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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 5/18c-3207
(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.)
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625 ILCS 5/18c-3208
(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.)
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625 ILCS 5/18c-3209
(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.)
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625 ILCS 5/18c-3210
(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.)
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625 ILCS 5/18c-3211
(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.)
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625 ILCS 5/18c-3212
(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.)
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625 ILCS 5/18c-3213
(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.)
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625 ILCS 5/Ch 18C Sub 3 Art III
(625 ILCS 5/Ch 18C Sub 3 Art III heading)
ARTICLE
III. OTHER PROVISIONS COMMON
TO ALL TRANSPORTATION MODES
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625 ILCS 5/18c-3301
(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.)
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625 ILCS 5/18c-3302
(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.)
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625 ILCS 5/18c-3303
(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.)
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625 ILCS 5/18c-3304
(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.)
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625 ILCS 5/Ch. 18C Sub-ch. 4
(625 ILCS 5/Ch. 18C Sub-ch. 4 heading)
SUB-CHAPTER 4.
MOTOR CARRIERS OF PROPERTY
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625 ILCS 5/Ch 18C Sub 4 Art I
(625 ILCS 5/Ch 18C Sub 4 Art I heading)
ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PROPERTY
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625 ILCS 5/18c-4101
(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.)
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625 ILCS 5/18c-4102
(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 .)
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625 ILCS 5/18c-4103
(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:
(a) Procure or exercise control over drivers of such | | vehicles, directly or indirectly; or
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(b) Be responsible for or hold itself out to be
| | responsible for driver's wages, payroll, unemployment compensation, social security tax, income withholding tax or any other taxes or payments normally due by reason of the employer-employee relationship, or any other compensation to drivers.
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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:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are
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(c) The household goods contract carrier exercises
| | direct supervision and control of such motor vehicles and drivers; and
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(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.
(a) Requirements for Content, Filing, and Carrying of
| | Leases. The Commission may prescribe requirements for the leasing of equipment, with driver, and of equipment without driver, to or by a motor carrier of property; provided that such regulations shall not encompass the leasing of equipment, without drivers, from a bona fide equipment leasing company to a motor carrier of property. Such leases shall be in writing, constitute the complete and exclusive statement of terms between the parties, specify the compensation for the lease and the duration of the lease, be signed by the parties thereto, be filed with the Commission, and be carried in each motor vehicle covered thereby, provided, however, that the Commission may exempt from the foregoing requirements leases between parties, all of whom hold public carrier certificates issued by the Commission. The provisions of this paragraph shall not apply to the interchange of equipment or drivers between carriers for use wholly within a county having a population of more than 1,000,000 inhabitants.
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(b) Direction and Control of Leased Equipment. It
| | shall be the responsibility of the license holder to exercise full direction and control of all equipment and personnel used in its operations. Equipment used in its operations must be owned by or under lease to the carrier.
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(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-4104
(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:
(a) Operate as an intrastate motor carrier of | | property without a license from the Commission; or as an interstate motor carrier of property without a registration from the Commission.
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(b) Operate as an intrastate household goods carrier
| | in excess of the scope of a license issued to it by the Commission in regard to any of the following:
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1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of
| | property, any motor vehicle which does not carry a copy of a valid, current license issued by the Commission to such carrier; or operate, as an interstate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current registration issued by the Commission to such carrier; or fail to produce such copy on request; provided that an authorized interstate motor carrier of property shall be exempted from the requirement that a copy of its registration be carried in each motor vehicle.
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(d) Operate, as an intrastate household goods
| | carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, for which a valid lease is not on file in compliance with Section 18c-4103 of this Chapter, Commission regulations and orders.
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(e) Operate, as an intrastate household goods
| | carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, which does not carry an executed copy of the lease required in paragraph (d) of this subsection; or fail to produce such copy on request.
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(f) Operate, as an intrastate motor carrier of
| | property, any motor vehicle for which the carrier has not executed a prescribed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
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(g) Operate, as an intrastate motor carrier of
| | property, any motor vehicle which does not carry the properly executed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle which does not carry the properly executed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
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(h) Operate, as an intrastate or interstate motor
| | carrier of property, any motor vehicle which is not identified or is not properly identified in compliance with Section 18c-4701 of this Chapter, Commission regulations and orders.
