(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
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(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
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(625 ILCS 5/18c-7406) Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.) |
(625 ILCS 5/Ch 18C Sub 7 Art V heading) ARTICLE V.
MISCELLANEOUS PROVISIONS.
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(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) Sec. 18c-7502. Malicious removal of or damage to railroad property or
freight. (a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
have: (i) removed, taken, stolen, changed, added to, taken | ||
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(ii) willfully and with intent to permanently deprive | ||
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(iii) bought or received any of the railroad freight | ||
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(iv) willfully placed upon an active railroad track | ||
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(b) Penalties. (1) If the railroad property damage does not exceed | ||
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(2) Upon being found in violation of item (ii), | ||
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(3) Local authorities shall impose fines as | ||
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(c) Definitions. As used in this Section: "Bodily injury" means: (i) a cut, abrasion, bruise, bump, or disfigurement; (ii) physical pain; (iii) illness; (iv) impairment of the function of a bodily member, | ||
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(v) any other injury to the body, no matter how | ||
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"Railroad" means any form of nonhighway ground transportation that runs on
rails or
electromagnetic guideways, including: (i) commuter or other short-haul railroad passenger | ||
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(ii) high-speed ground transportation systems that | ||
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"Railroad carrier" means a person providing railroad transportation. "Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
owned, leased,
or used in the operation of any railroad carrier including trains, locomotives,
engines, railroad
cars, work equipment, rolling stock, or safety devices. "Railroad property"
does
not include a
railroad carrier's administrative buildings or offices, office equipment, or
intangible property
such as software or other information. "Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs. "Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling
stock is kept when not in use or when awaiting repair. "Serious bodily injury" means bodily injury that involves: (i) a substantial risk of death; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of the function of | ||
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(Source: P.A. 96-1132, eff. 1-1-11.) |
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided | ||
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(i) walk, ride, drive or be upon or along the | ||
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(ii) enter or be
upon any railroad property;
(iii) without lawful authority or the railroad | ||
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(iv) willfully lead or contrive any animal to go | ||
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(v) throw or cause to be thrown on to the | ||
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(b) Exceptions.
This subsection shall not apply to:
(i) fare paying passengers on trains or employees | ||
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(ii) railroad employees and an authorized | ||
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(iii) a person going upon the right of way or | ||
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(iv) a person being on the station grounds or in | ||
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(v) a person, his family, or his employees or | ||
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(vi) a person having written permission from the | ||
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(vii) representatives of local, State, and | ||
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(viii) a person having written permission from | ||
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(2) Penalties.
(a) Any person found in violation of item (i), (ii), | ||
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(b) Any person found in violation of item (v) of | ||
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(c) Local authorities shall impose fines as | ||
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(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means
any form of
nonhighway ground transportation that runs on rails or electromagnetic
guideways,
including:
(i) commuter or other short-haul railroad | ||
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(ii) high-speed ground transportation systems | ||
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"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
engines,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
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(625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
Sec. 18c-7504.
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
willfully done.
(2) Enforcement.
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch. 18C Sub-ch. 8 heading) SUB-CHAPTER 8.
COMMON CARRIERS BY PIPELINE
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(625 ILCS 5/Ch 18C Sub 8 Art I heading) ARTICLE I.
JURISDICTION AND POWER
OVER COMMON CARRIERS BY PIPELINE
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(625 ILCS 5/18c-8101) (from Ch. 95 1/2, par. 18c-8101)
Sec. 18c-8101.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art II heading) ARTICLE II.
LICENSING AND RATEMAKING
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(625 ILCS 5/18c-8201) (from Ch. 95 1/2, par. 18c-8201)
Sec. 18c-8201.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art III heading) ARTICLE III.
SAFETY REGULATION
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(625 ILCS 5/18c-8301) (from Ch. 95 1/2, par. 18c-8301)
Sec. 18c-8301.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art IV heading) ARTICLE IV.
MISCELLANEOUS PROVISIONS
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(625 ILCS 5/18c-8401) (from Ch. 95 1/2, par. 18c-8401)
Sec. 18c-8401.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch. 18C Sub-ch. 9 heading) SUB-CHAPTER 9.
MISCELLANEOUS PROVISIONS OF LAW
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(625 ILCS 5/Ch 18C Sub 9 Art I heading) ARTICLE I.
REMEDIES CUMULATIVE
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(625 ILCS 5/18c-9101) (from Ch. 95 1/2, par. 18c-9101)
Sec. 18c-9101.
Remedies Cumulative.
Rights and remedies under this Chapter shall be cumulative of each
other and of rights and remedies under other provisions of law,
except as otherwise expressly provided herein. Exercise of one
right or remedy under this Chapter shall not waive or bar exercise of
any other, and imposition of one sanction under this Chapter shall
not be a bar to imposition of any other sanction provided for in
this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 9 Art II heading) ARTICLE II.
