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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18a-301
(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
Sec. 18a-301. Commercial vehicle relocators - Security requirements.
Every commercial vehicle relocator shall file with the Commission and have
in effect an indemnity bond or insurance policy or certificates of bonds
or insurance in lieu thereof which shall indemnify or insure the relocator
for its liability: (1) for injury to person, in an amount not less than
$100,000 to any one person and $300,000 for any one crash; (2) in case
of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one crash; and (3) in case of damage to any
vehicle relocated or stored by the relocator, in an amount not less than
$15,000 per vehicle. Any such bond or policy shall be issued by a bonding
or insurance firm authorized to do business as such in
the State of Illinois.
All certificates or indemnity bonds or insurance filed with the Commission
must show the coverage effective continuously until cancelled, and the Commission
may require such evidence of continued validity as it deems necessary.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/18a-302
(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
Sec. 18a-302.
Owner or other person in lawful possession or control
of private property - Right to employ relocation service. It shall be
unlawful for an owner or other person in lawful possession or control of
private property to remove or employ a commercial relocator to remove an
unauthorized vehicle from such property unless written notice is
provided to the effect that such vehicles will be removed, including the
name, address and telephone number of the appropriate commercial vehicle
relocator, if any. Such notice shall consist of a sign, posted in a conspicuous
place in the affected area, of a size at least 24 inches in height by 36
inches in width. Such sign shall be at least 4 feet from the ground but
less than 8 feet from the ground and shall be either illuminated or painted
with reflective paint, or both. Such sign shall state the amount of towing
charges to which the person parking may be subject.
This provision shall not be construed as prohibiting any unit
of local government from imposing additional or greater notice
requirements.
No express notice shall be required under this Section upon
residential property which, paying due regard to the circumstances and
the surrounding area, is clearly reserved or intended exclusively for
the use or occupation of residents or their vehicles.
(Source: P.A. 81-332.)
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625 ILCS 5/18a-303
(625 ILCS 5/18a-303) (from Ch. 95 1/2, par. 18a-303)
Sec. 18a-303.
Civil and Criminal liability.
Nothing in this Chapter shall
be construed to limit or alter the vehicle owner's civil or criminal liability
for trespass. Nothing in this Chapter shall be construed to limit or alter
the civil or criminal liability of any person or entity for any
act or omission. All penalties accruing under this Law shall be cumulative
of each other and a suit for recovery of one penalty shall not bar or affect
the recovery of another penalty.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-304
(625 ILCS 5/18a-304) (from Ch. 95 1/2, par. 18a-304)
Sec. 18a-304.
Operators - Unlawful Practices.
It shall be unlawful for any operator:
(1) To act as an operator without a valid, current operator's employment permit.
(2) To violate any other provision of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-305
(625 ILCS 5/18a-305) (from Ch. 95 1/2, par. 18a-305)
Sec. 18a-305.
Aiding and abetting.
It shall be unlawful for any
person to aid or abet in any violation of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-306
(625 ILCS 5/18a-306) (from Ch. 95 1/2, par. 18a-306)
Sec. 18a-306.
Equipment Leasing.
Provisions in Section 18c-4103 of
the Illinois Commercial Transportation Law, as amended, shall likewise
govern equipment leasing by relocators except to the extent as otherwise
provided in this Law.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-307
(625 ILCS 5/18a-307) (from Ch. 95 1/2, par. 18a-307)
Sec. 18a-307.
Enforcement.
Provisions in Article VII of subchapter 1
of the Illinois Commercial Transportation Law, governing
enforcement of the Illinois Commercial Transportation Law, shall likewise
govern the enforcement of this Chapter.
(Source: P.A. 85-923.)
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625 ILCS 5/Ch. 18a Art. IV
(625 ILCS 5/Ch. 18a Art. IV heading)
ARTICLE IV.
LICENSES
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625 ILCS 5/18a-400
(625 ILCS 5/18a-400) (from Ch. 95 1/2, par. 18a-400)
Sec. 18a-400.
Relocator's licenses - Applications, original determinations.
(a) Each application for a license to operate as a commercial vehicle relocator
shall be made in writing to the Commission, shall be verified under oath, shall be in
such form and contain such information as the Commission may by regulation
require, and shall be accompanied by the required application fee and
proof of security.
