(625 ILCS 5/18b-112)
Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Department" means the Department of State
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
"Equipment provider" is the owner of an intermodal trailer, chassis, or
This includes any forwarding company, water carrier, steamship line, railroad,
equipment leasing company, and their subsidiary or affiliated companies owning
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
(1) If as a result of a roadside inspection by the
Department, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
(2) A rebuttable presumption exists that the
following defects were present at the time of the interchange:
(A) There is a defect with the brake drum
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
(I) there is no movement of any
(II) there are missing, broken, or loose
(III) there are mismatched components.
(C) There is a defect with the air lines and
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
(D) There is a defect with the reservoir tank
when there is any separation of original attachment points.
(E) There is a defect with the frames
(I) there is any cracked, loose, sagging, or
broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
(II) there is any condition which causes
moving parts to come in contact with the frame.
(F) There is an electrical defect when wires are
(G) There is a defect with the wheel assembly
(I) there is low or no oil;
(II) there is oil leakage on brake
(III) there are lug nuts that are loose or
(IV) the wheel bearings are not properly
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
(III) there are exposed plys or belting
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
except a manufactured crack; or
(II) there is a lock or side ring cracked,
bent, broken, sprung, improperly seated, or mismatched.
(J) There is a defect with the suspension
(I) there are spring assembly leaves broken,
missing, or separated; or
(II) there are spring hanger, u-bolts, or
axle positioning components cracked, broken loose, or missing.
(K) There is a defect with the chassis locking
pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.
(3) If an operator receives a citation for a
violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of the citation; and
(B) costs incurred by the operator to repair the
defects specified in the citation, including any towing costs incurred.
The equipment provider shall reimburse the operator
within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 91-662, eff. 7-1-00.)