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(i) Operate, as an intrastate motor carrier of
| | property, in violation of transfer requirements in Section 18c-4307 of this Chapter.
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(j) Provide, as an intrastate household goods
| | carrier, service at rates other than those contained in lawfully applicable tariffs or schedules for such service.
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(k) Otherwise operate as a motor carrier of property
| | in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this State.
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(l) Aid or abet any other person in a violation of
| | this Chapter, Commission regulations or orders, by soliciting, receiving, or compensating service from a person not authorized to provide such service, or at other than lawful rates for such service, or otherwise.
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(2) Provisos.
(a) Presentation of Documents at Hearing as Defense.
| | Presentation, at hearing, of a copy of a current license or registration issued by the Commission to the carrier which was valid on the date the violation occurred shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from any penalties under paragraph (c) of subsection (1) of this Section. Presentation, at hearing, of an executed copy of the current lease in the form prescribed by and on file with the Commission shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from penalties under paragraph (d) of subsection (1) of this Section. Presentation, at hearing, of the required intrastate or interstate cab card, with the required Illinois intrastate or interstate identifier affixed or printed thereon, if valid on the date the violation occurred, and if no concurrent violations are found, shall excuse the carrier from penalties under paragraph (g) of subsection (1) of this Section.
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(b) Lease Form Prescribed by the Commission. A lease
| | shall, for purposes of paragraph (d) of subsection (1) of this Section, be deemed to be in the form prescribed by the Commission if it contains all provisions called for in the Commission-prescribed lease and does not contain any provisions inconsistent therewith.
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(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-4105 (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: (1) "Motor carrier transportation contract" means a | | contract, agreement or understanding covering:
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| (A) The transportation of property for
| | compensation or hire by the motor carrier;
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| (B) Entrance on property by the motor carrier for
| | the purpose of loading, unloading, or transporting property for compensation or hire; or
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| (C) A service incidental to activity described in
| | (i) or (ii) above, including, but not limited to, storage of property.
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| (2) "Promisee" means the promisee and any agents,
| | employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee, and such motor carrier's agents, employees, servants or independent contractors directly responsible to the motor carrier.
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| (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.)
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625 ILCS 5/Ch 18C Sub 4 Art II
(625 ILCS 5/Ch 18C Sub 4 Art II heading)
ARTICLE II.
LICENSING
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625 ILCS 5/18c-4201
(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:
(a) For a license authorizing a carrier to operate as | | an intrastate household goods carrier;
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(b) To transfer a certificate, permit, or license or
| | to change the name on a certificate, permit, or license; and
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(c) To convert household goods contract carrier
| | authority to household goods common carrier authority.
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(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.
(a) Review of applications prior to publication. The
| | Commission may provide for preliminary review of each application to determine if it is complete, if it gives adequate notice, and if the authority requested is unenforceably vague or otherwise contrary to the provisions of this Chapter.
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(b) Authorization to submit application for
| | publication. If the Commission determines after review that the application is defective in any respect, it shall promptly notify the applicant. No application shall be submitted to the official newspaper for publication until after it has been approved for publication, if the Commission has provided for preliminary review. If the Commission does not find that the application is defective, or if it finds that any defects have been removed by amendment, the applicant shall be permitted to submit the application to the official newspaper for publication. The Commission shall complete its review and notify the applicant within 15 days after filing of the application.
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(c) Additional notice prescribed by the Commission.
| | The Commission may direct applicant to give such further notice in connection with its application as the Commission deems necessary. The Commission may, itself, give such additional notice as it deems necessary.
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(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having
| | standing to participate under this Chapter may appear and participate in a hearing before the Commission to the extent of its standing, provided that the person has complied with Commission regulations concerning the filing of petitions for leave to intervene and like pleadings. Petitions for leave to intervene must be filed within 15 days after publication, unless the Commission provides for filing at a later date. The Commission may permit additional persons to appear and participate, on such terms as the Commission shall prescribe, where such participation is deemed necessary to an informed and just resolution of the issues in the proceeding.