GRANDFATHER PROVISIONS
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(625 ILCS 5/18c-9201) (from Ch. 95 1/2, par. 18c-9201)
Sec. 18c-9201.
Grandfather Clause.
Except as otherwise expressly provided in this Chapter, valid
regulations adopted, licenses, registrations, certifications and
other authorizations issued or recognized, rates established
or recognized, and forms promulgated or utilized under Acts or parts
of Acts repealed by this Act
shall have the same force and effect as if adopted, issued,
established, or recognized under this Chapter.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch. 18d heading)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW
(Source: P.A. 95-562, eff. 7-1-08 .)
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(625 ILCS 5/18d-101)
Sec. 18d-101. Short title. This Chapter may be cited as the Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-105)
Sec. 18d-105. Definitions. As used in this Chapter: (1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. (2) "Commission" means the Illinois Commerce Commission.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-110)
Sec. 18d-110. The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare. It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions. The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State. The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-115)
Sec. 18d-115. It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-117) Sec. 18d-117. Exemption. (a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. (b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter. (c) Subsection (a) does not apply to towers that legally reside in both counties.
(Source: P.A. 96-309, eff. 1-1-10.) |
(625 ILCS 5/18d-120)
Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences. (a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section. (b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing: (1) The formal business name of the commercial | ||
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(2) The address of the location to which the vehicle | ||
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(3) The cost of all relocation, storage, and any | ||
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(4) An itemized description of the vehicle owner or | ||
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"As a customer, you also have the following rights
under Illinois law: (1) This written disclosure must be provided to you | ||
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(2) Before towing, you must be advised of the price | ||
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(3) Upon your demand, a final invoice itemizing all | ||
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(4) Upon your demand, your vehicle must be returned | ||
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(5) You have the right to pay all charges in cash | ||
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(6) Upon your demand, you must be provided with | ||
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(c) The commercial vehicle safety relocator shall
provide a copy of the completed disclosure required by this
Section to the vehicle owner or operator, before towing the
damaged or disabled vehicle, and shall maintain an identical
copy of the completed disclosure in its records for a minimum
of 5 years after the transaction concludes. (d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of
the disclosure to local law enforcement and, if known, the
vehicle owner or operator's automobile insurance company. (e) If the commercial vehicle safety relocator fails
to comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking
any compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle
safety relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-125)
Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices. (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an
itemized final invoice that fairly and accurately documents the
charges owed by the vehicle owner or operator for relocation of
damaged or disabled vehicles. The final estimate or invoice
shall accurately record in writing all of the items set forth
in this Section. (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as
registered with the Illinois Secretary of State, its business
address and telephone number, the date of the invoice, the
odometer reading at the time the final invoice was prepared,
the name of the vehicle owner or operator, and the description
of the motor vehicle, including the motor vehicle
identification number. In addition, the invoice shall describe
any modifications made to the vehicle by the commercial vehicle
safety relocator, any observable damage to the vehicle
upon its initial receipt by the commercial vehicle safety relocator,
and any observable damage to the vehicle at the time
of its release to the vehicle owner or operator. The invoice
shall itemize any additional charges and include those charges
in the total presented to the vehicle owner or operator. (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5 years from
the date of release of the vehicle. The copy may be retained in
electronic format. Records may be stored at a separate
location. (d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-130)
Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or
disabled vehicles shall post, in a prominent place on the
business premises, one or more signs, readily visible to
customers, in the following form: YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE | ||
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2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE | ||
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3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A | ||
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4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR | ||
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5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD. 6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF | ||
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The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-135)
Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of
damaged or disabled vehicles shall maintain copies of (i) all
disclosures provided to vehicle owners or operators as required
under this Chapter and (ii) all invoices provided to vehicle
owners or operators as required under this Chapter. The
copies may be maintained in an electronic format, shall be kept
for 5 years, and shall be available for inspection by the
Illinois Commerce Commission. Failure to provide requested documentation to the Illinois Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-140)
Sec. 18d-140. Any vehicle used in connection with any commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address, and telephone number of the safety relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-145)
Sec. 18d-145. Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator's registration certificate. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of the safety relocator's registration certificate may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-150)
Sec. 18d-150. Waiver or limitation of liability
prohibited. (a) Commercial vehicle safety relocators engaged in
the relocation or storage of damaged or disabled vehicles shall
be prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability
under this Code, in tort or contract, or under any other
cognizable cause of action available to the vehicle owner or
operator. (b) Commercial vehicle safety relocators are
prohibited from requiring the vehicle owner or operator to sign
or agree to any document purporting to waive or limit the
commercial vehicle safety relocator's liability under
this Code, in tort or contract, or under any other cognizable
cause of action available to the vehicle owner or operator. (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-153) Sec. 18d-153. Misrepresentation of affiliation. It shall be unlawful for any tower to misrepresent an affiliation with the State, a unit of local government, an insurance company, a private club, or any other entity, or falsely claim to be included on a law enforcement agency's tow rotation list maintained under Section 4-203.5 of this Code, for the purpose of securing a business transaction with a vehicle owner or operator.
