
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
situations;
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
87-1249.)
(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)
Sec. 18c-4104.
Unlawful Operations.
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(2) Provisos.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4105)
Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void.
(a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
(b) As used in this Section:
(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.)
(625 ILCS 5/Ch 18C Sub 4 Art II heading)
(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
Sec. 18c-4201. Licensing cases.
(1) Scope of Section.
The provisions of this Chapter relating to household goods carrier
licensing apply to applications:
(2) Form and content of household goods carrier licensing applications.
Household goods carrier licensing
applications
shall be on such forms and contain such
information as may be prescribed by
the Commission, be verified under oath, and shall be
accompanied by the required filing fee.
(3) Public notice of applications.
(4) Hearing on licensing applications.
(Source: P.A. 97-595, eff. 8-26-11.)
(625 ILCS 5/18c-4202) (from Ch. 95 1/2, par. 18c-4202)
Sec. 18c-4202.
Household goods common carrier certificates.
(1) Prerequisite to operation as a household goods common
carrier.
No person shall operate as a household goods common carrier
unless such person possesses a common carrier of household goods
certificate issued by the Commission and in good standing.
(2) Requirements for issuance.
The Commission shall grant an application for a common
carrier of household goods certificate, in whole or in part, to the extent
that
it finds that the application was properly filed; a public
need for the service exists; the applicant is fit, willing
and able to provide the service in compliance with this Chapter,
Commission regulations or orders; and the public
convenience and necessity requires issuance of the
certificate. Otherwise, the application shall be denied. The burden of
proving that the requirements for issuance of a common carrier of
household goods
certificate have been met shall be borne by the applicant.
(3) Duties and practices of household goods common carriers.
Household goods common carriers shall provide safe and adequate
transportation service to the general public within the scope
of their authorities and in compliance with this Chapter,
Commission regulations and orders. Such service shall be at
reasonable rates and without discrimination.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
Sec. 18c-4203. Household goods contract carrier permits.
(1) Prerequisite to operation as a household goods contract
carrier.
No person shall operate as a household goods contract carrier of
property unless such person possesses a household goods contract
carrier permit issued by the Commission and in good standing.
(2) Requirements for issuance.
(3) Duties and practices of household goods contract carriers.
(Source: P.A. 97-595, eff. 8-26-11.)
(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses.
The Commission shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier
of household goods licenses in accordance with
standards enumerated in this Section.
(1) Standards
relevant to both
common and contract household goods
carrier licenses. In determining whether to issue a common carrier
of household goods
certificate or a contract carrier of household goods permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall consider, in addition to other standards
enumerated in this Chapter:
(2) Additional standards relevant to household goods contract
carrier
licenses.
In determining whether to issue a household goods contract
carrier
permit under Section 18c-4203 of this Chapter, the
Commission shall consider, in addition to standards enumerated in
subsection (1) of this Section or elsewhere in this
Sub-chapter:
(3) Standards not relevant to either household goods common or
household goods contract
carrier licenses.
In determining whether to issue a household goods common carrier
certificate or a household goods contract carrier permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not consider:
(Source: P.A. 97-595, eff. 8-26-11.)
(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
Sec. 18c-4204a.
Fitness standards.
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:
(3) Burden of proof in application proceedings.
(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
Sec. 18c-4206.
Dual operations.
(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing. Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.
(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter. The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
Sec. 18c-4207.
Cessation of service under a license.
No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission. If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same. If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/Ch 18C Sub 4 Art III heading)
(625 ILCS 5/18c-4301) (from Ch. 95 1/2, par. 18c-4301)
Sec. 18c-4301.
Power of Commission to Approve Transfers.
A license issued under this Sub-chapter may be transferred, with
Commission approval, under the conditions specified in this
Article and in accordance with such rules and regulations as the
Commission may prescribe.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4302) (from Ch. 95 1/2, par. 18c-4302)
Sec. 18c-4302.
Types of Transfers Which May be Approved.
It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or
merge their properties into one business entity for the
ownership, management, or operation of the properties
theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers
jointly, to purchase, lease or contract to operate the
properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers
jointly, to acquire control of another such carrier through
ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control
of one or more such motor carriers through ownership of its
or their stock or otherwise;
(5) A person not a motor carrier of property and which has
control of one or more such carriers to acquire control of
another carrier through ownership of its stock or otherwise;
or
(6) A person to acquire possession, ownership, or control, by
means of the sale or other conveyance of a license issued by
the Commission to another person.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
Sec. 18c-4303.
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
Commission;
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
Commission.
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
Sec. 18c-4304.
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
part;
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
Sec. 18c-4305.
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
Sec. 18c-4306.
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415.)
(625 ILCS 5/18c-4307) (from Ch. 95 1/2, par. 18c-4307)
Sec. 18c-4307.
Unapproved Transfers.
(1) Unapproved Transfers Prohibited.
Except as provided in this Article, no person may enter into
a transaction to accomplish or effectuate, or participate in
accomplishing or effectuating, the ownership, control or
management of any one or more motor carriers, however such
result is attained, whether directly or indirectly by use of
common directors, officers, or stockholders, a holding or
investment company, a voting trust, or in any other manner,
and regardless of whether or not the carrier received
compensation or value from the transaction. Nor shall any
person continue to maintain control or management
accomplished or effectuated in violation of this Article.
The words "control or management," when used in this Article,
shall be construed to include the power to exercise control
or management.
(2) Direct Supervision and Control by License Holder Required. The holder
of a motor carrier license shall exercise direct supervision and control
over all operations conducted with vehicles registered under its license
or utilized in conducting operations under its license. The holder may be
called upon to demonstrate that it is exercising direct supervision and
control. Failure to exercise active supervision and control shall constitute
the unauthorized transfer of operating rights in violation of this Chapter.
Where an unauthorized transfer occurs, both the transferor and transferee
shall have committed violations of this Chapter. Nothing contained herein
shall prevent the holder from exercising such supervision and control through
a manager or other bona fide employee of the holder.
Elements to be considered in evaluating whether supervision and control
is being exercised include solicitation; public identification; billing;
collecting; dispatching drivers and equipment; hiring; evaluation and
firing of drivers and other personnel; liability for cargo loss or damage;
and responsibility for payment of carrier expenses.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308.
Enforcement of Transfer Requirements.
The Commission may, on its own motion or on complaint,
investigate and determine whether violations of this Article have
occurred. When the Commission determines that a carrier or other
person is violating the provisions of this Article it shall by
order require the carrier or other person to take whatever action
is necessary to prevent continuance of the violation, and may, in
addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4309) (from Ch. 95 1/2, par. 18c-4309)
Sec. 18c-4309.
Temporary Suspension and Transfer.
Periods during which
a license is temporarily
suspended by order of the Commission shall not be considered as part of the 1-year
period for which an abstract of shipments must be provided for application to transfer
a license pursuant to Section 18c-4303 of this Chapter, or for the 2-year
period used to determine whether a proposed transferor has abandoned,
discontinued or suspended service without Commission authorization pursuant
to Section 18c-4305 of this Chapter. This Section shall apply to all
temporary suspension applications filed, and all temporary suspensions
granted, on or after January 1, 1986.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sub 4 Art IV heading)
(625 ILCS 5/18c-4401) (from Ch. 95 1/2, par. 18c-4401)
Sec. 18c-4401. Registration required.
(1) General provisions. No intrastate public carrier and no interstate
carrier
shall operate over the public roads of this
State without a
registration issued pursuant to this Article and in effect at the
time operations are conducted. As used in this Article, "interstate carrier" includes any private carrier that is required to register under federal law.