(b) Upon the filing of such application, the Commission shall, within
a reasonable time, fix a time and place for public hearing thereon. At least
10 days before the hearing, the Commission shall notify the applicant and
all parties of record to such proceeding of the time and place of such
hearing, by mailing a notice thereof to each such party to the address
of such party shown in the records of such proceeding. Any person having
an interest in the subject matter may appear at the hearing in support of
or in objection to the application.
(c) The applicant shall publish a notice on a form prescribed by the Commission
covering the filing of such application at least 10 days prior to the time
of the initial hearing in (i) the official newspaper selected by the Department
of Finance of the State of Illinois pursuant to Section 4 of the Illinois
Purchasing Act, and (ii) a secular newspaper of general
circulation and published in the county in the State of Illinois, wherein
the applicant or applicants propose to maintain their principal office and
place of business within the State of Illinois. The Commission may by regulation
or otherwise order applicants to give such further notice as it deems required.
The Commission may give additional notice of the filing of such application
as it may deem reasonable and proper as prescribed in its rules. The Director
of the Department of Finance of the State of Illinois for the purposes hereof
shall over his or her signature as such Director annually and immediately
upon selecting the official newspaper certify to the Illinois Commerce
Commission
the name and address of said newspaper, together with the date of expiration
of the period of one year for which said newspaper was so selected and the
Commission shall filemark each such certification as of the date it receives
the same and shall keep an official file of said certifications of said
Director conveniently available at its office in Springfield, Illinois;
provided, however, that in any and all events and for all purposes of this
Section and this Chapter, should the aforesaid Director for any reason fail
to make said certification annually, the newspaper set forth in the
certification
aforesaid of said Director filemarked by the Commission as of the most recent
date shall be the official newspaper in which publication is required hereby.
In case publication is required hereby in a newspaper published in a particular
county and no newspaper is so published, then and in that case publication
shall be made in a newspaper published in the closest county thereto which
meets the circulation requirements of this Section.
(d) The Commission shall issue a relocator's license to any qualified
applicant therefor after hearing, pursuant to an application filed, if it
is found that the applicant is fit, willing and able properly to perform
the service proposed and to conform to provisions of this Chapter and the requirements,
rules and regulations of the Commission thereunder; otherwise such application
shall be denied. The order of the Commission granting or denying a relocator's
license shall set forth the specific findings of fact on which such order
is based. Notwithstanding any other provision of this Chapter no such license
shall be issued to any person who has failed to pay any registration fee
or any tax due from such person to the State of Illinois for the privilege
of operating any motor vehicle on the public highways in the State of Illinois.
(e) Operation over the public highways of this State conducted pursuant
to a relocator's license shall be in conformity with all of the laws of
this State pertaining to motor vehicle operation over such public highways.
(f) No relocator's license shall confer
any proprietary or property rights in the use of the public highways.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-401
(625 ILCS 5/18a-401) (from Ch. 95 1/2, par. 18a-401)
Sec. 18a-401.
Relocator's licenses - Expiration and renewal.
All relocator's
licenses shall expire 2 years from the date of issuance by the Commission.
The Commission may temporarily extend the duration of a license for the
pendency of a renewal application until formally approved or denied.
Upon filing, no earlier than
90 days nor later than 45 days prior to such expiration,
of written application for renewal, verified under oath, in such form and
containing such information as the Commission shall by regulation require,
and accompanied by the required application fee and proof of security, the
Commission shall, unless it has received information of cause not to do
so, renew the license. If the Commission has information of cause not to
renew such license, it shall so notify the applicant, and shall hold a hearing
as provided for in Section 18a-400. The Commission may at any time during
the term of the license make inquiry into the management, conduct of business,
or otherwise to determine that the provisions of this Chapter 18A and the
regulations of the Commission promulgated thereunder are being observed.
(Source: P.A. 82-616.)
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625 ILCS 5/18a-402
(625 ILCS 5/18a-402) (from Ch. 95 1/2, par. 18a-402)
Sec. 18a-402.
Relocator's license - Transfer.
A relocator's license is
not transferable.
(Source: P.A. 80-1459.)
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625 ILCS 5/18a-403
(625 ILCS 5/18a-403) (from Ch. 95 1/2, par. 18a-403)
Sec. 18a-403.
Operator's or dispatcher's employment permits -
Applications, original determinations. (1) Each application for an
operator's or dispatcher's employment permit shall be made in writing to
the Commission, shall be acknowledged before a notary public, shall be in
such form and shall contain such information as the Commission may by
regulation require, and shall be accompanied by the required application
fee and proof, in a form prescribed by the Commission, that the operator
applicant has a valid driver's license issued by the Secretary of State.