(Source: P.A. 99-438, eff. 1-1-16 .) |
(625 ILCS 5/18d-155)
Sec. 18d-155. The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter. Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-160)
Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, 18d-150, or 18d-153 of this Code
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-562, eff. 7-1-08; 96-1369, eff. 1-1-11.) |
(625 ILCS 5/18d-165)
Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-170)
Sec. 18d-170. Mandatory insurance coverage. (a) A commercial vehicle safety relocator shall
provide insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks. (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance. (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than $100 nor more than
$500.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-175)
Sec. 18d-175. Disposition of funds. All fees and fines collected by the Commission under this Chapter shall be paid into the Transportation Regulatory Fund in the State treasury. The money in that fund shall be used to defray the expenses of the administration of this Chapter.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/18d-180)
Sec. 18d-180. The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with Section 18a-700.
(Source: P.A. 95-562, eff. 7-1-08 .) |
(625 ILCS 5/Ch. 20 heading) CHAPTER 20.
MISCELLANEOUS PROVISIONS,
EFFECT OF ACT AND REPEAL OF NAMED ACTS
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(625 ILCS 5/18d-185) Sec. 18d-185. Consumer complaints against safety relocators. The Commission shall post a notice of the administrative citations issued to a safety relocator and the disposition of the administrative citation on its website. (Source: P.A. 103-199, eff. 1-1-24 .) |
(625 ILCS 5/Ch. 20 Art. I heading) ARTICLE I.
DISTRIBUTION OF FEES AND TAXES
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(625 ILCS 5/20-101) (from Ch. 95 1/2, par. 20-101)
Sec. 20-101.
Moneys derived from registration, operation and use of
automobiles and from fuel taxes - Use. From and after the effective date
of this Act, except as provided in Section 3-815.1 of this Code, no public
moneys derived from fees, excises or license
taxes relating to registration, operation and use of vehicles on public
highways or to fuels used for the propulsion of such vehicles, shall be
appropriated or expended other than for costs of administering the laws
imposing such fees, excises and license taxes, statutory refunds and
adjustments allowed thereunder, administrative costs of the
Department of Transportation, payment of
debts and liabilities incurred in construction and reconstruction of
public highways and bridges, acquisition of rights-of-way for, and the
cost of construction, reconstruction, maintenance, repair and operation
of public highways and bridges under the direction and supervision of
the State, political subdivision or municipality collecting such moneys,
and the costs for patrolling and policing the public highways (by the
State, political subdivision or municipality collecting such money) for
enforcement of traffic laws; provided, that such
moneys may be used for the retirement of and interest on bonds
heretofore issued for purposes other than the construction of public
highways or bridges but not to a greater extent, nor a greater length of
time, than is provided in acts heretofore adopted and now in force.
Further the separation of grades of such highways with railroads and costs
associated with protection of at-grade highway and railroad crossings shall
also be permissible.
(Source: P.A. 93-23, eff. 6-20-03.)
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(625 ILCS 5/Ch. 20 Art. II heading) ARTICLE II.
EFFECT OF ACT
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(625 ILCS 5/20-201) (from Ch. 95 1/2, par. 20-201)
Sec. 20-201.
Effect of headings.
Chapter, Article and Section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any Chapter, Article or Section
hereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-201.1) (from Ch. 95 1/2, par. 20-201.1)
Sec. 20-201.1.
Gender.
When used in this Code, words importing the
masculine may be applied to females and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.2) (from Ch. 95 1/2, par. 20-201.2)
Sec. 20-201.2.
Number.
When used in this Code, words importing the
singular may extend and be applied to several persons or things, and words
importing the plural number may include singular.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.3) (from Ch. 95 1/2, par. 20-201.3)
Sec. 20-201.3.
Tense.
When used in this Code, words importing the present
tense may include the future and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
Sec. 20-202. Act not retroactive. This Act shall not have a retroactive effect and shall not apply to
any traffic crash, to a cause of action arising out of a traffic
crash or judgment arising therefrom, or to any violation of the laws
of this State, occurring prior to the effective date of this Act.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/20-203) (from Ch. 95 1/2, par. 20-203)
Sec. 20-203.
Constitutionality.
