Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/18b-107
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18b-107)
(from Ch. 95 1/2, par. 18b-107)
Violations - Civil penalties.
Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
625 ILCS 5/18b-108
(625 ILCS 5/18b-108)
(from Ch. 95 1/2, par. 18b-108)
Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General.
(d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 99-291, eff. 1-1-16
625 ILCS 5/18b-109
(625 ILCS 5/18b-109)
(from Ch. 95 1/2, par. 18b-109)
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
625 ILCS 5/18b-110
(625 ILCS 5/18b-110)
(from Ch. 95 1/2, par. 18b-110)
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
625 ILCS 5/18b-111
(625 ILCS 5/18b-111)
(from Ch. 95 1/2, par. 18b-111)
Review Under Administrative Review Law.
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
(Source: P.A. 90-89, eff. 1-1-98.)
625 ILCS 5/18b-112
(625 ILCS 5/18b-112)
Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Department" means the Department of State
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
"Equipment provider" is the owner of an intermodal trailer, chassis, or
This includes any forwarding company, water carrier, steamship line, railroad,
equipment leasing company, and their subsidiary or affiliated companies owning
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
(1) If as a result of a roadside inspection by the
Department, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
(2) A rebuttable presumption exists that the
following defects were present at the time of the interchange:
(A) There is a defect with the brake drum
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
(I) there is no movement of any
(II) there are missing, broken, or loose
(III) there are mismatched components.
(C) There is a defect with the air lines and
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
(D) There is a defect with the reservoir tank
when there is any separation of original attachment points.
(E) There is a defect with the frames
(I) there is any cracked, loose, sagging, or
broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
(II) there is any condition which causes
moving parts to come in contact with the frame.
(F) There is an electrical defect when wires are
(G) There is a defect with the wheel assembly
(I) there is low or no oil;
(II) there is oil leakage on brake
(III) there are lug nuts that are loose or
(IV) the wheel bearings are not properly
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
(III) there are exposed plys or belting
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
except a manufactured crack; or
(II) there is a lock or side ring cracked,
bent, broken, sprung, improperly seated, or mismatched.
(J) There is a defect with the suspension
(I) there are spring assembly leaves broken,
missing, or separated; or
(II) there are spring hanger, u-bolts, or
axle positioning components cracked, broken loose, or missing.
(K) There is a defect with the chassis locking
pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.
(3) If an operator receives a citation for a
violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of the citation; and
(B) costs incurred by the operator to repair the
defects specified in the citation, including any towing costs incurred.
The equipment provider shall reimburse the operator
within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 91-662, eff. 7-1-00.)
625 ILCS 5/Ch. 18C
(625 ILCS 5/Ch. 18C heading)
ILLINOIS COMMERCIAL TRANSPORTATION LAW
625 ILCS 5/Ch. 18C Sub-ch. 1
(625 ILCS 5/Ch. 18C Sub-ch. 1 heading)
625 ILCS 5/Ch 18C Sub 1 Art I
(625 ILCS 5/Ch 18C Sub 1 Art I heading)
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
625 ILCS 5/18c-1101
(625 ILCS 5/18c-1101)
(from Ch. 95 1/2, par. 18c-1101)
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
625 ILCS 5/18c-1102
(625 ILCS 5/18c-1102)
(from Ch. 95 1/2, par. 18c-1102)
The General Assembly finds that:
(a) a comprehensive recodification of existing
transportation regulatory statutes is needed to delete obsolete provisions and facilitate a coordinated approach to regulation of motor carriers, rail carriers, and brokers;
(b) the accelerating pace of change in the
transportation industry, as an outgrowth of changing economic conditions and federal legislation, necessitates the streamlining of regulatory procedures to allow for prompt action to protect the interests of the people of the State of Illinois; and
(c) an increasing incidence of unlawful activity by
unlicensed carriers and others has rendered existing enforcement mechanisms inadequate.
Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
(Source: P.A. 91-357, eff. 7-29-99.)