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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 5/18b-111

    (625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
    Sec. 18b-111. Review Under Administrative Review Law. All administrative decisions of the Department under this Chapter shall be subject to judicial review under the Administrative Review Law, as now or hereafter amended.
(Source: P.A. 90-89, eff. 1-1-98.)

625 ILCS 5/18b-112

    (625 ILCS 5/18b-112)
    Sec. 18b-112. Intermodal trailer, chassis, and safety.
    (a) Definitions. For purposes of this Section:
    "Department" means the Department of State Police.
    "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 operator.
    "Equipment provider" is the owner of an intermodal trailer, chassis, or container. This includes any forwarding company, water carrier, steamship line, railroad, vehicle equipment leasing company, and their subsidiary or affiliated companies owning the equipment.
    "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 Transportation thereafter.
    "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 operations.
    "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 interchange.
    (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 interchange.
        (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 when:
                (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 brakes when:
                (I) there is no movement of any components;
                (II) there are missing, broken, or loose
            
components; or
                (III) there are mismatched components.
            (C) There is a defect with the air lines and
        
tubing when:
                (I) there is a bulge and swelling;
                (II) there is an audible air leak; or
                (III) there are air lines broken, cracked, or
            
crimped.
            (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 when:
                (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
        
chaffed.
            (G) There is a defect with the wheel assembly
        
when:
                (I) there is low or no oil;
                (II) there is oil leakage on brake
            
components;
                (III) there are lug nuts that are loose or
            
missing; or
                (IV) the wheel bearings are not properly
            
maintained.
            (H) There is a defect with the tires when:
                (I) there is improper inflation;
                (II) there is tire separation from the
            
casing; or
                (III) there are exposed plys or belting
            
material.
            (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 when:
                (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 violation.
    (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)
CHAPTER 18C. ILLINOIS COMMERCIAL TRANSPORTATION LAW

625 ILCS 5/Ch. 18C Sub-ch. 1

 
    (625 ILCS 5/Ch. 18C Sub-ch. 1 heading)
SUB-CHAPTER 1. GENERAL PROVISIONS

625 ILCS 5/Ch 18C Sub 1 Art I

 
    (625 ILCS 5/Ch 18C Sub 1 Art I heading)
ARTICLE I. 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)
    Sec. 18c-1101. Short Title. 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)
    Sec. 18c-1102. Legislative Intent. 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 Commission.
(Source: P.A. 91-357, eff. 7-29-99.)

625 ILCS 5/18c-1103

    (625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
    Sec. 18c-1103. State Transportation Policy. It is hereby declared to be the policy of the State of Illinois to actively supervise and regulate commercial transportation of persons and property within this state. This policy shall be carried out in such manner as to: (a) promote adequate, economical, efficient and responsive commercial transportation service, with adequate revenues to carriers and reasonable rates to the public, and without discrimination; (b) recognize and preserve the inherent advantages of, and foster sound economic conditions in, the several modes of commercial transportation in the public interest; (c) develop and preserve a commercial transportation system properly supportive of the broad economic development goals of the State of Illinois; (d) create economic and employment opportunities in commercial transportation and affected industries through economic growth and development; (e) encourage fair wages and safe and suitable working conditions in the transportation industry; (f) protect the public safety through administration of a program of safety standards and insurance; (g) insure a stable and well-coordinated transportation system for shippers, carriers and the public; and (h) cooperate with the federal government, the several states, and with the organizations representing states and commercial transportation service providers and consumers.
(Source: P.A. 84-796.)