If any part or parts of this Act shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity
of the remaining parts of this Act. The legislature hereby declares that
it would have passed the remaining parts of this Act if it had known
that such part or parts thereof would be declared unconstitutional.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-204) (from Ch. 95 1/2, par. 20-204)
Sec. 20-204.
A county or the corporate authorities of a municipality may adopt all or any
portion of this Illinois Vehicle Code by reference.
(Source: P.A. 96-655, eff. 1-1-10.)
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(625 ILCS 5/20-205) Sec. 20-205. Use of current documents. A State agency may exhaust any copies of a form or document using "accident", in relation to automobile accidents, motor vehicle accidents, and traffic accidents before printing copies of a new version of the form or document that uses "crash" pursuant to the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/Ch. 20 Art. III heading) ARTICLE III.
REPEAL OF NAMED ACTS
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(625 ILCS 5/20-301) (from Ch. 95 1/2, par. 20-301)
Sec. 20-301.
Repeal.
The following acts are repealed:
(a) The "Illinois Vehicle Law", approved July 11, 1957, as amended.
(b) "AN ACT in relation to motor vehicles and to repeal a certain
act therein named", approved June 30, 1919, as amended.
(c) "AN ACT in relation to the issuance of insurance policies in
connection with certain transactions involving motor vehicles, and
providing a penalty for the violation thereof", approved July 7, 1955,
as amended.
(d) "AN ACT providing for the use of public money derived from fees,
excises, and license taxes relating to registration, operation and use
of vehicles on public highways, and fuels used for the propulsion of
such vehicles", approved July 21, 1947, as amended.
(e) The "Uniform Act Regulating Traffic on Highways", approved July
9, 1935, as amended.
(f) "AN ACT in relation to the prevention of the use of public
highways by vehicles exceeding prescribed weight limits", approved
August 6, 1949, as amended.
(g) "AN ACT relating to the operation of ambulances", approved July
25, 1963.
(h) "AN ACT to prevent the overloading of motor vehicles used in
transporting children", approved July 22, 1959, as amended.
(i) "AN ACT in relation to the sale of certain tires for use on
motor vehicles", approved July 9, 1955, as amended.
(j) The "Illinois Motor Carrier of Property Act", approved July 7,
1953, as amended.
(k) "AN ACT to create a Motor Vehicle Laws Commission, to define its
powers and duties, and to make an appropriation therefor", approved June
21, 1951, as amended.
(l) "AN ACT to authorize the Department of Public Safety to furnish
copies of traffic accident reports and be paid a fee therefor", approved
April 17, 1967.
(m) "AN ACT relating to the powers and duties of the Governor in
connection with the Federal Highway Safety Act of 1966", approved August
18, 1967.
(n) "AN ACT enacting and entering into the Driver Licenses Compact",
approved August 19, 1963, as amended.
(o) "AN ACT to adopt the Vehicle Equipment Safety Compact and to
provide for the administration thereof", approved August 19, 1963.
(Source: P.A. 85-293.)
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(625 ILCS 5/Ch. 20 Art. IV heading) ARTICLE IV.
SAVINGS CLAUSE AND EFFECTIVE DATE
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(625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
Sec. 20-401. Saving provisions. The repeal of any Act by this
Chapter shall not affect any right accrued or liability incurred under
said repealed Act to the effective date hereof.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior Act, shall be construed as
a continuation of said prior Act. Any license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance or other instrument or document issued or filed or any deposit
made under any such prior Act and still in effect on the effective date
of this Act shall, except as otherwise specifically provided in this
Act, be deemed the equivalent of a license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance, or other instrument or document issued or filed or any
deposit made under this Act, and shall continue in effect until its
expiration or until suspended, revoked, cancelled or forfeited under
this Act.
Furthermore, when any section of any of the various laws or acts
repealed by this Act is amended by an Amendatory Act of the 76th General
Assembly, and such amended section becomes law prior to the effective
date of this Act, then it is the intent of the General Assembly that the
corresponding section of this Code and Act be construed so as to give
effect to such amendment as if it were made a part of this Code.
Should, however, any such Amendatory Act amend a definition of a word or
phrase in an act repealed by this Act, and such becomes law prior to the
effective date of this Act, it is the further intent of the General
Assembly that the corresponding section of this Code specifically
defining such word or phrase be construed so as to give effect to such
amendment, and if not specifically defined, that the corresponding
section of Chapter 1 of this Code be construed so as to give effect to
such amendment. In the event that a new section is added to an act
repealed by this Act by an Act of the 76th General Assembly, it is the
further intent of the General Assembly that this Code be construed as if
such were made a part of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/20-402) (from Ch. 95 1/2, par. 20-402)
Sec. 20-402.
Effective Date.
This Act is effective July 1, 1970.
(Source: P.A. 76-1586.)
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