625 ILCS 5/ Illinois Vehicle Code.

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625 ILCS 5/18c-5302

(625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)

Sec. 18c-5302.

Commission to Adopt Special Rules.

(1) General Provisions.  The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing.  Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article.  Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.

(2) Towing at Owner's Request.  The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.

(Source: P.A. 88-45.)

625 ILCS 5/18c-5303

(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)

Sec. 18c-5303.

The Fitness Test.

(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:

(a) A summary statement of net worth;

(b) A listing of applicant's drivers and any persons who assist or supervise drivers;

(c) A description of equipment to be used in providing service under the license;

(d) A statement that the applicant has not:

(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or

(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;

(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;

(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;

(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and

(h) Proof of insurance in compliance with Commission regulations and orders.

(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases.  The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.

(3) Rebuttal of Prima Facie Showing of Fitness.  A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.

(Source: P.A. 84-1311.)