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(b) Setting, notice, and hearing. Notwithstanding any
| | contrary provisions in Section 18c-2101 of this Chapter, a hearing shall be held on each licensing application to determine that the requirements of this Chapter have been satisfied, except as otherwise provided in Section 18c-4306 of this Chapter. The Commission shall set the hearing at a time not less than 15 days after publication in the official newspaper. The Commission shall serve notice of hearing on each party of record.
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(c) Issuance of orders after hearing. The Commission
| | may issue summary orders in cases where the licensing application was not opposed in a timely pleading addressed to the Commission, or was opposed in a timely pleading but such opposition was later withdrawn or the parties in opposition waived all right to other than a summary order. Summary orders shall be issued within 10 days after the close of oral hearing or such other period as the Commission may prescribe. Where a party requests, in a properly filed motion for reconsideration or rehearing, a detailed statement of findings and conclusions, the Commission shall vacate the summary order and issue a new order in accordance with Sub-chapters 1 and 2 of this Chapter. Otherwise, orders shall be issued in accordance with provisions of Sub-chapters 1 and 2 of this Chapter.
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(Source: P.A. 97-595, eff. 8-26-11.)
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625 ILCS 5/18c-4202
(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.)
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625 ILCS 5/18c-4203
(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.
(a) General requirements. The Commission shall grant | | an application for a household goods contract carrier permit, in whole or in part, to the extent that it finds that the application was properly filed; the applicant is fit, willing and able to provide the service in compliance with this Chapter, Commission regulations and orders; and issuance of the permit will be consistent with the public interest. Otherwise, the application shall be denied. The burden of proving that the requirements for issuance of a household goods contract carrier permit have been met shall be borne by the applicant.
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(b) Conversion to household goods common carrier
| | authority. The Commission may, at the request of the holder, authorize the conversion of household goods contract carrier authority to household goods common carrier authority, subject to the same terms, conditions, limitations, and regulations as other household goods common carriers.
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(c) Cancellation and non-renewal of contracts.
| | Cancellation or non-renewal of a contract, or failure to keep on file with the Commission a copy of a valid contract, shall render a permit void with regard to the involved shipper.
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(3) Duties and practices of household goods contract carriers.
(a) Services. Household goods contract carriers shall
| | provide safe and adequate transportation service to their contracting shippers within the scope of their authorities and contracts and in compliance with this Chapter, Commission regulations and orders.
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(b) Contracts. Each household goods contract carrier
| | shall file with the Commission a copy of each contract executed under authority of its permit, and shall provide no service except in accordance with contracts on file with the Commission. The Commission may, at any time, reject contracts filed with it which do not comply with the provisions of this Chapter, Commission regulations and orders.
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(Source: P.A. 97-595, eff. 8-26-11.)
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625 ILCS 5/18c-4204
(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:
(a) (Blank);
(b) The existing authorized carriers' services, | | including the adequacy of such services and the effect which issuance of a new certificate or permit would have on such services;
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(c) (Blank);
(d) Any evidence bearing on the fitness, willingness,
| | or ability of the applicant, including but not limited to any past history of violations of this Chapter, Commission regulations or orders, whether or not such violations were the subject of an enforcement proceeding; and
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(e) The effect which issuing the certificate or
| | permit would have on the development, maintenance and preservation of the highways of this State for commercial and other public use.
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(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:
(a) Whether the proposed service is contract carrier
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(b) The effect which failure to issue the permit
| | would have on the supporting shipper or shippers.
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(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:
(a) The mere preference of the supporting shipper or
| | shippers or their receiver or receivers for the applicant's service; or
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(b) Any illegal operations of the applicant as
| | evidence of shipper need or the inadequacy of existing carriers' services.
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(Source: P.A. 97-595, eff. 8-26-11.)
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625 ILCS 5/18c-4204a
(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:
(a) Is aware of its obligations under this Chapter, | | Commission regulations and orders, and other provisions of The Illinois Vehicle Code;
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(b) Has substantially complied with applicable
| | statutes and regulations; and
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(c) Possesses the equipment, facilities, financial
| | resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis.
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(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for
| | temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness. The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor.
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(b) Permanent authority. Each applicant for
| | permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence.
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(c) Findings. The order granting permanent household
| | goods authority shall contain specific findings, with citation to the record, on each aspect of fitness.
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(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.)
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625 ILCS 5/18c-4206
(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.)
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