(2) Interstate intercorporate hauling and single-source leasing.
Persons or entities engaged in
interstate compensated intercorporate hauling, and interstate
private carriers which lease equipment, with drivers, are
interstate carriers for purposes of this Article notwithstanding any
other provision of this Chapter.
However, the Commission may:
(Source: P.A. 94-760, eff. 1-1-07.)
(625 ILCS 5/18c-4402) (from Ch. 95 1/2, par. 18c-4402)
Sec. 18c-4402.
Registration Standards.
The Commission shall not issue a registration until after the
carrier has:
(1) Properly filed an application for registration; and
(2) Complied with Commission regulations and orders regarding:
(a) Application, franchise, franchise renewal, and other
fees and levies; and
(b) Proof of insurance.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4403) (from Ch. 95 1/2, par. 18c-4403)
Sec. 18c-4403.
Issuance of registrations.
The Commission may issue registrations to any qualified applicant
authorizing bona fide intrastate public carrier or interstate operations,
if it is found that
the applicant is fit, willing, and able to provide service in
conformity with the requirements of this Chapter, Commission
regulations and orders.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4404) (from Ch. 95 1/2, par. 18c-4404)
Sec. 18c-4404.
Revocation of Registrations.
The Commission may revoke any registration if it determines that
the carrier has failed to comply with this Chapter, Commission
regulations or orders, or with any other statute or regulation of
this State relating to the privilege of operating motor vehicles
over the public roads of the State.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4405)
Sec. 18c-4405.
Intrastate public carrier rate filings.
Public carriers
that voluntarily file rates under an agreement approved by the Commission under
Section 18c-4502 of this Chapter are subject to all provisions of Sub-chapter
3, Article II, and Section 18c-4501 of this Chapter 18c.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/Ch 18C Sub 4 Art V heading)
(625 ILCS 5/18c-4501) (from Ch. 95 1/2, par. 18c-4501)
Sec. 18c-4501.
Jurisdiction and power of the Commission.
(1) Power to set rates.
The Commission shall have jurisdiction and power to set the
maximum or minimum, or maximum and minimum, lawful rates for
intrastate service by common carriers of household goods, to
set the minimum lawful rates for contract carriers of
household goods, and to prescribe the form and content of
tariffs
and schedules containing such rates.
(2) Power to Establish Ratemaking Procedures.
The Commission may establish procedures for the filing,
publication, investigation, suspension and prescription of
rates. The Commission may provide that rates for particular
services will go into effect unless suspended by the
Commission, or may require that rates for such services be
approved by the Commission before going into effect.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)
Sec. 18c-4502. Collective ratemaking.
(1) Application for approval.
Any carrier party to an agreement between or among 2 or more
carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between
carriers and compensation paid or received for the use of
facilities and equipment), or rules and regulations
pertaining thereto, or procedures for the joint consideration,
initiation, or establishment thereof, whether such conference,
bureau, committee, or other organization be a "for-profit" or
"not-for-profit" corporate entity or whether or not such
conference, bureau, committee or other organization is or
will be controlled by other businesses may, under such rules
and regulations as the Commission may prescribe, apply to the
Commission for approval of the agreement, and the Commission
shall by order approve any such agreement, if approval
thereof is not prohibited by subsection (3), (4), or (5) of
this Section, if it finds that, by reason of furtherance of
the State transportation policy declared in Section 18c-1103
of this Chapter, the relief provided in subsection (8) should
apply with respect to the making and carrying out of such
agreement; otherwise the application shall be denied. The
approval of the Commission shall be granted only upon such
terms and conditions as the Commission may prescribe as
necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
(2) Accounts, reporting, and internal procedures.
Each conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved
by the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and
shall submit to the Commission such reports, as may be
prescribed by the Commission, and all such accounts, records,
files, and memoranda shall be subject to inspection by the
Commission or its duly authorized representatives. Any
conference, bureau committee, or other organization described
in subsection (1) of this Section shall cause to be published
notice of the final disposition of any action taken by such
entity together with a concise statement of the reasons
therefor. The Commission shall withhold approval of any
agreement under this Section unless the agreement specifies a
reasonable period of time within which proposals by parties
to the agreement will be finally acted upon by the
conference, bureau, committee, or other organization.
(3) Matters which may be the subject of agreements approved by
the Commission.
The Commission shall not approve under this Section any
agreement between or among carriers of different classes
unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
(4) Non-applicability of Section to transfers.
The Commission shall not approve under this Section any
agreement which it finds is an agreement with respect to a
pooling, division, or other matter or transaction, to which
Section 18c-4302 of this Chapter is applicable.
(5) Independent action.
The Commission shall not approve under this Section any
agreement which establishes a procedure for the determination
of any matter through joint consideration unless it finds
that under the agreement there is accorded to each party the
free and unrestrained right to take independent action either
before or after any determination arrived at through such
procedures. The Commission shall not find that each party
has a free and unrestrained right to take independent action
if the conference, bureau, committee, or other organization
is granted by the agreement any right to engage in
proceedings before the Commission or before any court regarding
any action taken by a party to an agreement authorized by
this Section, or by any other party providing or seeking
authority to provide transportation services.
(6) Investigation of activities.
The Commission is authorized, upon complaint or upon its own
initiative without complaint, to investigate and determine
whether any agreement previously approved by it under this
Section or terms and conditions upon which such approval was
granted, is not or are not in conformity with the standard,
set forth in subsection (1), or whether any such terms and
conditions are not necessary for purposes of conformity with
such standard, and, after such investigation, the Commission
shall by order terminate or modify its approval of such
agreement if it finds such action necessary to insure
conformity with such standard, and shall modify the terms and
conditions upon which such approval was granted to the extent
it finds necessary to insure conformity with such standard or to the
extent to which it finds such terms and conditions not necessary
to insure such conformity. The effective
date of any order terminating or modifying approval, or
modifying terms and conditions, shall be postponed for such
period as the Commission determines to be reasonably
necessary to avoid undue hardship.
(7) Hearings and orders.
No order shall be entered under this Section except after
interested parties have been afforded reasonable opportunity
for hearing.
(8) Exemption from State antitrust laws.
Parties to any agreement approved by the Commission under
this Section and other persons are, if the approval of such
agreement is not prohibited by subsection (3), (4), or (5),
hereby relieved from the operation of the antitrust laws with
respect to the making of such agreement, and with respect to
the carrying out of such agreement in conformity with its
provisions and in conformity with the terms and conditions
prescribed by the Commission.
(9) Other laws not affected.
Any action of the Commission under this Section in approving
an agreement, or in denying an application for such approval,
or in terminating or modifying its approval of an agreement,
or in prescribing the terms and conditions upon which its
approval is to be granted, or in modifying such terms and
conditions, shall be construed as having effect solely with
reference to the applicability of the relief provisions of
paragraph subsection (8) of this Section.
(Source: P.A. 101-81, eff. 7-12-19.)
(625 ILCS 5/18c-4503) (from Ch. 95 1/2, par. 18c-4503)
Sec. 18c-4503.
Terminal Area Operations.
(1) Exemption From Rate Regulation. Except as provided in subsection
(2) of this Section, nothing contained in this Chapter shall be construed
to require any carrier engaged in the transportation of property by motor
vehicle between points wholly within a terminal area to comply with the
provisions of this Chapter with respect to the filing, publishing,
observance or enforcement of tariffs or schedules of rates with respect to
transportation wholly within any such area.