(2) Upon the filing of such application, the Commission shall conduct
an investigation of the criminal record, if any, of the applicant. The
Commission shall, within 3 working days, issue to any new
applicant for an employment permit a provisional operator's or
dispatcher's employment permit unless the Commission finds that the
applicant has committed an offense for which the permit could be revoked
under Section 18a-404 of this Chapter.
This provisional employment permit shall be valid for
a period of 1 year unless suspended or revoked by order of the Commission.
At the end of 1 year, the provisional permit shall automatically become
permanent unless the permit was revoked by order of the Commission during
the preceding year. The permanent permit shall remain valid unless
suspended or revoked by order of the Commission under this law.
(3) The permit shall identify the operator or dispatcher by
name and address, and shall identify the relocator by which the operator or
dispatcher will be employed by name, address and relocator's permit
number. The permit shall be valid only when the operator or dispatcher is
employed by the relocator identified thereon.
Operation over the public highways of this State conducted pursuant
to an operator's license issued under the provisions of this Section shall
be in conformity with all the laws of this State pertaining to motor vehicle
operation over such public highways.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-404
(625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
Sec. 18a-404. Operator's and dispatcher's employment permits -
Revocation. (1) The Commission shall suspend or revoke the permit of
an operator if it finds that:
(a) The operator or dispatcher made a false statement | | on the application for an operator's or dispatcher's employment permit;
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(b) The operator's or dispatcher's driver's license
| | issued by the Secretary of State has been suspended or revoked;
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(c) The operator or dispatcher has been convicted,
| | during the preceding 5 years, of any criminal offense of the State of Illinois or any other jurisdiction involving any of the following, and the holder does not make a compelling showing that he is nevertheless fit to hold an operator's license:
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| (i) Bodily injury or attempt to inflict bodily
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(ii) Theft of property or attempted theft of
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(iii) Sexual assault or attempted sexual assault
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(d) The operator or dispatcher has, during the
| | preceding 5 years, violated this Chapter, Commission regulations or orders, or any other law affecting public safety, and the holder does not make a compelling showing that he or she is nevertheless fit to hold an operator's license.
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| (2) The Commission, upon notification and verification of any conviction
described in this Section, of any person to whom license has been issued,
occurring within the 5 years prior to such issuance or any time thereafter,
shall immediately suspend the employment permit of such person, and
issue an order setting forth the grounds for revocation. The person and
his employer shall be notified of such suspension. Such person shall not
thereafter be employed by a relocator until a final order is issued by the
Commission either reinstating the employment permit, upon a finding that
the reinstatement of an employment permit to the person constitutes no
threat to the public safety, or revoking the employment permit.
(3) If the employment permit is revoked, the
person shall not thereafter be employed by a relocator until he obtains an
employment permit license under Article IV of this Chapter.
(Source: P.A. 94-895, eff. 1-1-07; 95-331, eff. 8-21-07.)
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625 ILCS 5/18a-405
(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration and renewal.
All operator's employment permits shall expire 2 years from the date of
issuance by the Commission. The Commission may temporarily extend the
duration of an employment permit for the pendency of a renewal application
until formally approved or denied. Upon filing, no earlier than 90 nor
later than 45 days prior to such expiration, of written application for
renewal, acknowledged before a notary public, in such form and containing
such information as the Commission shall by regulation require, and
accompanied by the required fee and proof of possession of a valid driver's
license issued by the Secretary of State, the Commission shall, unless it
has received information of cause not to do so, renew the applicant's
operator's employment permit. If the Commission does not renew such
employment permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the employment
permit make inquiry into the conduct of the permittee to determine that the
provisions of this Chapter 18A and the regulations of the Commission
promulgated thereunder are being adhered to.
(Source: P.A. 97-813, eff. 7-13-12.)
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625 ILCS 5/18a-406
(625 ILCS 5/18a-406) (from Ch. 95 1/2, par. 18a-406)
Sec. 18a-406.
Operator's employment permits - Transfer.
An operator's
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
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625 ILCS 5/18a-407
(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits,
expiration and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
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625 ILCS 5/18a-408
(625 ILCS 5/18a-408) (from Ch. 95 1/2, par. 18a-408)
Sec. 18a-408.
Dispatcher's employment permit - Transfer.
A dispatcher's
employment permit is not transferable to another dispatcher or to another
relocator.
(Source: P.A. 85-923.)
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