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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-5101

    (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

    (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

    (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

    (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

    (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

    (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

    (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

 
    (625 ILCS 5/Ch 18C Sub 5 Art II heading)
ARTICLE II. RESOLUTION OF HOUSEHOLD GOODS DISPUTES

625 ILCS 5/18c-5201

    (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.)