(2) Application of Section. Notwithstanding any contrary provisions
therein, the ratemaking provisions of subsection (1) of this Section shall
have no application to transportation of household goods, as defined in
Commission regulations, wholly within a county having a population of more
than 1,000,000.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sub 4 Art VI heading)
(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
Sec. 18c-4601. Cab Card and Identifier to be Carried and Displayed in Each
Vehicle.
(1) General Provisions.
(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing.
The provisions of subsection (1) of this Section apply to
motor vehicles used in interstate compensated intercorporate
hauling or which are leased, with drivers, to private
carriers for use in interstate commerce, as well as to other
motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/18c-4602) (from Ch. 95 1/2, par. 18c-4602)
Sec. 18c-4602.
Commission to Prescribe Cab Cards and Identifiers.
The Commission shall prescribe the cab cards and identifiers
required under Section 18c-4601 of this Chapter.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4603) (from Ch. 95 1/2, par. 18c-4603)
Sec. 18c-4603. Issuance of Cab Cards and Identifiers. (1) Applications for Cards and Identifiers.
Applications for cab cards and identifiers shall be on forms
prescribed by the Commission and shall be accompanied by the
per vehicle franchise or franchise renewal fee prescribed by
the Commission.
(2) Expiration and Renewal of Cab Cards and Identifiers. Identifiers
issued by or under authority of the
Commission shall expire automatically on January 31 of each
year, or on such other date as the Commission may prescribe.
It shall be the responsibility of each carrier to insure that
the cab cards and identifiers in its vehicles are current.
(3) Issuance of Cards and Identifiers.
Applications and fees for cab cards and identifiers may be filed
with, and cards or identifiers may be issued by, the Commission or
its agent.
The Commission shall issue intrastate cab cards and identifiers and
interstate identifiers as proof of payment of franchise and franchise
renewal fees by licensed intrastate and registered interstate carriers.
Upon payment of the intrastate fee by a licensed intrastate motor carrier
of property, the Commission shall issue a current Illinois cab card with
identifier printed thereon. Upon payment of the interstate fee, the Commission shall issue
a current Illinois interstate identifier.
(Source: P.A. 94-760, eff. 1-1-07.)
(625 ILCS 5/18c-4604) (from Ch. 95 1/2, par. 18c-4604)
Sec. 18c-4604.
Enforcement.
It shall be a violation of this Chapter, separate and apart from any
other violation, for a person to:
(1) Operate a vehicle without a current, executed cab card and
identifier as
required by this Article;
(2) Transfer a cab card and identifier to a
vehicle other than the
vehicle for which it was originally executed, except in
accordance with Commission regulations;
(3) Use a cab card and identifier issued to another carrier or permit the use of
a cab card by another carrier except in accordance with
Commission regulations; or
(4) Fail to present a cab card and identifier as required by this
Article.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sub 4 Art VII heading)
(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on vehicles.
(1) General requirements to be prescribed by Commission. Except as
otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the
public roads of this State unless there is painted or affixed to
both sides of the cab or power unit, in accordance with such specifications as
the Commission may prescribe, the trade name of the carrier as it
appears on the carrier's license or the carrier's recognized
logo, together with the license and registration number of the
carrier. Likewise, no interstate carrier shall operate any motor
vehicle upon the public roads of this State unless there is
painted or affixed to both sides of the cab or power unit, in accordance with
such specifications as the Commission may prescribe, the
registration or authority number of the carrier. However, except for a household goods carrier, an interstate carrier operating intrastate may operate a motor vehicle upon the public roads of this State without the intrastate authority number of the carrier painted or affixed to any side of the cab or power unit.
(2) Use of ICC-prescribed identification. Identifying information
prescribed by the Interstate Commerce Commission may be used in
satisfaction of requirements established under this Section, including
special orders granting a petition for waiver of Sections 1057.22(a) and
1057.22(c)(2) and (4), as they relate to equipment receipts, of the Lease
and Interchange of Vehicle Regulations (49 CFR 1057), in lieu of
numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any other
provision of this Section to the contrary, a motor vehicle trip leased in
accordance with this Chapter, Commission regulations and orders shall not
be required to bear the name and license number of the lessee if:
(4) Rules not superseded. The authority of the Illinois Commerce
Commission to regulate the identification of motor vehicles of intrastate
and interstate carriers, engaged in the transportation of hazardous
materials, shall not supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor Carrier Safety
regulations Part 390.21, as relates now or hereafter to the markings and
identification of such vehicles.
(5) Identification on vehicles under 9,000 pounds gross vehicle weight
(GVW). Vehicles with a gross vehicle weight (GVW) less than 9,000 pounds
may, in lieu of identification required under subsection (1) of this
Section display the trade name of the carrier as it appears on the
carrier's license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner as to be
clearly legible and visible from both sides of the vehicle at a distance of
25 feet, when the vehicle is not in motion, and in accordance with such
specifications as the Commission may prescribe.
(Source: P.A. 100-369, eff. 8-25-17.)
(625 ILCS 5/18c-4702) (from Ch. 95 1/2, par. 18c-4702)
Sec. 18c-4702.
Identification of Carrier in Advertising,
Solicitation, and other Documents.
No carrier shall use in any advertising, solicitation,
correspondence, publication, or other document connected
with its transportation service
any name other than its name or trade name as it appears on the carrier's
license or registration. Each
advertisement, solicitation, correspondence, publication, or
other document shall
contain the carrier's license or registration
number unless otherwise provided in Commission regulations or orders.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sb 4 Art VIII heading)
(625 ILCS 5/18c-4801) (from Ch. 95 1/2, par. 18c-4801)
Sec. 18c-4801.
Rights, Obligations, and Liabilities.
The provisions of Sections 7-101, 7-102, 7-103, 7-104, 7-105,
7-301, 7-302, 7-303, 7-304, 7-305, 7-306, 7-307, 7-308, 7-309,
7-401, 7-402, 7-403, 7-404, 7-501, 7-502, 7-503, 7-504, 7-505,
7-506, 7-507, 7-508, 7-509, 7-601, 7-602, 7-603 of the "Uniform
Commercial Code", as amended, are adopted by reference to the
extent that they relate to bills of lading and the intrastate
transportation of property by a motor common carrier.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4802) (from Ch. 95 1/2, par. 18c-4802)
Sec. 18c-4802.
Straight Bill of Lading.
A bill in which it is stated that the goods are consigned or
destined to a specific person is a straight bill.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4803) (from Ch. 95 1/2, par. 18c-4803)
Sec. 18c-4803.
Order Bill of Lading.
A bill of lading in which it is stated that the goods are
consigned or destined to the order of any person named in such bill
is an order bill of lading. Any provision in such a bill or in
any notice, contract, regulation, or tariff that it is
nonnegotiable shall be null and void unless upon its face and in writing
such provision is agreed to by the shipper.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4804) (from Ch. 95 1/2, par. 18c-4804)
Sec. 18c-4804.
Limitation of Liability.
The provisions of this Section respecting liability for full
actual loss, damage or injury, notwithstanding subsection 2 of
Section 7-309 of the "Uniform Commercial Code", as amended, do
not apply to property received for transportation concerning
which the carrier is expressly authorized or required by order of
the Commission to establish rates based on value declared in
writing by the shipper or agreed upon by the shipper, in writing,
as the released value of the property. Such declarations or
agreements have no other effect than to limit liability to an
amount not exceeding the value declared or released, and are not
in violation of this Chapter. A tariff containing such rates shall
contain specific reference to the Commission order authorizing
them.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4805) (from Ch. 95 1/2, par. 18c-4805)
Sec. 18c-4805.
