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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 5/18c-4203

    (625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
    Sec. 18c-4203. Household goods contract carrier permits.
    (1) Prerequisite to operation as a household goods contract carrier. No person shall operate as a household goods contract carrier of property unless such person possesses a household goods contract carrier permit issued by the Commission and in good standing.
    (2) Requirements for issuance.
        (a) General requirements. The Commission shall grant
    
an application for a household goods contract carrier permit, in whole or in part, to the extent that it finds that the application was properly filed; the applicant is fit, willing and able to provide the service in compliance with this Chapter, Commission regulations and orders; and issuance of the permit will be consistent with the public interest. Otherwise, the application shall be denied. The burden of proving that the requirements for issuance of a household goods contract carrier permit have been met shall be borne by the applicant.
        (b) Conversion to household goods common carrier
    
authority. The Commission may, at the request of the holder, authorize the conversion of household goods contract carrier authority to household goods common carrier authority, subject to the same terms, conditions, limitations, and regulations as other household goods common carriers.
        (c) Cancellation and non-renewal of contracts.
    
Cancellation or non-renewal of a contract, or failure to keep on file with the Commission a copy of a valid contract, shall render a permit void with regard to the involved shipper.
    (3) Duties and practices of household goods contract carriers.
        (a) Services. Household goods contract carriers shall
    
provide safe and adequate transportation service to their contracting shippers within the scope of their authorities and contracts and in compliance with this Chapter, Commission regulations and orders.
        (b) Contracts. Each household goods contract carrier
    
shall file with the Commission a copy of each contract executed under authority of its permit, and shall provide no service except in accordance with contracts on file with the Commission. The Commission may, at any time, reject contracts filed with it which do not comply with the provisions of this Chapter, Commission regulations and orders.
(Source: P.A. 97-595, eff. 8-26-11.)

625 ILCS 5/18c-4204

    (625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
    Sec. 18c-4204. Standards to be considered in issuing common and contract household goods carrier licenses. The Commission shall exercise its discretion in regard to issuance of common carrier of household goods or contract carrier of household goods licenses in accordance with standards enumerated in this Section.
    (1) Standards relevant to both common and contract household goods carrier licenses. In determining whether to issue a common carrier of household goods certificate or a contract carrier of household goods permit under Sections 18c-4202 and 18c-4203 of this Chapter, the Commission shall consider, in addition to other standards enumerated in this Chapter:
        (a) (Blank);
        (b) The existing authorized carriers' services,
    
including the adequacy of such services and the effect which issuance of a new certificate or permit would have on such services;
        (c) (Blank);
        (d) Any evidence bearing on the fitness, willingness,
    
or ability of the applicant, including but not limited to any past history of violations of this Chapter, Commission regulations or orders, whether or not such violations were the subject of an enforcement proceeding; and
        (e) The effect which issuing the certificate or
    
permit would have on the development, maintenance and preservation of the highways of this State for commercial and other public use.
    (2) Additional standards relevant to household goods contract carrier licenses. In determining whether to issue a household goods contract carrier permit under Section 18c-4203 of this Chapter, the Commission shall consider, in addition to standards enumerated in subsection (1) of this Section or elsewhere in this Sub-chapter:
        (a) Whether the proposed service is contract carrier
    
service; and
        (b) The effect which failure to issue the permit
    
would have on the supporting shipper or shippers.
    (3) Standards not relevant to either household goods common or household goods contract carrier licenses. In determining whether to issue a household goods common carrier certificate or a household goods contract carrier permit under Sections 18c-4202 and 18c-4203 of this Chapter, the Commission shall not consider:
        (a) The mere preference of the supporting shipper or
    
shippers or their receiver or receivers for the applicant's service; or
        (b) Any illegal operations of the applicant as
    
evidence of shipper need or the inadequacy of existing carriers' services.
(Source: P.A. 97-595, eff. 8-26-11.)

625 ILCS 5/18c-4204a

    (625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
    Sec. 18c-4204a. Fitness standards.
    (1) Establishment of administrative standards. The Commission shall, within 180 days from the effective date of this amendatory Act of 1987, adopt and implement standards for determining fitness to hold or continue to hold a household goods carrier license.
    (2) Statutory standards. A person shall not be considered fit for purposes of this Section unless the record shows that, at the time of hearing, the person:
        (a) Is aware of its obligations under this Chapter,
    
Commission regulations and orders, and other provisions of The Illinois Vehicle Code;
        (b) Has substantially complied with applicable
    
statutes and regulations; and
        (c) Possesses the equipment, facilities, financial
    
resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis.
    (3) Burden of proof in application proceedings.
        (a) Temporary authority. Each applicant for
    
temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness. The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor.
        (b) Permanent authority. Each applicant for
    
permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence.
        (c) Findings. The order granting permanent household
    
goods authority shall contain specific findings, with citation to the record, on each aspect of fitness.
    (4) Revocation proceedings. If the record in a revocation proceeding shows that a licensee is no longer fit to hold a household goods carrier license, the Commission shall suspend or revoke the license. When a license is suspended under this Section, the holder shall have 6 months in which to demonstrate, by clear and convincing evidence, that its fitness has been restored. Unless the Commission finds that such a demonstration has been made, the license shall be revoked. A license revoked under this Section shall not be reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-4206

    (625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
    Sec. 18c-4206. Dual operations.
    (1) Dual common/contract operations. No person shall hold both a household goods common carrier certificate and a household goods contract carrier permit unless the Commission determines, or has determined, that both licenses may be held consistent with the public interest and authorizes such dual licensing. Issuance of household goods contract carrier authority after the effective date of this amendatory Act of 1995 to a person that already holds household goods common carrier authority, or vice versa, shall be rebuttably presumed inconsistent with the public interest if the two authorities would be duplicative, in whole or in part.
    (2) Merger of duplicative operating rights. The Commission may, except as otherwise provided in this subsection, order that duplicative operating rights, whether household goods common carrier or household goods contract carrier or both, be merged into a single license and may impose such requirements upon operations under such license as will promote the public interest and effectuate the purposes of this Chapter. The power of the Commission to order merger shall not extend to duplicative operating rights in existence on the effective date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-4207

    (625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
    Sec. 18c-4207. Cessation of service under a license. No household goods carrier shall abandon, discontinue, or suspend any service that it is authorized to provide pursuant to a license issued by the Commission without authorization by the Commission. If the Commission finds good cause for the abandonment, discontinuance, or suspension, it may approve same. If the Commission finds that a household goods carrier has abandoned, discontinued, or suspended service without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/Ch 18C Sub 4 Art III

 
    (625 ILCS 5/Ch 18C Sub 4 Art III heading)
ARTICLE III. TRANSFER OF LICENSES