(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
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
amended;
(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
relocator;
(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
transportation;
(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
situations;
(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;
87-1249 .)
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(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(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
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(b) Be responsible for or hold itself out to be
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| 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.
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The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(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
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(c) The household goods contract carrier exercises
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(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
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
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| 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.
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(b) Direction and Control of Leased Equipment. It
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| 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.
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(Source: P.A. 89-444, eff. 1-25-96.)
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