Other Remedies Available to Holder of Bill of
Lading Not Preempted.
This Article does not deprive any holder of a receipt or bill of
lading of any remedy or right of action had under existing law.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4806) (from Ch. 95 1/2, par. 18c-4806)
Sec. 18c-4806.
Delivering Carrier Defined.
For the purposes of this Section the delivering carrier is the
carrier performing transportation service to or nearest to the
point of destination.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4807) (from Ch. 95 1/2, par. 18c-4807)
Sec. 18c-4807.
Bill of Lading or Similar Documentation Required.
(1) General Requirements.
Except as provided in subsection (2) of this Section, every
motor common carrier of property shall be required to issue a
bill of lading and freight bill indicating the commodities
transported, weight thereof (where freight charges are
assessed by weight), the points of origin and destination of
such commodities, the consignor and consignee, and the charge
therefor. If the commodities are not delivered by the
originating carrier, the bill of lading or freight bill shall
indicate the point of interchange and the connecting carrier.
This Section shall not apply to motor contract carriers of
property.
(2) Exceptions.
(a) Simplified Documentation.
The Commission may prescribe simplified documentation to
be issued by classes of carriers where such requirements
would be less burdensome and would effectuate the
purposes of this Chapter. Simplified documentation shall be
prescribed for the following classes of carriers:
(i) Motor common carriers of shipments composed of
parcels weighing 100 pounds or less
and not exceeding 200 pounds from one
consignor to one consignee on one day;
(ii) Carriers of agricultural or dairy products, poultry,
eggs, or fruits;
(iii) Aggregate carriers; and
(iv) Messenger carriers; and
(v) Such other classes as the Commission may, from time
to time, determine.
(b) Supplementary Requirements.
The Commission may adopt supplementary requirements for
the issuance or carrying of documentation for household
goods carriers or other carriers where large numbers of
non-commercial shippers may be affected and such
documentation is necessary to effectuate the purposes of
this Chapter.
(c) Commodity descriptions for shipments weighing 10 pounds or less.
Where a shipment weighs ten pounds or less, except when it contains
dangerous articles or hazardous materials, the following may be used in
lieu of a commodity description: "Parcel 10 Pounds or Under".
(Source: P.A. 85-1407.)
(625 ILCS 5/Ch 18C Sub 4 Art IX heading)
(625 ILCS 5/18c-4901) (from Ch. 95 1/2, par. 18c-4901)
Sec. 18c-4901.
Insurance Coverage as a Prerequisite to Operations.
No motor carrier of property shall operate within this State
unless it has on file with the Commission or its agent proof of
continuous insurance or surety coverage in accordance with
Commission regulations.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4902) (from Ch. 95 1/2, par. 18c-4902)
Sec. 18c-4902.
Commission to Set Insurance Coverage Limits and Establish Procedures.
The Commission shall prescribe the amounts of insurance or surety
coverage required as a minimum, the maximum allowable deductible limits,
procedures for the filing and rejection or return of filings, and such other
reasonable regulations regarding insurance or surety coverage as are
necessary to protect the travelling and shipping or receiving public.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4903) (from Ch. 95 1/2, par. 18c-4903)
Sec. 18c-4903.
Implied Terms of Insurance Coverage.
Each certificate or other proof of insurance or surety coverage
shall have, as an implied term, that the insurance or surety
coverage will remain in effect continuously until notice of
cancellation is filed in accordance with Commission regulations, and
that all motor vehicles operated by or under authority of the
carrier will be covered, whether or not such vehicles have been
reported to the insurance, surety, or other company. Filing
proof of insurance with the Commission shall constitute
acceptance of this implied term, and such acceptance may not
thereafter be withdrawn except on withdrawal of all proof of insurance
or surety coverage.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4904) (from Ch. 95 1/2, par. 18c-4904)
Sec. 18c-4904.
Liability to Be Covered by Insurance.
Insurance or surety under this Article shall cover the carrier's
liability for injury to persons and damage to property other than
cargo. Coverage shall, in the case of motor common carriers,
also extend to cargo damage.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-4905) (from Ch. 95 1/2, par. 18c-4905)
Sec. 18c-4905.
Self-insurance.
The Commission may exempt a carrier from the requirement of
Sections 18c-4901, 18c-4902, 18c-4903, and 18c-4904 of this Chapter
if it determines that the carrier has the financial ability to
pay for any and all damages the liability for which would
otherwise be assumed by an insurance or surety company under the
referenced sections. Each carrier so exempted shall file
periodic reports, at such intervals as the Commission shall specify,
showing its continuing ability to act as a self-insurer. The
Commission may rescind an exemption on 10 days' notice if
rescission appears necessary to protect the public.
Upon the granting or rescission of a self-insured status of a carrier by
the Commission, the Commission shall immediately notify, in writing, the
Illinois Department of Transportation of the name, address, and other
pertinent information required by the Department of Transportation
concerning the status of the carrier.
(Source: P.A. 84-1246.)
(625 ILCS 5/Ch. 18C Sub-ch. 5 heading)
(625 ILCS 5/Ch 18C Sub 5 Art I heading)
(625 ILCS 5/18c-5101) (from Ch. 95 1/2, par. 18c-5101)
Sec. 18c-5101.
Unlawful Activities.
It shall be unlawful for any person:
(1) To act as a broker without a license in good standing
issued to it by the Commission;
(2) To act as a broker in violation of any provision of this Chapter,
Commission regulations and orders, or any other law
of this state;
(3) To act as a broker of any shipment which the person owns
or in which the person has a beneficial interest;
(4) To act as a broker of any shipment over which the person
is able to exercise control because the person acting as
a broker owns or controls the shipper, the shipper owns
or controls the person acting as a broker, or there is a
common ownership or control of the two;
(5) Which is also a broker to act or represent itself as a
shipper in dealing with a common or contract carrier of
property by motor vehicle;
(6) To act as a broker in connection with transportation by
a person other than an authorized common or contract
carrier of property by motor vehicle, unless the carrier
does not require authorization to transport the
shipment;
(7) To act as a broker in connection with transportation at
other than lawfully applicable rates for the motor
carrier service;
(8) To act as a broker in any name other than that which
appears on its Commission license;
(9) To act as a broker without fully disclosing its
brokering status;
(10) To provide transportation service with regard to freight
for which it was the broker;
(11) To receive any compensation for brokering services other
than a fee assessed to the shipper or, alternatively, to
the carrier, in addition to freight charges at lawfully
applicable rates for the motor carrier service;
(12) To advertise, offer, or give anything of value to a
shipper, consignor, or consignee, other than inexpensive
promotional items; or
(13) Act as a broker of household goods.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5102) (from Ch. 95 1/2, par. 18c-5102)
Sec. 18c-5102.
Licensing of Brokers.
(1) Procedures for Issuing Brokers' Licenses.
The Provisions of Article II of Sub-chapter 4 of this Chapter
which govern the form and manner of filing of applications
for authority, notice to be given to the public, and hearing,
shall likewise govern the issuance of a brokers' license.
(2) Standards for Review of Brokers' License Applications.
The Commission shall issue a license authorizing a person to
act as a statewide broker of general commodities where:
(a) The person has properly filed an application on forms
prescribed by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission;
(c) The person has filed proof of bond or insurance as
required by Commission regulations; and
(d) The Commission has determined that the person is fit,
willing, and able to;
(i) Act as a statewide broker of general commodities as
authorized by the license; and
(ii) Comply with provisions of this Chapter, Commission
regulations and orders.
Otherwise, the application shall be denied.
(3) Suspension or Revocation of Brokers' Licenses.
