Illinois Compiled Statutes
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VEHICLES625 ILCS 5/18c-4303
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18c-4303)
(from Ch. 95 1/2, par. 18c-4303)
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
625 ILCS 5/18c-4304
(625 ILCS 5/18c-4304)
(from Ch. 95 1/2, par. 18c-4304)
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
625 ILCS 5/18c-4305
(625 ILCS 5/18c-4305)
(from Ch. 95 1/2, par. 18c-4305)
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
625 ILCS 5/18c-4306
(625 ILCS 5/18c-4306)
(from Ch. 95 1/2, par. 18c-4306)
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(a) a member or members of the transferor's immediate
(b) a corporation, the stock of which is wholly owned
by the transferor or members of his immediate family or a member or members of the transferor partnership;
(c) a member or members of a partnership of which the
(d) a stockholder or stockholders of the transferor
corporation or of a corporation wholly owned by the transferor or the transferor's immediate family;
(e) the heirs of a person who dies intestate or the
legatees of a testator, upon order of the probate court having jurisdiction;
(f) the heirs or legatees of the transferor pursuant
to the Probate Act of 1975, as amended;
(g) a corporation, more than 50% of the stock of
which is controlled by the stockholders of the transferor corporation; or
(h) a corporation, all of the stock of which is
controlled by a member or members of the immediate family of the stockholder or stockholders of the transferor corporation.
(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415