Illinois Compiled Statutes
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VEHICLES625 ILCS 5/18c-3201
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18c-3201)
(from Ch. 95 1/2, par. 18c-3201)
Prohibition of transportation services in the
absence of effective rates.
No common carrier by pipeline, household goods carrier, rail carrier, or
passenger carrier shall render service until such carrier has in effect
a tariff or schedule of rates applicable to such service in
compliance with this Chapter. Likewise, no such carrier shall render
service under a license issued by the Commission if the
Commission has suspended or cancelled the tariff or schedule of rates
previously in effect and applicable to such service, or if the
tariff or schedule is, by action of a party thereto or by its own
terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)
625 ILCS 5/18c-3202
(625 ILCS 5/18c-3202)
(from Ch. 95 1/2, par. 18c-3202)
Effective Dates of New or Amended Rates.
shall prescribe the periods of notice which
must elapse between the filing of a proposed rate and its proposed effective
date. In no case shall the Commission prescribe a notice period greater
than 30 days or the period established by a valid, preemptive federal
(Source: P.A. 85-553.)
625 ILCS 5/18c-3203
(625 ILCS 5/18c-3203)
(from Ch. 95 1/2, par. 18c-3203)
Filing, publishing and posting of tariffs and schedules.
(1) General requirement of filing, publication and posting. Each
common carrier of household goods or passengers shall file,
publish, and make available for public inspection its current
tariffs (other than rail contract rate tariffs). Copies of such
tariffs shall be provided by the carrier to any member of the
public on request and at a reasonable cost. Each contract
carrier of household goods shall file its current schedule of
(2) Tariff and schedule specifications. Tariffs and schedules filed
in accordance with this
subsection shall be in such form and contain such information as
the Commission may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff and schedule
(3) Rejection of tariffs and schedules. The Commission may, at any time
prior to the effective date of a tariff or schedule, reject or
suspend a tariff or schedule which does not conform to its
specifications or which on its face is in violation of this Chapter,
Commission regulations or orders.
(4) Right of independent action. Each carrier subject to this
Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such carrier or in
connection with any other carrier. No carrier shall be a member of any
tariff publishing agency, or other organization which, directly or indirectly,
prohibits such carrier from publishing and filing any rate or which requires
that such rate be published or filed by the bureau,
or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)
625 ILCS 5/18c-3204
(625 ILCS 5/18c-3204)
(from Ch. 95 1/2, par. 18c-3204)
(1) Initiation of proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own motion or on
(2) Suspension of tariffs and schedules.
(a) Suspension of tariffs. The Commission may suspend
a tariff, in whole or in part, during the pendency of a proceeding to consider the reasonableness of the tariff, or to consider whether the tariff is discriminatory, or to consider whether the tariff otherwise violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the tariff. The suspension shall remain in effect for the period allowed under this Chapter unless the Commission order provides for a shorter period of suspension. At the end of the statutory suspension period the suspension may be extended by agreement of the parties; otherwise, the tariff shall go into effect. The statutory suspension period is:
(i) Seven months for public carriers and
household goods common carriers;
(ii) One hundred and twenty days for motor
carriers of passengers; and
(iii) Five months for rail carriers, unless the
period is extended for an additional 3 months in accordance with provisions of the Interstate Commerce Act.
(b) Suspension of schedules. The Commission may
suspend a household goods contract carrier schedule, in whole or in part, during the pendency of a proceeding to consider whether the schedule violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the schedule. The suspension shall remain in effect for 7 months unless the Commission order provides for a shorter period of suspension. At the end of this period, the suspension may be extended by agreement of the parties; otherwise, the schedule shall go into effect.
(c) Burden of proof in investigation proceedings. The
burden of proof in an investigation proceeding shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate.
(3) Prescription of tariffs and schedules.
The Commission may prescribe tariffs where it has determined,
in accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter, Commission
regulations or orders. The Commission may prescribe
schedules where it has determined, after hearing, that a
schedule filed by a carrier is in violation of this Chapter,
Commission regulations or orders.
The Commission may, where it finds a tariff or schedule to be
in violation of this Chapter, its regulations or orders, or
finds rates or provisions in a tariff unjust, unreasonable,
or discriminatory, and in accordance with Section 18c-2102 of
this Chapter, direct the carrier to:
(a) Publish and file a supplement cancelling the
tariff or file notice of cancellation of the schedule, in whole or in part;
(b) Publish and file a new tariff or file a new
schedule containing rates and provisions prescribed by the Commission; and
(c) Repay any overcharges or collect any
undercharges, and, except with regard to household goods carriers, pay reparations.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
625 ILCS 5/18c-3205
(625 ILCS 5/18c-3205)
(from Ch. 95 1/2, par. 18c-3205)
Rates for household goods common carrier service must be just, reasonable,
and not discriminatory.
(2) Factors to be Considered.
The Commission shall, in exercising its ratemaking powers
consider, among other factors, the inherent advantages of
transportation by a particular class of carriers, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with provision of such
service, and the revenue needs of carriers under honest,
economical and efficient management.
(3) Factors Not Considered.
The Commission shall not, in exercising its ratemaking
powers, consider the value of any operating authority held by
a carrier, or the value of any goodwill or earning power
connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)