If at any time the Commission determines after notice and
hearing that the holder of a broker's license is not fit,
willing, or able to continue to act as a broker, the
Commission may suspend or revoke the license.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5103) (from Ch. 95 1/2, par. 18c-5103)
Sec. 18c-5103.
The Fitness Standard.
A person shall be rebuttably presumed unfit to act or to continue
to act as a broker if:
(1) The person has violated any provision of this Chapter, Commission
regulations or orders, or any other law governing its
activities as a broker;
(2) The person has violated any fiduciary or other obligation
with regard to transmittal of monies, bills, or other matters
entrusted to it as broker; or
(3) The person is applying for a broker's license and any other
person the ownership, management, or control of which is or
was in substantial identity with the applicant has committed
an act of the type described in (1) or (2), above.
The Commission may consider any relevant facts in determining
whether a person is fit to act or to continue to act as a broker,
or whether any presumption which arises under this Section has
been rebutted.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5104) (from Ch. 95 1/2, par. 18c-5104)
Sec. 18c-5104.
Transfer of Brokers' Licenses.
(1) Transfer of Brokers' Licenses Permitted.
A broker's license may be transferred, with Commission
approval, under the conditions specified in this Section and
in accordance with such regulations as the Commission may
prescribe.
(2) Procedures for Transferring Brokers' Licenses.
The provisions of Article III of the Sub-chapter 4 of this Chapter that
define a transfer and which govern the form and
manner of filing of applications for approval of the transfer
of a motor carrier of property license, notice to be given to
the public, and hearing, shall likewise govern the transfer
of a broker's license.
(3) Standards for Review of Transfer Applications.
The Commission shall grant an application for authority to
transfer a broker's license where:
(a) The application was properly filed on forms prescribed
by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission; and
(c) The transferee is fit, willing, and able under the terms
of Section 18c-5103 of this Chapter.
Otherwise, the application shall be denied.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5105) (from Ch. 95 1/2, par. 18c-5105)
Sec. 18c-5105.
Bonds and Insurance.
The Commission may prescribe for brokers such requirements
regarding bonds, insurance, and the terms of coverage thereof, as
the Commission determines are needed to protect carriers,
shippers, consignors, and consignees of freight with respect to which
brokering service is provided. Unless otherwise provided by the
Commission, such requirements shall be the same as are applicable
to property brokers under the Interstate Commerce Act and
regulations adopted thereunder.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5106) (from Ch. 95 1/2, par. 18c-5106)
Sec. 18c-5106.
Records of Brokers.
(1) Records to be Kept by Brokers.
A broker shall keep a record of each transaction which shows:
(a) The name, address, and license number of the motor
carrier or carriers;
(b) The name and address of the shipper, consignor, and
consignee;
(c) The Bill of Lading or freight bill number;
(d) The amount of compensation received by the broker for
brokering service, and the identity of the payor;
(e) A description of any non-brokering service provided in
connection with each shipment or other activity, the
amount of compensation received for such non-brokering
service, and the identity of the payor;
(f) The amount of any freight charges collected by the
broker, the date on which such charges were paid over to
the carrier, and the amount of payment to the carrier;
and
(g) Any other information which the Commission may
prescribe.
(2) Maintenance of Records.
Records required to be kept under this Section shall be
maintained at an office within the State of Illinois, unless
maintenance of an office outside the State of Illinois is
expressly authorized by the Commission, and shall be
maintained for a period of 3 years after the date on
which the shipment was delivered.
(3) Accounting.
Each broker which engages in other business shall maintain
accounts so that the brokering portion of its business or businesses is
segregated from its other activities.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5107) (from Ch. 95 1/2, par. 18c-5107)
Sec. 18c-5107.
Brokers and Motor Carrier Applications.
A Broker shall not have standing to support any application for
motor carrier of property authority.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 5 Art II heading)
(625 ILCS 5/18c-5201) (from Ch. 95 1/2, par. 18c-5201)
Sec. 18c-5201.
Application of Article.
The provisions of this Article apply to the collect-on-delivery
transportation of household goods for non-commercial use where:
(1) The dispute relates to the propriety of charges for services
rendered or loss of or damage to lading from the loading,
unloading, or transportation thereof;
(2) The movement to which the dispute relates was between points
in the State of Illinois; or
(3) Either the movement was made under authority issued by the
Commission or the movement was such that it could have been
lawfully made only under authority issued by the Commission.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-5202) (from Ch. 95 1/2, par. 18c-5202)
Sec. 18c-5202.
Commission to prescribe dispute resolution procedures.
(1) Within 180 days after the effective date of this amendatory Act of 1995,
the Commission shall propose rules specifying the procedures by which disputes
between carriers and shippers to which this Sub-chapter is applicable will be
resolved. Upon adoption, the rules will be applicable to all household goods
carriers.
(2) Standards for dispute resolution procedures. The rules adopted by the
Commission
shall be calculated to provide for the objective, expeditious, and inexpensive
resolution of household goods disputes, and shall include, without limitation,
provisions dealing with: the location of any required hearings; required
notifications; whether participation in a dispute resolution procedure is
mandatory; and how the fees and costs of the procedures shall be distributed.
To the extent authorized by Commission rules, procedures adopted under
this Article may specify that dispute resolution services will be provided by
the Commission, and in accordance with procedural rules adopted by the
Commission.
(3) Grounds for Resolution of Household Goods Disputes.
A dispute under this Article shall be resolved adverse to the
carrier if:
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-5203) (from Ch. 95 1/2, par. 18c-5203)
Sec. 18c-5203.
Award of Attorneys Fees.
(1) Award to Complaining Shipper.
In any court action to resolve a dispute within the scope of
this Article, the court shall award reasonable attorney's
fees to the complaining shipper if:
(2) Award to carrier.
In any court action to resolve a dispute within the scope of
this Article, the court may award reasonable attorney's fees
to the carrier if the shipper brought the action in bad faith
after submitting the dispute for resolution under the dispute resolution
procedures specified by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
Sec. 18c-5204.
Investigation of Practices of Household Goods
Carriers.
The Commission may, on its own motion or on complaint, conduct an
investigation to determine whether a household goods carrier has,
with or without the license required under Sub-chapter 4 of this Chapter,
engaged in a pattern or practice of underestimating freight
charges for household goods shipments, or has otherwise violated
provisions of this Chapter, Commission regulations or orders, and may
invoke any or all sanctions provided for in Article VII of
Sub-chapter 1 of this Chapter against the carrier if such a pattern or
practice,
or any other violation, is found to have occurred.
(Source: P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/18c-5205) (from Ch. 95 1/2, par. 18c-5205)
Sec. 18c-5205.
Applicability of Article.
This Article applies to
disputes arising from transactions which occur at least 180 days after the
effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 5 Art III heading)
(625 ILCS 5/18c-5301) (from Ch. 95 1/2, par. 18c-5301)
Sec. 18c-5301.
Application of Article.
The provisions of this Article
shall apply to non-relocation towing. Where the provisions of this
Article conflict with any other provisions in this Chapter, the
provisions of this Article shall govern.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)
Sec. 18c-5302.
Commission to Adopt Special Rules.
(1) General Provisions. The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing. Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article. Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.
(2) Towing at Owner's Request. The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.
(Source: P.A. 88-45.)
(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
Sec. 18c-5303.
The Fitness Test.
(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:
(a) A summary statement of net worth;
(b) A listing of applicant's drivers and any persons who assist or supervise drivers;
(c) A description of equipment to be used in providing service under the license;
(d) A statement that the applicant has not:
(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or
(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;
(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;
(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;
(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and
(h) Proof of insurance in compliance with Commission regulations and orders.
