(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.)
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(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.)
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(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.)
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(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.)
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(625 ILCS 5/Ch 18C Sub 4 Art IX heading) ARTICLE IX.
SAFETY REGULATIONS FOR
MOTOR CARRIERS OF PROPERTY: INSURANCE
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(625 ILCS 5/Ch. 18C Sub-ch. 5 heading) SUB-CHAPTER 5.
SPECIAL PROVISIONS APPLICABLE
TO TRANSPORTATION OF PROPERTY
OVER PUBLIC ROADS
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(625 ILCS 5/Ch 18C Sub 5 Art I heading) ARTICLE I.
BROKERS
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(625 ILCS 5/Ch 18C Sub 5 Art II heading) ARTICLE II.
RESOLUTION OF HOUSEHOLD GOODS DISPUTES
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(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.)
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(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:
(a) The carrier assessed a rate not contained in a | ||
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(b) The carrier failed to fully apprise the shipper, | ||
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(c) Damages to lading occurred during the loading, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(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:
(a) The shipper submitted a claim to the carrier | ||
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(b) The shipper prevailed in the court action; and
(c) Either:
(i) No certified private dispute resolution | ||
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(ii) (Blank).
(iii) The court action was to enforce a timely | ||
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(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.)
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(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.)
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(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.)
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