Illinois Compiled Statutes
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625 ILCS 5/Ch 18C Sub 4 Art I
(625 ILCS 5/Ch 18C Sub 4 Art I heading)
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PROPERTY
625 ILCS 5/18c-4101
(625 ILCS 5/18c-4101)
(from Ch. 95 1/2, par. 18c-4101)
Scope of Commission Jurisdiction.
Except as provided in Section 18c-4102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
property operating within the State of Illinois.
(Source: P.A. 84-796.)
625 ILCS 5/18c-4102
(625 ILCS 5/18c-4102)
(from Ch. 95 1/2, par. 18c-4102)
Exemptions from Commission Jurisdiction.
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
625 ILCS 5/18c-4103
(625 ILCS 5/18c-4103)
(from Ch. 95 1/2, par. 18c-4103)
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
(a) Procure or exercise control over drivers of such
vehicles, directly or indirectly; or
(b) Be responsible for or hold itself out to be
responsible for driver's wages, payroll, unemployment compensation, social security tax, income withholding tax or any other taxes or payments normally due by reason of the employer-employee relationship, or any other compensation to drivers.
The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are
within the scope of the household goods contract carrier's authority;
(c) The household goods contract carrier exercises
direct supervision and control of such motor vehicles and drivers; and
(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
This subsection shall apply regardless of whether the household goods
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(a) Requirements for Content, Filing, and Carrying of
Leases. The Commission may prescribe requirements for the leasing of equipment, with driver, and of equipment without driver, to or by a motor carrier of property; provided that such regulations shall not encompass the leasing of equipment, without drivers, from a bona fide equipment leasing company to a motor carrier of property. Such leases shall be in writing, constitute the complete and exclusive statement of terms between the parties, specify the compensation for the lease and the duration of the lease, be signed by the parties thereto, be filed with the Commission, and be carried in each motor vehicle covered thereby, provided, however, that the Commission may exempt from the foregoing requirements leases between parties, all of whom hold public carrier certificates issued by the Commission. The provisions of this paragraph shall not apply to the interchange of equipment or drivers between carriers for use wholly within a county having a population of more than 1,000,000 inhabitants.
(b) Direction and Control of Leased Equipment. It
shall be the responsibility of the license holder to exercise full direction and control of all equipment and personnel used in its operations. Equipment used in its operations must be owned by or under lease to the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)
625 ILCS 5/18c-4104
(625 ILCS 5/18c-4104)
(from Ch. 95 1/2, par. 18c-4104)
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(a) Operate as an intrastate motor carrier of
property without a license from the Commission; or as an interstate motor carrier of property without a registration from the Commission.
(b) Operate as an intrastate household goods carrier
in excess of the scope of a license issued to it by the Commission in regard to any of the following:
1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of
property, any motor vehicle which does not carry a copy of a valid, current license issued by the Commission to such carrier; or operate, as an interstate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current registration issued by the Commission to such carrier; or fail to produce such copy on request; provided that an authorized interstate motor carrier of property shall be exempted from the requirement that a copy of its registration be carried in each motor vehicle.
(d) Operate, as an intrastate household goods
carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, for which a valid lease is not on file in compliance with Section 18c-4103 of this Chapter, Commission regulations and orders.
(e) Operate, as an intrastate household goods
carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, which does not carry an executed copy of the lease required in paragraph (d) of this subsection; or fail to produce such copy on request.
(f) Operate, as an intrastate motor carrier of
property, any motor vehicle for which the carrier has not executed a prescribed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
(g) Operate, as an intrastate motor carrier of
property, any motor vehicle which does not carry the properly executed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle which does not carry the properly executed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
(h) Operate, as an intrastate or interstate motor
carrier of property, any motor vehicle which is not identified or is not properly identified in compliance with Section 18c-4701 of this Chapter, Commission regulations and orders.
(i) Operate, as an intrastate motor carrier of
property, in violation of transfer requirements in Section 18c-4307 of this Chapter.
(j) Provide, as an intrastate household goods
carrier, service at rates other than those contained in lawfully applicable tariffs or schedules for such service.
(k) Otherwise operate as a motor carrier of property
in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this State.
(l) Aid or abet any other person in a violation of
this Chapter, Commission regulations or orders, by soliciting, receiving, or compensating service from a person not authorized to provide such service, or at other than lawful rates for such service, or otherwise.
(a) Presentation of Documents at Hearing as Defense.
Presentation, at hearing, of a copy of a current license or registration issued by the Commission to the carrier which was valid on the date the violation occurred shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from any penalties under paragraph (c) of subsection (1) of this Section. Presentation, at hearing, of an executed copy of the current lease in the form prescribed by and on file with the Commission shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from penalties under paragraph (d) of subsection (1) of this Section. Presentation, at hearing, of the required intrastate or interstate cab card, with the required Illinois intrastate or interstate identifier affixed or printed thereon, if valid on the date the violation occurred, and if no concurrent violations are found, shall excuse the carrier from penalties under paragraph (g) of subsection (1) of this Section.
(b) Lease Form Prescribed by the Commission. A lease
shall, for purposes of paragraph (d) of subsection (1) of this Section, be deemed to be in the form prescribed by the Commission if it contains all provisions called for in the Commission-prescribed lease and does not contain any provisions inconsistent therewith.
(Source: P.A. 89-444, eff. 1-25-96.)
625 ILCS 5/18c-4105
(625 ILCS 5/18c-4105)
Indemnity agreement in motor carrier transportation contracts void.
(a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
(b) As used in this Section:
(1) "Motor carrier transportation contract" means a
contract, agreement or understanding covering:
(A) The transportation of property for
compensation or hire by the motor carrier;
(B) Entrance on property by the motor carrier for
the purpose of loading, unloading, or transporting property for compensation or hire; or
(C) A service incidental to activity described in
(i) or (ii) above, including, but not limited to, storage of property.
(2) "Promisee" means the promisee and any agents,
employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee, and such motor carrier's agents, employees, servants or independent contractors directly responsible to the motor carrier.
(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.)