(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.
(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5304) (from Ch. 95 1/2, par. 18c-5304)
Sec. 18c-5304.
The Public Need/Public Convenience and Necessity Test.
Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:
(1) Existing Towing Companies.
(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:
(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and
(ii) Describing its operations during such period.
(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:
(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and
(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.
(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.
(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.
(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5305) (from Ch. 95 1/2, par. 18c-5305)
Sec. 18c-5305.
Hearings in Non-Relocation Towing Authority Cases.
(1) Hearings on Fitness Required. Hearings on applications for
non-relocation towing licenses shall be governed by the provisions of
Section 18c-2101 of this Code, with regard to the issue of fitness; and by
the provisions of subsection (2) of Section 18c-2102 of this Code, with
regard to the issue of public need/public convenience and necessity. Hearings
in other
non-relocation towing cases shall be governed by the provisions of Section
18c-2102 of this Code.
(2) Setting and Conduct of Licensing Hearings.
(a) Regional Hearings. Hearings on applications for non-relocation
towing licenses shall be consolidated and conducted regionally for the
convenience of the parties. Where practicable:
(i) Hearings shall be conducted at a location not more than 50 miles
from the principal place of the applicant's business;
(ii) The Commission shall schedule joint hearings at each regional location.
(b) Scheduling of Hearings. Hearings on applications for non-relocation
towing licenses shall be scheduled and concluded so as to minimize
inconvenience to the parties. Where practicable, hearings on an
application shall be concluded in a single day, unless:
(i) Continuance is required for the applicant to produce evidence of its fitness; or
(ii) A petition for leave to intervene in opposition is properly filed and granted.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5306) (from Ch. 95 1/2, par. 18c-5306)
Sec. 18c-5306.
Denial, Suspension, or Revocation of Licenses.
If, at
any time during or after adjudication of a non-relocation towing license
application, there exists an issue with regard to the fitness of the
applicant, the Commission may suspend any temporary license granted to the
applicant. If the
applicant is not shown to be fit, the Commission shall revoke the temporary
license and deny the application for a permanent license. If, at any time
subsequent to the grant of a permanent license, the holder is determined to
be unfit, the Commission shall suspend or revoke the license. Suspension
or revocation shall be after notice and hearing, absent waiver of same by
respondent, as provided for other than motor carrier of property authority
cases under Section 18c-2102 of this Code.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5307) (from Ch. 95 1/2, par. 18c-5307)
Sec. 18c-5307.
False Statements by Applicant.
Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5308) (from Ch. 95 1/2, par. 18c-5308)
Sec. 18c-5308.
Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.
(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5309) (from Ch. 95 1/2, par. 18c-5309)
Sec. 18c-5309.
Ratemaking.
Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.
(Source: P.A. 84-1311.)
(625 ILCS 5/18c-5310) (from Ch. 95 1/2, par. 18c-5310)
Sec. 18c-5310.
Insurance.
(1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.
(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.
(Source: P.A. 84-1311.)
(625 ILCS 5/Ch. 18C Sub-ch. 6 heading)
(625 ILCS 5/Ch 18C Sub 6 Art I heading)
(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102.
Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;
(2) commuter vans as defined in this Code;
(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;
(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;
(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing Arrangements Act;
(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and
(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.
(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
(625 ILCS 5/18c-6103) (from Ch. 95 1/2, par. 18c-6103)
Sec. 18c-6103.
Unlawful Operations.
Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:
(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.
(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;
(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or
(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 6 Art II heading)
(625 ILCS 5/18c-6201) (from Ch. 95 1/2, par. 18c-6201)
Sec. 18c-6201.
Requirements for issuance of licenses.
(1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:
(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-6202) (from Ch. 95 1/2, par. 18c-6202)
Sec. 18c-6202.
Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.
(Source: P.A. 85-553.)
(625 ILCS 5/Ch 18C Sub 6 Art III heading)
(625 ILCS 5/18c-6301) (from Ch. 95 1/2, par. 18c-6301)
Sec. 18c-6301.
General Provisions.
No motor common carrier of passengers shall add to, change,
reduce, or discontinue service to any point along a route over
which the carrier is authorized to provide intrastate service,
except in accordance with the provisions of this Article.
(Source: P.A. 85-553.)
(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302.
Definitions.
The following terms, when used in this Article,
shall have the hereinafter designated meanings.
(1) "Addition" to service means the institution of new
scheduled service.
(2) "Change" in service means a change in the time or times of
scheduled service which does not constitute a reduction or
discontinuance of service.
(3) "Reduction" of service means any reduction in the level of
scheduled service which does not constitute discontinuance of
the carrier's service.
(4) "Discontinuance" of service means total discontinuance of
service to any point along a route over which the carrier is
authorized to provide service or reduction in the level of
service to any such point to less than one round trip per
weekday (Monday through Friday).
(Source: P.A. 90-655, eff. 7-30-98.)
(625 ILCS 5/18c-6303) (from Ch. 95 1/2, par. 18c-6303)
Sec. 18c-6303.
Schedule Changes and Reductions in Service.
Any motor common carrier of passengers may add to, change, or
reduce the level of its service to any point along a route over
which the carrier is authorized to provide service, provided that
the addition, change or reduction does not constitute
discontinuance of service to any point along a route over which the carrier
is authorized to serve, after the carrier has served notice in
accordance with Commission regulations adopted pursuant to this
Article, and without prior authorization.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-6304) (from Ch. 95 1/2, par. 18c-6304)
Sec. 18c-6304.
Discontinuances.
No motor common carrier of passengers shall discontinue service
to any point along a route over which the carrier is authorized
to provide service except in accordance with provisions of
Section 18c-6305 of this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-6305) (from Ch. 95 1/2, par. 18c-6305)
Sec. 18c-6305.
Prior Notice and Petition for Authorization.
(1) Annual and Amended Lists of Points Under Consideration for
Discontinuance.
By March of each calendar year, each motor carrier of
passengers shall submit to the Commission a list of routes and
points which it is authorized to serve which the carrier has
under consideration for discontinuance within the following
12 months. A carrier may amend its list on the
1st day of each subsequent month.
(2) Notice of Intent to Discontinue.
Not less than 30 days after a point appears on a
list of points under consideration for discontinuance, the
carrier may serve on the Commission the carrier's Notice of
Intent to discontinue service. Such notice shall be for the
purpose of alerting the Commission and allowing a period of
time during which alternatives to discontinuance, or
alternative service, may be explored.
(3) Petitions to Discontinue.
Not less than 60 nor more than 90 days after
the filing of a Notice of Intent to discontinue, the carrier
may formally propose discontinuance by filing in accordance
with such requirements as to form and content as the
Commission may prescribe. The Commission may investigate the
proposal, and may suspend the discontinuance pending the
outcome of the investigation for a period not to exceed
90 days from the date the proposal is filed. The
Commission shall determine, after considering the public need
for service, revenues (both those which have been received
and those which might be received, by subsidy or otherwise)
and variable costs associated with the service, and the
availability of reasonable alternative transportation service
whether the public convenience and necessity requires
continuation of the service proposed to be discontinued. If
the Commission determines that the public convenience and
necessity requires continuation, it shall so order;
otherwise, the proceeding shall be dismissed.
(4) Waiver or Notice.
Prior notice requirements under this Section may be waived
for good cause or where the carrier has made substantial
compliance with such prior notice requirements or compliance
is not necessary to effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 6 Art IV heading)
(625 ILCS 5/18c-6401) (from Ch. 95 1/2, par. 18c-6401)
Sec. 18c-6401.
Ratemaking.
The Commission may exercise, with respect to rate regulation of
motor carriers of passengers, any and all power which it may
exercise with respect to rate regulation of motor carriers of
property. Motor carriers of passengers shall be in all respects
subject to provisions of this Chapter governing ratemaking for motor
carriers of property, except as provided in 49 U.S. Code
11501(e).
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 6 Art V heading)
(625 ILCS 5/18c-6501) (from Ch. 95 1/2, par. 18c-6501)
Sec. 18c-6501.
Hours of Service for Drivers.
No motor carrier of passengers shall operate any vehicle with a
manufacturer's rated seating capacity of more than 8
persons, including the driver, except in compliance with federal
hours of service regulations codified at 49 Code of Federal
Regulations Part 395, Hours of Service of Drivers, as amended.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
(Text of Section before amendment by P.A. 102-982)
Sec. 18c-6502.
Report and Investigation of Accidents.
(1) Reports.
Every motor carrier of passengers shall report to the
Commission, by the speediest means possible, whether telephone,
telegraph, or otherwise, every accident involving its
equipment which resulted in loss of life to any person. In
addition to reports required to be filed with the Department of
Transportation, under Article IV of Chapter 11 and Chapter 7 of this
Code, such carrier shall file a written report with the
Commission, in accordance with regulations adopted hereunder,
of any accident which results in injury or loss of life to
any employee, or damage to the person or property of any
member of the public. The Commission and the Department of
Transportation may adopt, by
reference, such state or federal reporting requirements as
will effectuate the purposes of this Section and promote
uniformity in bus accident reporting.
(2) Investigations.
The Commission and the Department of Transportation may investigate any
bus accident reported to
it or of which it acquires knowledge independent of reports
made by motor carriers of passengers, and shall have the
power to enter such orders and adopt such regulations as will
minimize the risk of future accidents.
(Source: P.A. 84-1246.)
(Text of Section after amendment by P.A. 102-982)
Sec. 18c-6502. Report and Investigation of Crashes.
(1) Reports.
Every motor carrier of passengers shall report to the
Commission, by the speediest means possible, whether telephone,
telegraph, or otherwise, every crash involving its
equipment which resulted in loss of life to any person. In
addition to reports required to be filed with the Department of
Transportation, under Article IV of Chapter 11 and Chapter 7 of this
Code, such carrier shall file a written report with the
Commission, in accordance with regulations adopted hereunder,
of any crash which results in injury or loss of life to
any employee, or damage to the person or property of any
member of the public. The Commission and the Department of
Transportation may adopt, by
reference, such state or federal reporting requirements as
will effectuate the purposes of this Section and promote
uniformity in bus crash reporting.
(2) Investigations.
The Commission and the Department of Transportation may investigate any
bus crash reported to
it or of which it acquires knowledge independent of reports
made by motor carriers of passengers, and shall have the
power to enter such orders and adopt such regulations as will
minimize the risk of future crashes.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/18c-6503) (from Ch. 95 1/2, par. 18c-6503)
Sec. 18c-6503.
Insurance.
The provisions of Article IX of Subchapter 4
of this Chapter regarding insurance for motor carriers of property shall
apply to motor carriers of passengers subject to the jurisdiction of the
Commission under this Subchapter as if all references in Article IX were to
motor carriers of passengers.
(Source: P.A. 84-1025.)
(625 ILCS 5/Ch. 18C Sub-ch. 7 heading)
(625 ILCS 5/Ch 18C Sub 7 Art I heading)
(625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
Sec. 18c-7101.
Jurisdiction Over Rail Carriers.
The jurisdiction of the
Commission under this Sub-chapter shall be exclusive and shall extend to
all intrastate and interstate rail carrier operations within this State,
except to the extent that its jurisdiction is preempted by valid provisions
of the Staggers Rail Act of 1980 or other valid federal statute, regulation, or
order.
(Source: P.A. 85-406.)
(625 ILCS 5/Ch 18C Sub 7 Art II heading)
(625 ILCS 5/18c-7201) (from Ch. 95 1/2, par. 18c-7201)
Sec. 18c-7201.
Registration as a Rail Carrier.
(1) General Provisions.
Except as provided in subsection (2) of this Section, no
person shall operate as a rail carrier, and no person shall
begin or continue construction of any track or other
facilities, other than the repair or replacement of existing
plant, for use in operations as a rail carrier unless such
person has registered with the Commission as a rail carrier.
(2) Exceptions.
Each rail carrier operating within the State of Illinois on
the effective date of this Chapter shall automatically be deemed,
as of that date, to have registered as a rail carrier for
purposes of this Section. Such constructive registration
shall expire on the 180th day after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-7202) (from Ch. 95 1/2, par. 18c-7202)
Sec. 18c-7202.
Duties and Obligations of Rail Carriers.
Each rail carrier shall provide adequate service to the public at
reasonable rates and without discrimination.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-7203) (from Ch. 95 1/2, par. 18c-7203)
Sec. 18c-7203.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
(625 ILCS 5/Ch 18C Sub 7 Art III heading)
(625 ILCS 5/18c-7301) (from Ch. 95 1/2, par. 18c-7301)
Sec. 18c-7301.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
(625 ILCS 5/18c-7302) (from Ch. 95 1/2, par. 18c-7302)
Sec. 18c-7302.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
(625 ILCS 5/Ch 18C Sub 7 Art IV heading)
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety requirements for track, facilities, and
equipment.
(1) General Requirements. Each rail carrier shall, consistent with rules,
orders, and regulations of the Federal Railroad Administration, construct,
maintain, and operate all of its equipment, track, and other property in this
State in such a manner as to pose no undue risk to its employees or the person
or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad Administration
shall be safety standards of the Commission. The Commission may, in addition,
adopt by reference in its regulations other federal railroad safety standards,
whether contained in federal statutes or in regulations adopted pursuant to
such statutes.
(3) Railroad Crossings. No public road, highway, or street shall hereafter
be constructed across the track of any rail carrier at grade, nor shall the
track of any rail carrier be constructed across a public road, highway or
street at grade, without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement of lawfully
existing roads, highways, and tracks.
No public pedestrian bridge or subway shall be constructed across the track
of any rail carrier without having first secured the permission of the
Commission.
The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as it may
prescribe.
The Commission shall have power to determine and prescribe the
manner, including the particular point of crossing, and the terms of
installation, operation, maintenance, use, and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or to
require a
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the parties,
the terms upon which such separations shall be made and the
proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades, having regard
to the benefits, if any, accruing to the rail carrier or any party in
interest,
shall be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county, municipality
or other public authority in interest.
However, a public hearing by the Commission to abolish a crossing shall not
be required
when the public highway authority in interest vacates the highway. In such
instance
the rail carrier, following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and the grade
crossing surface.
The Commission shall also have power by its order to require
the reconstruction, minor alteration, minor relocation, or
improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether such crossing
be at grade
or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary
and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the benefits, if
any, accruing
to the railroad or any party in interest,
between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost
to be so apportioned shall include the cost of changes or
alterations in the equipment of public utilities affected as
well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such
reconstruction, alteration, relocation, or improvement of said
crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written
stipulation in which the Commission, the public highway
authority or other public authority in interest, the rail carrier or
carriers
affected, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and
the subsequent maintenance thereof and the division of costs
of such changes of any grade crossing (including the
necessary highway approaches thereto) of any railroad across
any highway, pedestrian bridge, or pedestrian subway.
The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund. Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate.
Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection
shall be as flush with the rails as superelevated curves will
allow, and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of
not more than 5% within the right of way for a distance of
not less the 6 feet on each side of the centerline of such
tracks; provided, that the grades at the approaches may be
maintained in excess of 5% only when authorized by the
Commission.
Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing.
The Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing
signals, crossing
gates illuminated at night, or other protective devices
in
order to promote and safeguard the health and safety of the
public.
Luminous flashing signal or crossing gate
devices installed at grade crossings, which have been approved
by the Commission, shall be deemed adequate and appropriate.
The Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective
devices between the rail carrier or carriers, the public highway
authority or other public authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Transportation.
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems interconnected with
highway traffic control signals, without having first received the approval of
the Commission. The Commission shall have the further power, upon application,
upon its own motion, or upon
complaint and after having made proper investigation, to require
the interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings within
the distances described by the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code. In addition, State and local
authorities may not install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is interconnected or proposed to
be interconnected with grade crossing warning devices when the change affects
the number, type, or location of traffic control devices on the track approach
leg or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the installation,
removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the railroad-highway grade
crossing. The electrical circuit devices, alternate warning devices, and
preemption sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and
intersection area, to the State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such federal
standards as are made applicable by subsection (2) of this Section. In order
to carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing of the railroad
preemption sequence of operation.
The Commission shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between the railroad or
railroads and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be
directed to make restitution for the costs of repair or
replacement, or both, necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public safety
by establishing safe grade crossings. In order to implement this policy, the
Illinois Commerce Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing should be
opened or abolished. The following factors shall be considered by the
Illinois Commerce Commission in developing the specific criteria for opening
and abolishing grade crossings:
The Illinois Commerce Commission, upon petition to open or abolish a grade
crossing, shall enter an order opening or abolishing the crossing if it meets
the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance shall
a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains; Radio Communications.
The Commission shall after hearing and order require that
every main line railroad freight train operating on main
tracks outside of yard limits within this State shall be
equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the
requirements of this Section as to secondary and branch
lines.
(5) Railroad Bridges and Trestles; Walkway and Handrail.
In cases in which the Commission finds the same to be
practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to Injured on Trains.
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing, to order:
The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities, and
the State, county, municipality, township, road district, or
other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less
than 23 feet
above the top of rail shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission may permit a lesser
clearance if it determines
that the 23-foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(9) Right of Access To Railroad Property.
(625 ILCS 5/18c-7401.1)
Sec. 18c-7401.1. Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards.
(Source: P.A. 93-791, eff. 7-22-04.)
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
(Text of Section before amendment by P.A. 102-982)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(2) Other operational requirements.
(3) Report and investigation of rail accidents.
(Text of Section after amendment by P.A. 102-982)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(2) Other operational requirements.
(3) Report and investigation of rail accidents.
(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
(625 ILCS 5/18c-7402.1)
Sec. 18c-7402.1.
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
and Will.
(Source: P.A. 92-284, eff. 8-9-01.)
(625 ILCS 5/18c-7402.5)
Sec. 18c-7402.5.
(Repealed).
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
(625 ILCS 5/18c-7406)
Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.)
(625 ILCS 5/Ch 18C Sub 7 Art V heading)
(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
Sec. 18c-7502. Malicious removal of or damage to railroad property or
freight.
(a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
have:
(b) Penalties.
(c) Definitions. As used in this Section:
"Bodily injury" means:
"Railroad" means any form of nonhighway ground transportation that runs on
rails or
electromagnetic guideways, including:
"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
owned, leased,
or used in the operation of any railroad carrier including trains, locomotives,
engines, railroad
cars, work equipment, rolling stock, or safety devices. "Railroad property"
does
not include a
railroad carrier's administrative buildings or offices, office equipment, or
intangible property
such as software or other information.
"Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling
stock is kept when not in use or when awaiting repair.
"Serious bodily injury" means bodily injury that involves:
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(2) Penalties.
(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means
any form of
nonhighway ground transportation that runs on rails or electromagnetic
guideways,
including:
"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
engines,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
(625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
Sec. 18c-7504.
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
willfully done.
(2) Enforcement.
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch. 18C Sub-ch. 8 heading)
(625 ILCS 5/Ch 18C Sub 8 Art I heading)
(625 ILCS 5/18c-8101) (from Ch. 95 1/2, par. 18c-8101)
Sec. 18c-8101.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
(625 ILCS 5/Ch 18C Sub 8 Art II heading)
(625 ILCS 5/18c-8201) (from Ch. 95 1/2, par. 18c-8201)
Sec. 18c-8201.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
(625 ILCS 5/Ch 18C Sub 8 Art III heading)
(625 ILCS 5/18c-8301) (from Ch. 95 1/2, par. 18c-8301)
Sec. 18c-8301.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
(625 ILCS 5/Ch 18C Sub 8 Art IV heading)
(625 ILCS 5/18c-8401) (from Ch. 95 1/2, par. 18c-8401)
Sec. 18c-8401.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
(625 ILCS 5/Ch. 18C Sub-ch. 9 heading)
(625 ILCS 5/Ch 18C Sub 9 Art I heading)
(625 ILCS 5/18c-9101) (from Ch. 95 1/2, par. 18c-9101)
Sec. 18c-9101.
Remedies Cumulative.
Rights and remedies under this Chapter shall be cumulative of each
other and of rights and remedies under other provisions of law,
except as otherwise expressly provided herein. Exercise of one
right or remedy under this Chapter shall not waive or bar exercise of
any other, and imposition of one sanction under this Chapter shall
not be a bar to imposition of any other sanction provided for in
this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/Ch 18C Sub 9 Art II heading)
(625 ILCS 5/18c-9201) (from Ch. 95 1/2, par. 18c-9201)
Sec. 18c-9201.
Grandfather Clause.
Except as otherwise expressly provided in this Chapter, valid
regulations adopted, licenses, registrations, certifications and
other authorizations issued or recognized, rates established
or recognized, and forms promulgated or utilized under Acts or parts
of Acts repealed by this Act
shall have the same force and effect as if adopted, issued,
established, or recognized under this Chapter.
(Source: P.A. 85-553.)
Structure Illinois Compiled Statutes
625 ILCS 5/ - Illinois Vehicle Code.
Chapter 1 - Title And Definitions
Chapter 2 - The Secretary Of State
Chapter 3 - Certificates Of Title And Registration Of Vehicles
Chapter 4 - Anti-Theft Laws and Abandoned Vehicles
Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders
Chapter 6 - The Illinois Driver Licensing Law
Chapter 7 - Illinois Safety And Family Financial Responsibility Law
Chapter 8 - Motor Vehicles Used For Transportation Of Passengers
Chapter 9 - Owners Of For Rent Vehicles For-Hire
Chapter 11 - Rules Of The Road
Chapter 12 - Equipment Of Vehicles
Chapter 13 - Inspection Of Vehicles
Chapter 13B - Emission Inspection (Repealed)
Chapter 13C - Emission Inspection
Chapter 15 - Size, Weight, Load And Permits
Chapter 16 - Enforcement, Penalties And Disposition Of Fines And Forfeitures, And Criminal Cases
Chapter 17 - Illinois Highway Safety Law
Chapter 18a - Illinois Commercial Relocation Of Trespassing Vehicles Law
Chapter 18b - Motor Carrier Safety Regulations
Chapter 18c - Illinois Commercial Transportation Law
Chapter 18d - Illinois Commercial Safety Towing Law
Chapter 20 - Miscellaneous Provisions, Effect Of Act And Repeal Of Named Acts